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Is Custody Possible - Proof Issues

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  • 03-21-2009, 09:50 PM
    daddytj
    Is Custody Possible - Proof Issues
    My question involves a child custody case from the State of: OH

    Long but I'd appreciate any insight:

    ex and I broke up in 06 in Cincy Oh. Ex moved back home to Wi(family)

    By the time my bad lawyer had a magistrate issue a temp custody order it was months later and she did not force ex to move back.

    in 07 ex got pregnant by bf - had issues, I had daughter for 10 months or so of 07. Continued into 08 - daughter visisted ex 1-2 weeks when possible but not every month in 07, every month in 08.

    In Aug of 08 for daughters sake(to much driving) I moved to WI. I kept her every night, mother babysat m-f when I worked and 1 weekend a month kept her overnight.

    Last week mom comes to me, had broken up with old bf, had a new guy move in with her, said she was scared of him, he had threatened her and the kids - she wanted to move back to cincy(not as a couple, she would be seperate) I Set it all up, she comes to me a couple days before expected move and says - nm, bf is great guy, she loves him, doesnt want to move back. Same day I pick my daughter up and daughter says bf touched her.

    I call cps and file report - I take my daughter back to cincy oh - cleared with police depts - since technically our court papers say "I" have 1 week visitation with daughter a month. I will be filing temp custody papers on Monday.

    The problems

    1. The only "proof" I have that I've HAD my daughter truley this whole time is a notarized paper my ex signed that says I had her for 07(irs gave me hassle for filing for EIC). I did not have a problem filing for 08 and ex has not claimed daughter the last 2 years on taxes.

    Her dr appts were done in WI because ex has been on welfare for a few years and has medicare with it(since court papers say she is custodial parent I guess WI allowed her to keep med coverage).

    2. My daughter had said a few months ago that ex-bf had touched her - at the time I assummed she meant his son(my daughter is only 3 btw) because his son is a jr. I confronted my ex and she said no way but according to her she moved out(and back to her apt) after the incidents. I am angry at myself because when i just called CPS yesterday they are telling me of the signs to watch for - excessive itching or rubbing, unexplained bed wetting after potty trainining, rashes - saying she had to go to potty and not going to the potty etc. I should have went to the police the first time she said anything.

    3. The now ex-bf just received a disorderly conduct for harrassing her at her apt(She had my daughter at the time) - he also has extensive drug history, prositutes have come over his house(I can prove this with police reports) he has been in domestic alterations(knives involved) etc. She lived with him for 2-3 years.


    Is there any chance a court will give me temp custody and full custody? My whole problem is proving any of this. I am assuming CPS will do an investigation but it is very hard to investigate claims of a 3 year old.

    My ex could just go in and say I'm lying and SHE had custody - a notarized piece of paper is fine - but is it enough?

    I am obviously very concerned for my daughter - Any suggestions on what I can do to strengthen my case are helpful.

    At this time I have 0 expectations so no need for the info about how courts dont favor dads and ex-bf's criminal records don't really help - I know all of it, believe me the first custody battle I found out a lot about how bias courts can still be.

    Thanks for any responses and thanks for reading
  • 03-24-2009, 06:42 AM
    aaron
    Re: Is Custody Possible - Proof Issues
    At this point, at least in my opinion, you need a lawyer.
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