Legal Question in Family Law in Ohio

My husband has a 1 year old son. The mother court ordered a paternity test and my husband has been paying child support since he was 3 months old. During the interview, the mother said she was planning on moving to Columbus to go to school. When asked what her residual income was going to be, she preceeded to say she was going to live off of student loans and my husbands child support. She was then informed that if she was moving there she would have to find a job. After we eatablished the child support, we were going to ask for visitation. The mother did not want this, so she moved to Columbus (3 hrs away from us) only giving my husband a 2 hr notice. She told him that if he asked for visitation that she would have to move back and then couldn't "better herself" for their childs sake. So, she would bring him over once or twice a month when she was in town so my husband could see his son. Well it has now came to our attention, that she still does not have a job, her boyfriend has moved in with her, and now she is pregnant with her 2nd child. She will not responded to any of my husbands messages and has not let him see his son on over a month. My husband wants to see his son, but doesn't know where to start or if he will not be granted anything, since he is now a year old. We think that we should be the custodial parents due to what we can offer the child compared to her, but we know that's not very likely. But, can she prevent him from getting visitation? In her words she will "not allow visitation and will think about it after she's done with school"


Asked on 2/12/13, 1:27 pm

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

In Ohio, you need a court order ordering her to provide visitation as per a certain schedule. If she then disobeys the court order and refuses to let the father see the child, then the father can bring a contempt of court motion against her.

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Answered on 2/12/13, 1:33 pm


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