Q: Mother moved to New York and enter a DV shelter with both children from Ohio January 2012.
Father moved to Arizona to Arizona sometime in 2012. Both are not married to each other, but they both has an open share custody case in Ohio. July 2012 of last year Ohio gave temp custody to the father. Father came to NY and just took them and NY requested Ohio courts to return them and the children were returned August 18th. Now there was another court hearing in Ohio which the mother had a lawyer to represent her in Ohio and since she did not show the magistrate gave full custody to the father and now has the children as of August 30 2013. She went to Ohio on Sept. 11 to see the magistrate regarding the objection her lawyer filed and Ohio denied her. She asked for case to be closed and Ohio refuse
A: David's Answer: Whether Ohio did or did not have proper jurisdiction is an issue which now must be challenged there. It sounds as though the mother had filed some sort of custody case here in New York, the courts conferred and Ohio retained jurisdiction. Thus, the remedy would be to appeal the Ohio court's determination. Of course, to render a definitive opinion, one would need to review all of the court orders & decisions. Thus, if you're looking for such an assessment, you're best advised to schedule a consultation with a NYC Child Custody attorney. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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