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  1. #1
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    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.

  2. #2
    Join Date
    May 2011
    Location
    Las Vegas
    Posts
    5

    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.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    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.

  4. #4
    Join Date
    May 2011
    Location
    Las Vegas
    Posts
    5

    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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