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  1. #1
    Join Date
    Dec 2013
    Location
    Lake County Ohio
    Posts
    18

    Exclamation Non-Custodial Mother Now Wants Shared Custody

    My question involves a child custody case from the State of: Ohio
    The mother lost full custody in 2009 because of a combination of things. She had no lawyer, she took 4 drug tests and failed one, judge seemed to discriminate her based on her sexuality. She didn't provide herself with a defense. The oldest son told the judge that he wanted to live with his father. The other two kids didn't say anything. Their ages were 8, 10 and 12. The mother does not use drugs and has a home big enough to suit her children. Does she have a chance of winning shared custody?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: A Mother Lost Full Custody 4 Years Ago and Now Wants Shared Custody

    It's a bit late for her to decide to be a great parent. Unfortunately for her, her past actions have had dire consequences. That's how it goes.

    When it comes to modifying custody there is a two pronged approach.

    First she must convince the court that there has been a substantial change of circumstances, usually pertaining to the children.

    If she can do that, then she must prove that modifying the current order is in the best interests of the children.

    So. Why would this be in the best interest of the children?

    As an aside, what is the current parenting plan?

  3. #3
    Join Date
    Dec 2013
    Location
    Lake County Ohio
    Posts
    18

    Default Re: A Mother Lost Full Custody 4 Years Ago and Now Wants Shared Custody

    She only sees them every other weekend and on Wednesday's. Her youngest son failed the sixth grade last year and is on track to fail again. The father has not done anything to help the child and refuses to let the mother help. The father is very controlling and breaks the visitation order often.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: A Mother Lost Full Custody 4 Years Ago and Now Wants Shared Custody

    Did the child suddenly drop from an A to an F? Or has he always been a bit up an down? There is a reason I'm asking.

  5. #5
    Join Date
    Dec 2013
    Location
    Lake County Ohio
    Posts
    18

    Default Re: A Mother Lost Full Custody 4 Years Ago and Now Wants Shared Custody

    He never had failing grades until the last two years.it started when the father got evicted and moved them into the girl's house that he just started dating.

  6. #6

    Default Re: A Mother Lost Full Custody 4 Years Ago and Now Wants Shared Custody

    Quote Quoting amontavon79
    View Post
    The father is very controlling and breaks the visitation order often.
    How many times has mom gone to the court about contempt of the visitation order?

  7. #7
    Join Date
    Dec 2013
    Location
    Lake County Ohio
    Posts
    18

    Default Re: A Mother Lost Full Custody 4 Years Ago and Now Wants Shared Custody

    She has every incident documented and also has witnesses. She hasn't been able to afford going to court. Only one contempt of court charge made it to the courtroom.

  8. #8
    Join Date
    Feb 2011
    Location
    Virginia
    Posts
    604

    Default Re: A Mother Lost Full Custody 4 Years Ago and Now Wants Shared Custody

    Quote Quoting amontavon79
    View Post
    She only sees them every other weekend and on Wednesday's. Her youngest son failed the sixth grade last year and is on track to fail again. The father has not done anything to help the child and refuses to let the mother help. The father is very controlling and breaks the visitation order often.
    Mom has time on Wednesdays and weekends. If she is doing NOTHING to help the child do better in school, that's on her. She can't blame dad for what she doesn't do on her time. If she wants to make the case that custody should be changed because the child is failing in school, she needs to show how living with her is going to make that different.


    Sounds like dad's got some issues. Sounds like moms issues are part of the recent past. A judge is not going to change custody unless he can see some evidence that changing it will help solve the problems the child is having.

  9. #9
    Join Date
    Dec 2013
    Location
    Lake County Ohio
    Posts
    18

    Default Re: A Mother Lost Full Custody 4 Years Ago and Now Wants Shared Custody

    Dad is not involved with any of the 3 kids schools. He has no idea what they need to succeed. Mom offered to tutor the child that is failing But dad said the child has to learn on his own. She can't see the kids as often as she needs to be around to help out. She is trying to do as much as possible with the time she has with the kids.

  10. #10
    Join Date
    Feb 2011
    Location
    Virginia
    Posts
    604

    Default Re: A Mother Lost Full Custody 4 Years Ago and Now Wants Shared Custody

    Do the teachers know her? Does she have regular contact with them? What does she do with him during her time? She can take him to a tutor during her time if she wants to.

    The other children are doing okay in school?

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