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  1. #1
    Join Date
    May 2011
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    Las Vegas
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    Exclamation How Can I Regain Custody of My Daughter

    My question involves a child custody case from the State of: Ohio


    In 2008 I lost custody of my daughter to her father because of drug use. I love my daughter more than anything and I gave my mother temporary custody when I knew it was time for me to go to rehab. When I gave the temporary custody I intended to get her back as soon as I was on my feet. But before I was done in rehab the father stepped in and was awarded custody.

    As soon as he was given custody he turned my daughter over to his parents. It is now 2011 and he has never been a full time parent or even a part time parent to my daughter. It took a long time and a lot of begging but eventually over the past 2 years,I have been able to have my daughter as much as I wanted her outside of school nights and school days because I lived 3 and 1/2 hours away. But during the summer months she was with me and all her school breaks.Or like I said any other time I could drive there and back to get her.

    The grandparents who care for her and her father all have seen the amazing changes I have made in my life...I now have a son with my fiance and have been clean for 2 years. They were willing to give me my daughter back full time and for good at the end of this school year. As I'm sure you could imagine I was thrilled....finally my family would be whole again!

    Because of the economy my fiance, whom financially supports all of us so I can be a stay at home mother, lost his job due to cut backs in the company he was working for. They gave him 6 months pay and a little money to help find a new job. After searching and searching it took all of the 6 months and tons of interviews to find a job...a dream job...good money...great insurance...security...only its very far away from where my daughters living now.

    So long story short, I never got anything in writing or went through the courts so when they heard how far away we would be they refuse to give her to me at all. Not even a visit. I am so upset...I don't think there is even a word to describe how bad I feel.

    What can I do? Please help!!!!! Please!!!!! I'm now living very far away from her and even though I have offered for them to come visit all expenses paid to check out where she would be living they refuse. I am terrified that I will never see her again? I cant afford to fly round trip to and from court cases and I don't know if being available by phone instead of actually being there on court days is aloud. Any advise would be so appreciated and I am sorry if this was long I couldn't figure out how to make it any shorter. Thanks for your time...

    from a scared mom

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: How Can I Regain Custody of My Daughter

    Who actually has legal custody right now? Dad? Or his parents?

    Where are you planning to relocate?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    May 2011
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    Las Vegas
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    Default Re: How Can I Regain Custody of My Daughter

    Her father still has custody and I have already relocated to Nevada

  4. #4
    Join Date
    Apr 2009
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    Default Re: How Can I Regain Custody of My Daughter

    And where is kiddo living? With Dad? It's important.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
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    May 2011
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    Default Re: How Can I Regain Custody of My Daughter

    With his parents. He hardly ever sees her.

    I have always picked her up from his parents when I am getting her for the summer...school breaks...ect.

  6. #6
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: How Can I Regain Custody of My Daughter

    OK. You can file to modify custody based upon the child no longer living with the custodial parent. HOWEVER - if child services were involved when you were in rehab etc., you may need to prove that you're now fit.

    You need to file where she lives. Check with the local court about appearing telephonically - many courts are allowing that. However, you should also prepare for the grandparents to file for custody too given that they have something akin to status quo on their side OR for Dad to suddenly reappear and fight your custody petition. If you can't appear telephonically you need to either hire an attorney to represent you in Ohio or reconsider your options.

    The bottom line is, I really think you need to do whatever it takes to hire an attorney in Ohio, because this could become a long expensive custody battle. I feel I must warn you of that. Plus, you're asking to relocate the child out of State. That in itself can be difficult.

    How old is your child, incidentally? Is it really in her best interest to be taken from what she knows as home, school, etc.,? I know it's a hard question to answer, but you must consider that.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  7. #7
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    May 2011
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    Las Vegas
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    Default Re: How Can I Regain Custody of My Daughter

    My daughter is 7. And yes I want my daughter more than anything but I wouldn't take her if it would cost her happiness. She wants to be with me and her little brother more than anything. Child services were never involved because I never let it get to a point where she wasn't being seen to by me but I was in fear that it was going to come to that so I asked my mother to step in and that is when he took custody.

    My daughter is wise beyond her years and even though I wish it weren't true it is so I have discussed what a change it would be for her and she has expressed many times that she was more than willing to get used to a new place and people if it meant being with me. She isn't happy where she is now. And I plan to do whatever it takes to get her here with me. By the way ...Thank you for responding so fast.

  8. #8
    Join Date
    Apr 2009
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    Default Re: How Can I Regain Custody of My Daughter

    OP, you really can't be discussing this with your daughter.

    That's really not a good idea. I don't care how mature you think she is - at her age, she is very likely going to tell you whatever it is she thinks you want to hear. She has NO concept of what relocating so far away actually means. None whatsoever. She's a 7 year old child - she's not 17.

    But by all means, speak with an attorney in Ohio. And please - don't involve your daughter in this like that. It's not good for her at all.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  9. #9
    Join Date
    May 2011
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    Las Vegas
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    Default Re: How Can I Regain Custody of My Daughter

    I didn't speak to my daughter about moving here. If you would have read the original note I posted you would've saw that her grandparents were allowing me to have her back after this school year was over. At that time I already lived almost 4 hours from her so her grandmother and I spoke to her about what a change it would be so we could make sure it was what she truly wanted.

    I would never ask my daughter if she wanted to move where I am now. Especially since I don't know if it'll even be possible. She wants to know why she isn't aloud to come now and all I said to her was that no matter where she was I loved her and her grandparents loved her so she should feel happy that so many people love her so much they wish to be with her all the time.

    Thank you for your advise.

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