Ohio parental rights

United States
December 16, 2006 12:36pm CST
Just a quick question. My brother-In-Law is in the military. His wife committed adultery. He is seeking a divorce. She is keeping their 2 yr. old daughter from him and his family. When he isn't in Iraq or Afganistan, she won't let him see her. I know that isn't right, but can you direct me to the law that states that. They were married in Ohio and she currently lives there. This isn't his state of residence since he must live on base while in the states.
5 people like this
20 responses
@DRoddy77 (1776)
• United States
16 Dec 06
Once he gets a divorce or atleast a legal separation he can then get a legalized visitation order and she cant stop him from seeing his daughter! I dont have the exact documentations for this but I have spoken to a few lawyers...however as long as they are married then there isnt much he can do. BUT, one good thing is that when they do go to court for custody and visitations the judge will look down upon HER for keeping him from seeing his daughter. I live in Ohio and was told whatever I do, do not stop my husband from seeing his kids because when it comes to court time the judge will not like that!
2 people like this
@Ravenladyj (22904)
• United States
16 Dec 06
Its the same in Canada (Ontario) to an extent..I was allowed to withhold my kids from seeing their father (at their request) until we could go to court but only for specific circumstance
1 person likes this
@chertsy (3798)
• United States
17 Dec 06
He doesn't have to live on base while he is in the states. He can live off base. Were is he stationed at. I'm guessing he's in the Army. Your state of residence is where you lived before you joined the military. But with him being in the military he can get a divorce where he's stationed at and might and might not be cheaper. With his daughter, that might be tricky with him considered a high risk. Being deployed to Iraq or Afganistan. But he can contact his local JAG or military lawyer for advice. Since she cheated on him, Does he have proof. The military looks down on that. Use that to the fullest. If all else fails you can talk to a lawyer and get a free consultation. Good Luck. This makes me upset, I'm a military wife and it irritates me how spouses be it men or women cheats on there spouses while there over there fighting. I also look down on the troops that cheat on there spouses that are sticking by there spouse at the home front. I was prior Navy and I saw it happening and it disgusted me.
1 person likes this
@katyzzz (2897)
• Australia
17 Dec 06
It's a tough one, eventually he may just have to forget he has a child.
• United States
17 Dec 06
until there is a custody agreement there is nothing he can do. JAG cannot handle divorces with kids involved he will have to get his own lawyer, probably one in Ohio. As far as the adultry the military could only do something about it if it was him they can't do anything to he. If Ohio is an at fault state then if he had proof it might help him then,
@Foxxee (3651)
• United States
17 Dec 06
You can't keep a child from another parent just becasue you want to. He actually can go to her house as we speak and take his daughter from the mother and the law can't do anything. It's not kidnapping or anything like that. They are not divorced yet and she can't keep the child away from him and he can't either. You can't do anything at all until a Judge tells you what to do.
• United States
17 Dec 06
actually if they are living apart and the child is living with her it is automatic that she has custody until there is an agreement. If she allows him to take her he doesn't have to bring her back until there is an agreement. He cannot however just walk into the house and take her. He could pick her up from school and take her it wouldn't be kidnapping but he CANNOT just go to the house and take her. I know I have been through this with my older son and his father.
@reeseyj (906)
• United States
17 Dec 06
As long as he hasn't taken her to court for visitation she can do that. I dont know about there but here in california the grandparents can also sue for visitation. In family court he does not need a lawyer. When he goes in to file sometimes they have packets for people to tell them what to do when they can't afford a lawyer.good luck.
@LoYaL132 (335)
• Netherlands
17 Dec 06
In my opinion it isnt fair, but well I hate the war witch is going on in Iraq and Afghanistan.
• United States
17 Dec 06
You have to go to a lawyer and ask that lawyer what the law on that is.
@ladygator (3465)
• United States
17 Dec 06
custody matters can be so tricky to deal with and its super hard to get a child away from the mom and she can really limit the time that the father gets to spend with their child. Its not right but they do it all the time. The best thing is that since she is his daughter he can demand visitation and she has to let him see her once they visit the court.
@vmoore709 (1101)
• United States
17 Dec 06
He needs to put it in the divorce papers that he gets custody of the child. His lawyer should be able to help him.
• United States
17 Dec 06
He needs a lawyer. That's really all there is to that. It's sad, but true. The law stands on mama's side until daddy gets a lawyer and fights back. Sorry I don't have better news for you. I wish him luck.
• United States
17 Dec 06
Since she has physical custody of the child he has to file for visitation rights in the state she resides in. At the current time if he has not been served with a restraining order, this issue is between him and her and the law will not be involved. Tell him to file for his rights and do it quickly.
@Foxxee (3651)
• United States
17 Dec 06
She wont be able to keep their daughter away from him for that much longer. He can get visitation or even full custody. It all depends on the court and what they decide. If he hasn't done anything wrong, she can't keep their daughter away from him.
@bkwiatv1 (605)
• United States
17 Dec 06
i have no idea about ohio but unless he is like an abusive father or the judge said other wise he has every right to see his kids.
@shaf732 (85)
• Singapore
17 Dec 06
You must solve the problems according to legal, see for legal actions.
@lvhughes (545)
• United States
16 Dec 06
you have to go by the laws in the state the devorce takes place.
@anup_cfa (899)
• India
16 Dec 06
ya you are absolutely right..
• United States
16 Dec 06
well if she lives in ohio then he would have to go through ohio.and she has no right keeping this man from seeing his daughter it is not right.this issue can be settled through the divorce he is entitled to visitation.
@Ravenladyj (22904)
• United States
16 Dec 06
I have family in Ohio so I'll ask them and see what they know if you like...I would have to say though that the best bet is to contact legal aid (assuming you have that in the U.S) and ask them...but like I said if you like I can contact my family and see whta they can offer in the way of info
@tsprabhu (705)
• India
16 Dec 06
This issue has to be dealt by those two only... They must some how manage to sit and speak with each other, so that they can end up in a good decision!
@sylviekitty (2083)
• United States
16 Dec 06
My sister in law and her ex were married in Ohio, and had the reverse. They were both in the military, though I think she got out after having her kids? He was still in and working as a recruiter. He cheated on her big time. Now she didn't keep the kids from him, but she went right to his supervisor, and took him for as much child support as possible. She really made him pay financially for what he did, and I suppose rightfully so. But she still lets him have time with their kids. Otherwise, that would be messed up.