Legal Question in Family Law in Ohio

My daughter he been living with my sister for over a year but she doesn't have custody can she stop me from taking my child


Asked on 2/26/13, 6:47 am

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

In Ohio, the person to whom the Court has awarded custody of the child calls the shots on what happens with the child. So if you have custody via a court order, then you can take the child and do as you please.

But the sister could go to the court and argue that you have abandoned the child and that as such, she should get custody of the child.

Depending upon the age of the child, the court may not see it as in the child's best interests to suddenly uproot the child from what he or she is used to for all this time and to suddenly be thrust into a strange place with someone who will seem a stranger. In these cases, the court may order that you start out with visitation with the child first until the child gets used to being around you again and then might allow you to have custody back even if the court were to deny you custody at first.

You have to remember that children are not possessions to fight over, even with people you don't like. What is best for the child must be your guide. So you will want to go slowly at first, unless you feel that the child is in some sort of danger or unhealthy situation that justifies quicker moves.

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Answered on 3/02/13, 7:06 pm


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