No Court Papers, Husband Took Kid, No Medicine

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

Well my previous question of emergency hearing did not go well and now I am in need of some serious advice. Husband had a friend hide in the woods behind our house(husband hasn't lived here in 2.5 yrs). I went outback to say bye to my mom and dad while 5 yr old son was on couch(backs to patio). husband was alerted by cellphone and husband grabbed son from house and took off. Husband told police that there are no court orders and he has medicine for child. Husband does not have medicine for child as I have a tape recorded conversation this evening about him wanting to come over and get it as he does not have any of his medicine. Due to domestic violence, I will not allow my husband near me unless a sheriff is present. Sheriff is aware of husbands drug addiction as he said that my husband still looks like he is only 90 lbs and 90 years old, but unfortunately, cannot intervene...needs court papers. My husbands sisters and nieces even came over to talk to the officer to plead for my sons safe return to me. My son is a major asthmatic with many many hospitalizations in the intensive care unit and my husband not only does not have medication for him, he also smokes in the house and has a dog that my son is extremely allergic to. I will not even take him anywhere that has a dog. What are my options at this point to get my son back. I have videotape of my husband overdosing in court, but that was from 2 years ago. My husband also has a brain injury from the accident he was in while he was under the influence, but that was also about 2 years ago. He has not seen the child in almost 5 months and the same sheriff tonight told him 4 months ago how to go through the court channels to see his son. I am really in need of some advice as to how to protect my child ASAP. I don't have much money as my attorney charged $4280 and has not even filed a restraining order on my behalf after being retained around April(I only have $720 left of retainer and need to go elsewhere at this point). I also have a tape recorded conversation where he admitted to leaving 3 knots in the back of my head from throwing objects at me. This is all I can prove though. Any suggestions? Thanks. Oh, and I just pieced together what happened this afternoon as my neighbors witnessed a person in the woods and looking at my house and jumping on phone.

So...your husband requested the medication but you wouldn't let him come and get it?

That's not going to look good in court unless you have a restraining order.

In fact, it could be seen as you endangering the welfare of your child.

Have either of you filed for custody yet?

The sheriff took me over to his house to administer the medication. My husband declined and told the sheriff that he has medicine. Why does it seem that everyone is against me on these boards. Think about the child with a drug addicted, brain injured father who just got off of probation. I'm asking if there is anything I can do to get this child back in my custody and get him his medicine. Yeah,there is no restraining order, but as I write this, I am scared out of my mind of this man and cannot have him anywhere near me. Trust me, it never ends good for me.

Doesn't that look bad on the father to snatch the kid from his home knowing that he doesn't have medication for the child? He knows his child is a major asthmatic and brings him to his house with a dog and smoke without even benadryl there. He also said that he wants to take him out till next year or he will call him in sick next week. He already started school.

This is not about who is against you or for you (in fact it's not really about you at all).

The people who respond tend to be pro-kid, not anti-"whichever parent". That's a simplistic view, but it's the truth :)

So, file for divorce, request temporary custody of the child. You don't need an attorney for this; simply call the court house and they will tell you which forms you need. There will be a filing fee but if your income is low enough you may be able to get that waived.

I have to ask - why haven't you been able to file for a restraining order yourself? The forms are very easy to fill out, and you don't need an attorney.

As far as the child's medicine - really simple. Pack some medicine. Take it to Dad's. Knock on door, turn right back around and get back in your car. Heck, if you're generally afraid for yourself, you don't even have to do that. Pack some in a box and mail it to Dad's address, overnight.

Until there is a court order stating otherwise, the man you chose to marry and have the child with has every bit of legal access to the child that you do. If you've got an arguement that he's a danger to the child, you seek a restraining order. THAT is what sheriff's deputies, who are officers of the COURT can act upon. Then, you file for divorce and seek primary custody. You could even ask for supervised visitation, if you're prepared to show the court that the child isn't receiving his meds when with dad. So long as you both stay married to him and don't get a restraining order, that will be seen as your approval of your husband's parenting and effectively ties the hands of those you keep turning to for assistance.

Assuming this is Hamilton County, downloadable forms can be found here.

If you have already filed for divorce and custody, why not seek a temporary order governing custody and visitation? (A temporary order lasts until the court issues a permanent order; it's not an emergency order.)

Just updating. I called an attorney on Sunday. He met with me same day and filed emergency hearing on Monday. Judge granted it based on sheriff stating he suspects my husband was on drugs and that husband declined childs Life saving medication. My son was back in my custody that same day. Husband did not take child to school or call him in sick on Monday. I just wish that I found this attorney 5 months ago as in just 24 hours, I have restraining orders, exclusive rights to the home, and most importantly, my son. No more worrying about my husband taking and driving with my son or in the woods stalking us and nothing I can do about it. My previous attorney is getting a complaint about gross negligence.

Do you understand that a temporary order is only that?

Temporary?

Expect Dad to fight this tooth and nail.

Hi, I am sorry this happened to you. I, too, had my daughter kidnapped BUT I even had court papers - granting me sole physical custody, and my ex only recently was released of supervised visits. I couldn't do anything. No one helped me - especially the police. NO ONE ENFORCED MY COURT ORDER. My ex, according to cops, needed to file an exparte motion for emergency custody, never did for 21 days! They at first said if he didn't they would get my daughter, never did. Don't believe anyone about anything until you have a permanant order and ppo.

BTW - from the way it sounds, your ex can't afford to fight you. And you should expect to win from what I read. I would not hand out this advice if I had not experienced a similar situation. No matter what, don't settle. Make sure your son is safe.

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Quoting karmic

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Hi, I am sorry this happened to you. I, too, had my daughter kidnapped BUT I even had court papers - granting me sole physical custody, and my ex only recently was released of supervised visits. I couldn't do anything. No one helped me - especially the police. NO ONE ENFORCED MY COURT ORDER. My ex, according to cops, needed to file an exparte motion for emergency custody, never did for 21 days! They at first said if he didn't they would get my daughter, never did. Don't believe anyone about anything until you have a permanant order and ppo.

BTW - from the way it sounds, your ex can't afford to fight you. And you should expect to win from what I read. I would not hand out this advice if I had not experienced a similar situation. No matter what, don't settle. Make sure your son is safe.

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I'm sorry, but where are you getting that kidnapping is even vaguely relevant to this situation?

There were no court orders - there was no kidnapping.