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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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My boyfriends ex wife consistently leaves their 8 year old

Customer Question

My boyfriends ex wife consistently leaves their 8 year old son home alone at night to go to the bar. Several times already, their 17 yr old has come home to find the 8 yr old alone in an unlocked house. What course of action does my boyfriend have if any?
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Ohio
Customer: Also, the ex wife told their 17 yr old that she is moving to another County in a month and to find somewhere else to live. Can he stop her from taking their son with her?
JA: Have you talked to a lawyer yet?
Customer: No, my boyfriend thinks he will be told he has no options or rights. I'm trying to find some answer to give him a push.
JA: Anything else you think the lawyer should know?
Customer: His ex wife also had brain cancer last year. They removed the tumor which occupied about 1/4 of brain. Could be source of her recent behavior.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.


This is Samuel. Ohio does not have a law that specifies how old a child has to be to be left home alone. Now, there are child Negligence laws and if the child should get hurt in anyway, it is possible she could face child negligence charges. At this time, it is going to depend on what the court order says about how far she can move the child from his Father. And so you should check that. I suggest, if she is going to move to another county and that is going to disrupt the child's education, lifestyle with friends, community, etc that the Father can file a Modification to the current order and request he be given the sole physical custody of the child.

Expert:  Samuel II replied 1 year ago.

The court will always rule in the best interests of the child. So if the Father can show that it would be in the childs best interest to live with him as that will keep him in the same school, etc, than it is possible a modification may work,

Expert:  Samuel II replied 1 year ago.

He can actually file a modification on his own, without a local attorney. The documents and packet of forms can be obtained from the clerk of the court where the current custody order was granted.

Customer: replied 1 year ago.
He fears for his sons safety. She is moving in with a man she has only known for 3 months and while at his residence (with her) the son fractured his wrist recently. My boyfriend was not informed until the next day. She also would not let him visit the boy or call him
Expert:  Samuel II replied 1 year ago.

Thanks. If it was his regular visitation and he was denied, then he can file a contempt. But I suggest he consider the modification seeking sole custody based on the best interests of the child so as not to disrupt his lifestyle with the school district etc.

Expert:  Samuel II replied 1 year ago.

As I said, he can file a modification on his own.

Customer: replied 1 year ago.
Thank you!! I will let him know that. He is scared the court will blow him off. And that his ex wife won't provide any information on where they move to, access to school etc.
Customer: replied 1 year ago.
She does have to provide that information, doesn't she?
Expert:  Samuel II replied 1 year ago.

I totally understand. If he does not feel he can do the Modification on his own, I suggest he consult with a local family attorney to get it done.

She would need to provide that information if he shares Legal custody - yes. Otherwise, if he does not she has total and final say.