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  1. #1
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    Sep 2017
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    Default What Happens at a Hearing for Emergency Change of Custody

    My question involves a child custody case from the State of: Ohio
    My childs mother went to prison for a few months. I filed for emergency custody but was denied because he was already being taken care of where they had resided, so they basically said it wasn't enough of an emergency to get him that day. They did however grant me an emergency custody hearing. Her mother went the next day, with a lawyer, and got approved for emergency custody. Now I have this court hearing coming up because they said it wouldn't be cancelled even if other circumstances arose, like her mother getting custody of him. What should I know before I attend this hearing and how do I win custody of my son without an attorney? Also, both his mother and I have been addicts but I've turned my life around, am married with stepchildren and a good paying job now.

  2. #2
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    Default Re: Custody of My Son

    Quote Quoting Daddy38
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    My question involves a child custody case from the State of: Ohio
    My childs mother went to prison for a few months. I filed for emergency custody but was denied because he was already being taken care of where they had resided, so they basically said it wasn't enough of an emergency to get him that day. They did however grant me an emergency custody hearing. Her mother went the next day, with a lawyer, and got approved for emergency custody. Now I have this court hearing coming up because they said it wouldn't be cancelled even if other circumstances arose, like her mother getting custody of him. What should I know before I attend this hearing and how do I win custody of my son without an attorney? Also, both his mother and I have been addicts but I've turned my life around, am married with stepchildren and a good paying job now.
    How long is mom supposed to be in jail? How far away do you live from their current community? How much time have you spend with the child in the last few years?

  3. #3
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    Default Re: What Happens at a Hearing for Emergency Change of Custody

    His mother will be in prison for a few months. I'll be the first to admit I haven't been nearly as involved as I would have liked to have been but that's because i live about 2.5 hours or so away from them. My son was in the custody of his mother who was living at a Christian based halfway home for single mothers and they refused to let me bring him to my house let alone keep him overnight because they were responsible for her and my son through the courts. I was never informed when she was incarcerated, I had to find out for myself when I wasn't getting any replies after asking how my son was doing. I didn't find out until 4 days later and her mother already had an attorney. The custody hearing is against my childs mother and the home she had been residing at because when I filed for emergency custody she was in jail and my son was left in the custody of the halfway home. I didn't know that they weren't trying to keep him until she got out so therefore, since as far as we knew, he was being cared for at a place the courts are familiar with, they didn't consider it enough of an emergency to give me emergency custody. They granted me a custody hearing though. However, the next day, her mother who knew the home he was in couldn't keep him, went with her attorney and was granted emergency custody. Now I have this hearing against my son's mother and the Christian based home whom neither even have custody anymore. I can't afford an attorney right now as I'm already paying all the court fees and what not but am desperate for some answers on what to expect and how to go about getting my son or at least some sort of visitations with him where he can come to my house. Now that he's with her mother she says I can see him whenever I want but every time I am able to make the trip there she says they are busy or she has plans and he'll be with a sitter so it never works out.

    I'd obviously have a good chance at getting him from her or the home they resided at since neither have custody of him anymore. However, I'm curious as to whether or not her mom's reasons can play in if she isn't one of the people listed in this particular hearing, but is now the person who has custody of my son? The only things she had over me before was the fact that I've done some pretty stupid things (like drugs), had no job and hadn't paid any expenses for him. Now, if that's brought up, I'm going to try to fight that with the fact that yes, I've made mistakes but have turned my life around drastically in just a few shirt months, have a great paying job now and am starting to pay child support. Also, the reason I've not been financially responsible for him and am behind on my child support order is because paternity had to be established and then an order enforced. The child support order was just enforced a few months ago but right after I lost my job do to my car blowing up. I had to buy a car and get caught up on bills whenever I started working again (everyone goes through tough times) but I am going to make a payment to child support today and have already budgeted a payment in for every week following today.
    One more question, shouldn't I have got some sort of petition or at least been notified that her mother applied for and was granted emergency custody of my son?

  4. #4
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    Default Re: What Happens at a Hearing for Emergency Change of Custody

    How old is the child?

  5. #5
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    Default Re: What Happens at a Hearing for Emergency Change of Custody

    He will be 1 next week.

  6. #6
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    Default Re: What Happens at a Hearing for Emergency Change of Custody

    And what exactly are you trying to accomplish? Permanent custody? Custody just while mom is in jail? What is your end goal?

  7. #7
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    Default Re: What Happens at a Hearing for Emergency Change of Custody

    Well I'd love to have permanent custody, but I'll take whatever I can get, even if it's just weekend visitations.
    It feels like I have no rights to my child. Wasn't even informed that he was in the custody of someone else when his mom got sent to jail. Then, after being denied emergency custody, wasn't informed that his maternal grandmother was granted it. Even though I have a past I feel like I should have a chance to prove myself and raise my son considering his mother is in prison. She lived in a halfway house and had numerous mess ups while our son was in her custody yet still never got him taken away, so why is it so hard to at least have the opportunity being his father?

  8. #8
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    Default Re: What Happens at a Hearing for Emergency Change of Custody

    Quote Quoting Daddy38
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    Well I'd love to have permanent custody, but I'll take whatever I can get, even if it's just weekend visitations.
    It feels like I have no rights to my child. Wasn't even informed that he was in the custody of someone else when his mom got sent to jail. Then, after being denied emergency custody, wasn't informed that his maternal grandmother was granted it. Even though I have a past I feel like I should have a chance to prove myself and raise my son considering his mother is in prison. She lived in a halfway house and had numerous mess ups while our son was in her custody yet still never got him taken away, so why is it so hard to at least have the opportunity being his father?
    The former likely explains the latter ...

    Have you never gone to court to establish enforceable visitation? If not, why not?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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