This is my fiances case: He has had custody of his little girl since her mother left them back in 2003 for another man. The mom moved 960 miles away and we divorced. Mom remarried for the 4th time. In 2005 he her dad, decided that the child needed a realtionship with her mom so they sold everything and moved 960 miles to where the mom moved to when she left. 2009 rolls around and mom once again is running from yet another marriage into another mans bed leaving her child again! she has gone back to the state where they got divorced and started a case for child custody uner the original divorce. The courts are forcing the custodial parent, dad and the child to go to ohio for a court hearing. he has applied to change juristiction and ohio court said they would not relinquish juristiction until he appreared in ohio. right now he is out of work has a negative bank account and they are forcing him to ohio can they do this under the UCCJEA? the child and the dad live in florida and have for 5.5 yrs. what can we do?
Did he, the father, get permission from the Ohio court to relocate to Flordia when he moved to reside closer to the mother years ago? You see the issue is that a court in a state is responsible for this child that was involved in the divorce. If there was never a granting of movement then the case can not be just dumped onto the recieving state. If he did get permission to relocate then he should be able to file in the state of flordia, as the case was transferred when permission was granted to relocate.Or it should have been.
If the court in Ohio is saying no, then most likely he did not reiceve a court order for relocation years earlier and he MUST go to the hearing or the court will rule in her favor by default.....the good news is if he does appear and she does not, because she is chasing you know what again then the court could rule in his favor by default.
If he does not have a job and this custody battle persists then it will not look to good for him and his ability to support a child in the future, especailly if she has a job.