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  1. #1

    Default Mother Does Not Follow the Custody Order

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

    My Kids mother refuses to follow the custody order. I won my second custody battle in Oct 2011, since then my children's mother has not taken my son to visit with her. She does take our daughter for wed night visits and every other weekend. Their mother is supposed to take the children for her summer visit also.
    In the summer of 2012 their mother made up her own visitation time, She only took her from July 6th through the 20th 2012. That date was written in a letter and signed by her and I. Also in the custody order in which she made a deal with the courts to pay a lower amount $200.00 instead of the original $525.00, was a deviant agreement which states that she would pay half of any needs or extra circular activities for the children as they a rise. In January of 2012 I told her I set up for the kids to take swimming lessons at the local "Y". In a text message I told her that HER half was $45.00, in a return text message she replied "I have to ask if it is ok" (meaning her new husband). She never paid or contributed anything to that program, she has also refused to buy clothes or add the children to her medical insurance, or even as simple as buying school supplies. What I want to know is 1.) Do I still have to honor the summer visitation (full summer) since she did not take them for the full summer, is she in contempt even with the letter she wrote? 2.) I also want to move out of state which was written into my custody papers, will I have to honor schedule "B" , or just give her two weeks.. Anything that has to do with our kids involves the advise of her boyfriends or husband, she will not make any decisions on her own. During both custody battles she never did what her attorneys told her to do so they dropped her.
    Where do I stand with this mess? Also our Family court system is in bad shape, they don't open until 10:30 am and they close at 4:00 pm and are closed on rotating Fridays, I tried to call on March 18th and a recording came on and said family court will be closed until April 8th, and will not talk to you even though they say if you can't settle the problem contact us for help...

    Any advise will be helpful, I 'd get a attorney but I only work part time which barely pays our bills.

    Thank you.

  2. #2
    Join Date
    Jan 2006
    Posts
    27,083

    Default Re: Mother Does Not Follow the Custody Order

    sorry to say but the other parent does not have to exercise their visitation time. The visitation order is time you must allow the other parent to take the children but if they do not exercise their time, it is not a violation of the order.

    1.) Do I still have to honor the summer visitation (full summer) since she did not take them for the full summer, is she in contempt even with the letter she wrote?
    You have to honor whatever the court order gives you.

    2.) I also want to move out of state which was written into my custody papers, will I have to honor schedule "B" , or just give her two weeks..
    You will have to comply with the rules within your visitation order.


    If the mother fails to exercise her time, enough, you could try to seek a modification of the order to change it to something that more closely resembles what she is exercising. No guarantees though.

    as to the various money issues: what is in the order controls. If she fails to comply, that is one issue you can get the courts to address and order her to make payment. If it was a side agreement, it is up to you to enforce it through the civil courts. The family court is not going to enforce a side agreement.

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