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I have a question about my marriage for Oberlin Ohio. My…

Customer Question
I have a question...

I have a question about my marriage for Oberlin Ohio

Lawyer's Assistant: What steps have you taken? Have you filed any papers in Ohio family court?

My husband and I are going through a separation I am going to file for divorce I haven't done it yet I plan on doing it this week but I'm trying to figure out how do I go about moving from Ohio because I have no family and friends here I have no job I lost my job because of the stress in my marriage and I got backed up on my work and my husband is becoming very verbally abusive to me in front of my kids and he is just stressing me very badly he works and he does not financially help me at all

Lawyer's Assistant: Have you talked to a lawyer about this yet?

No because I'm out of a job and I don't have the money to pay a lawyer so I'm trying to see if I can find someone to help me with this question so I can proceed

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No ma'am

Submitted: 2 months ago.Category: Family Law
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Customer reply replied 2 months ago
I cannot live under the same roof with him anymore it is not healthy for me or my kids I'm ready to start a new life outside of Ohio... and he's keep hanging the situation over my head that I cannot take my kids out of Ohio so I can get away from him so I'm trying to figure out the steps I need to take so I can move to Virginia which is 6 hours away with my family to start my new life.... is there a temporary custody agreement I can get?
Customer reply replied 2 months ago
Please help
Answered in 8 minutes by:
5/29/2018
Family Lawyer: Nisha Jones,
 replied 2 months ago
Nisha Jones
Category: Family Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Family Lawyer: Nisha Jones,
 replied 2 months ago

I'm sorry to hear about your situation. Give me just a few minutes to finish typing up some information for you, thanks!

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Customer reply replied 2 months ago
Ok thank you
Customer reply replied 2 months ago
No thank you I'm out of work right now and I can't afford the $59 to do it over the phone
Customer reply replied 2 months ago
I'll stick with the chat.
Family Lawyer: Nisha Jones,
 replied 2 months ago

The phone call request is actually auto generated by the site, so please feel free to disregard it if it's not something you're interested in right now.

I'm typing up your answer now, thanks!

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Family Lawyer: Nisha Jones,
 replied 2 months ago

Since there is currently no child custody order, you could theoretically move with the children.

However, he could then easily petition the court for joint custody or some type of custody order, and this could present some complications and might even result in you needing to move back.

For that reason, it would be better to obtain a temporary custody order before moving.

The court in Ohio would be the court with jurisdiction to hear your divorce and custody case. In order for Virginia to have jurisdiction you would have had to have been residing there for at least 6 months.

I'm sorry to hear that there has been some verbal abuse in the home, and in front of the children. This is something that you can bring to the court's attention when filing for a temporary custody order.

Temporary custody orders are often times granted when there is a pending divorce and custody case.

When making custody determinations, courts will use the best interest of the child standard.

There are several factors under that standard, including:

  • Wishes of both parents
  • Adjustment of the child to home, school, and community
  • Parents’ relative likelihood to honor and facilitate parenting time
  • Child’s wishes and concerns if interview conducted in chambers
  • Mental and physical health of both parents and their child
  • Physical abuse, sexual abuse, or neglect by either parent or member of their household
  • Child’s interaction and interrelationships with each parent, siblings, or other persons who significantly affect the child’s best interest
  • Whether either parent resides or intends to reside in another state
  • Failure of a parent to make court-ordered child support payments

See:

http://codes.ohio.gov/orc/3109

I hope that helps!

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me - I'll be happy to respond. Thank you!

Please remember that any information shared over this site is for general informational purposes only and does not constitute legal advice. You should meet with and consult a local attorney for representation in this matter.

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Customer reply replied 2 months ago
Thank you very much.
Family Lawyer: Nisha Jones,
 replied 2 months ago

You're welcome, no problem! If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

Don't forget to rate before leaving, thank you!

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Family Lawyer: Nisha Jones,
 replied 2 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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