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  1. #1

    Default How to Take Away the Other Parent's Visitation or Parental Rights

    My question involves a Hello,

    I am a single mother to a 4 year old.

    I have been residing in Hillsborough County, NH since December 2010.
    I am relocating to Lake County, Ohio on November 4th 2013, and I have a few questions for you all.

    Prior to living in Hillsborough County, NH, I was in Duval County, FL from January 2010 until December 2010, and prior to living in Duval County, FL, I resided with the father to my child from April 2009 until January 2010 in Lee County, FL.

    The child in question was born in Lee County, FL in June 2009. Her father and I were never married, and he did sign an affidavit of paternity, but it did not include any DNA stuff, because we know he is the father.

    I left her father in January 2010 because he was abusive, physically, mentally, emotionally, and sometimes sexually. The most I have to back up said abuse is reports from Fort Myers Police Department marked as "breach of peace".

    So with that given history, I have a few questions:

    The first is:

    1. How do I apply for sole custody in Ohio?

    I'm told by friends that Ohio does everything for you. I'm not sure how true this is, but In NH, I applied for child custody & support and went through the court process there.

    I was responsible for servicing the other party involved. I had to service via sheriff. I went through the initial first appearance, child impact seminar, pre-trial conference, got an ex-parte order which granted me sole custody until the final hearing due to threats that were being made, and then ultimately the final hearing. At the pre-trial conference and the final-hearing, the other party was there telephonically. He was made aware of the intentions to relocate to Ohio and did not object. The judge also did not object.

    At the final hearing, the judge in NH decided that since I was relocating to Ohio, an order of support was not enforceable in Ohio, just as an order with custody was not enforceable in Ohio, and that I would need to re-apply for custody there and that everything was null and void.

    When I moved home from Duval County, FL to Hillsborough County, NH in December 2010, he was made aware of the location, and our intent to move. He did not fight this.

    In January 2011, my mother made he and I come to an agreement as to child support. The agreement was $250 every two weeks. This was based on income, in NH Child Support Calculator and FL Child Support Calculator.

    In New Hampshire, they call this mediation, or an agreement made with a third party notary, signed by both parties, and followed. It is the step before taking things to court. He agreed and abided by this agreement from January 2011 to December 2012.

    In December 2012, he voluntarily quit his job, moved to Clark County, NV to be with a girl he met online, and told me in January 2013 to file with the NH Courts to let the judge decide on what is fair. And I did just that...

    I can not find any information out on Lake County's website on how to apply for sole custody.

    I know that since I've applied for assistance, that the county will automatically involve child support enforcement to get that process started.

    I am unsure again, how it works in Ohio, but in NH, New Hampshire Child Support Enforcement only gets involved on an active child support order through the courts, not when you apply for assistance.

    I have applied for assistance today, 10/27/2013. They will process my application tomorrow, 10/28/2013 and I understand they have up to 30 days to do so.



    2. Is there a way to apply for termination of parental rights on the grounds of abandonment without a lawyer or do I need a lawyer? Do I have enough evidence to file this?


    He has not seen his child since June 2011.

    He will argue that in June 2012, he had the time off from work, but his father died (understandable) but we made efforts to contact him when we were in Atlanta visiting for Labor Day Weekend (again, he knew weeks in advance) and told him to take the $250 and get a round trip Greyhound Ticket from Lee County, FL to Atlanta, GA and back to spend time with his daughter. He made no effort.

    Again, same situation with 2013. We informed him in November 2012, prior to his relocating to Clark County, NV that we were going to Disney for his daughters birthday, offered him to stay in our room free of charge to spend time and celebrate with his daughter. Re-reminded him in March 2013, April 2013 and in May 2013. He promised his daughter he would be there for July 24th through 30th and he never showed up. She was devastated.

    He stopped paying child support to me from our mutual agreement in December 2012. So, he has not seen his child in 2 years and 4 months. He has not paid support in 10 months and 3 days. He has had limited phone contact with her. He essentially abandoned her.

    I am more than capable of supporting her without his money, and for him, its all about controlling me. He has a past history of abuse, physical, sexual, emotional and mental towards me, and the child. None of it was ever reported, police reports exist but they are marked as "breach of peace" because no domestic violence charges were ever filed. I never filed them because I was fearful of my life.

    3. How do I obtain a domestic violence restraining order?

    He has a past history of abuse, and has been making threats via his girlfriend and Skype conversations for over a month. I've had enough. He has said "I will see to it you have your *** kicked" and I am sick and tired of living in fear for my life, or my daughters life.

    4. Do I need to file an ex-parte order for temporary sole custody until final custody is given to me via courts to prevent kidnapping?

    In NH, I had to file this to prevent him from coming and taking his child, without an order being existent. It is called "kidnapping" but the state of NH said with no order actively being enforced he could remove her at any time, and I am fearful of this,as he has threatened many times to do just that. MY daughter has special needs, and so removing her from her home, familiar environment and support system poses direct harm to her.


    5. How much are lawyer fees for this sort of interstate case generally?


    I am assuming I need a lawyer because this case is interstate, and I would much rather prefer a lawyer who is experienced and can help me, and work with me as far as payment plans, than to go at it on my own. I am fearful of this man, and so having a lawyer makes me feel much more protected if that makes sense?

    Thank you very much for answering my questions.child custody case from the State of: Ohio, New Hampshire, Nevada, Florida

  2. #2
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    Default Re: - Ohio

    1. You'll need to get the appropriate forms and file them yourself if you don't have an attorney.

    2. You have absolutely no chance of getting his rights terminated - if only because you're on state aid.

    3. All you can do is file - the court will decide whether there's enough grounds for a restraining order.

    4. If he's intent on taking the child, a piece of paper won't do anything. An ex parte is generally reserved for emergencies and I can see no such emergency.

    5. Attorney fees and court costs can vary so greatly depending on the circumstances. I know of at least a dozen parents who have ended up spending in excess of $15,000 during a contested custody battle.

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