Getting Custody of a Child and Stepchild

I have a son (4) and a stepson (2). I was never married to the mother. I currently reside in the state of Ohio. She currently resides in the state of Wisconsin.

In early 2009 I left her and began dating the woman who is now my fiance. She lived with my mother from 2006-2010. In October 2010, she moved into a hotel with her sex-offender boyfriend, and asked me to care for the children. From October 2010 until late February 2010, the children resided with me.

Around this time, she took the kids to Wisconsin and I was falsely reported to CPS for a dirty home. These charges were later verified as unsubstantiated.

We went to custody court. She won. Although the judge did agree that she didn't take good care of he children, he didn't want to split up brothers.
She lived in Wisconsin with them until last week.

She let the children visit me once for two weeks in Ohio about a month ago.

About a week ago, she called me and told me that she couldn't care for the kids; that she had to get herself stable. She was living with her new boyfriend, and had the children living with her cousin, her cousin's girlfriend, another adult friend, and at least three children.
She told me that she didn't think her cousin's house was a good environment for them, and that she didn't have room at the residence where she currently resides.

I later found out that they really can't stay with her not due to space issues, but rather because her new boyfriend is also a sex offender. He was charged with Second Degree Sexual Assault on a Child in 2007. I am currently talking to Ohio Job and Family Services to try and sort this out. I have no way of getting any form of medical care, daycare, or counseling for my children. I do not have money for a lawyer. She was going to sign over temporary custody, bu has since changed her mind. She said she is considering temporary guardianship, but refuses to talk to me about the issue.

Currently, my children are legal residents of Wisconsin, bu reside in the state of Ohio. I can't take them to the doctor. They are at work with me all day because I can't get daycare or preschool for them. Please tell me what I can do in a situation like this. After they are in Ohio for a certain length of time, do they become legal residents of ohio? How can I remedy this situation? Sorry for such a long post, but I really do need some help.

I believe that the length of time is 6 months. How long has it been?

But if I were you, I would file in Wisconsin for emergency custody; stating that mom isn't around, pawning children off with non-relatives/relatives; residing with sex offender, unstability, etc.

What about the father of the child that isn't yours? Is he around?

If not, maybe you'd be able to get temporary guardianship of that child 1) to keep the children together and 2) give both children stability.... it's about the children after all.

Hopefully someone else can give you more info, but that is my opinion.

Where is step-son's father?

Mrs Higgins: The children are 2 and 4; keeping them together is not going to be that big of an issue. If they were 12 and 14? Absolutely. But 2 & 4? Not so much.

Thank you so much. It will be hard to get there to file for temporary emergency, because it is an expensive trip. Also, last time I filed for emergency (for the same reasons) (plus abuse and neglect) I was denied outright.

Problem is that I am a convicted felon, and this would make it very difficult for me to get my children.

On the other hand, I want to say that if I could not legally have my children, they might be better off in state custody. The last time i went to court I had hundreds of pages of documentation, from pictures of bruises, the sex offender (which she admitted to), pictures of them coming home filthy after visiting her.

I was convicted of aggravated assault, after she threatened to take my child away one night (before i got alcohol treatment). I was denied custody in court because she falsely accused me of beating my fiance. I have been through so much treatment since then, and the kids were always taken care of when they lived with me, and I would never harm my fiance. But, the judge believed her, and said he didn't want to split the kids, and gave her custody. She was checked by the sheriff once she moved to Wisconsin once. Boys were checked for bruises, and made sure food was in the refrigerator, and they were left alone after that.

Now, her cousin apparently kicked her out of the house (which is why the boys were there alone) for doing the same things to her cousin that she did to me when the boys lived with me. Going out and partying all the time; lying about work hours to get out of watching the kids, and paying more attention to her boyfriends than her kids.

Thus, I don't even know if going for custody would be intelligent. If I lost, she would probably never give me access to my kids again. Also, I told her that at this junction I am not worried about custody, that I am more worried about their safety.

Thanks for the help. I will keep this in mind if she stretches out this "temporary" thing too long. I am at a loss here.

You also have to understand that you have no legal rights to your step-son; legally he's not your child.

You need an attorney. Your criminal history may weight heavily on the situation.

Thanks. I'm aware of that and I know there are consequences to my stupid actions. I am just really worried about the kids and how to deal with it. Thanks for your honesty.

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Quoting papa1989

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Thanks. I'm aware of that and I know there are consequences to my stupid actions. I am just really worried about the kids and how to deal with it. Thanks for your honesty.

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I do love that you're so concerned for the welfare of the kids and it shows that you're not concerned about biology. Honestly, I do think it's great.

But your history and - unfortunately - the other matters may present a problem. Please, do whatever it takes to talk to a local attorney.

Good luck!

Thanks. I really don't care about biology. I love them both so much. I think I will try to find an attorney that at least has free consultation. Then he may at least be able to lead me in the right direction.

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Quoting Dogmatique

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Where is step-son's father?

Mrs Higgins: The children are 2 and 4; keeping them together is not going to be that big of an issue. If they were 12 and 14? Absolutely. But 2 & 4? Not so much.

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I simply stated that so when he tells the court why he wants them there, the judge may look at him sympathetically.... will it work? I don't know, but it's worth a try.

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Quoting mrshiggins

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I simply stated that so when he tells the court why he wants them there, the judge may look at him sympathetically.... will it work? I don't know, but it's worth a try.

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This is a two year old and a four year old. Unless you can provide case law supporting your statement, you're giving the OP dangerously false hope. You also seem to be ignoring OP's very significant criminal history.

He has no legal standing whatsoever to take custody of this two year old step-child. Do you have case-law to support your idea? This is about the law - and legally, the judge CANNOT deviate from State guidelines without a darned good reason.

I am yet to come across one single case in OP's state where a stepparent has successfully been able to obtain custody of a 2 year old stepchild based upon the premise of not wanting to separate siblings.