Custody In Ohio

[justinnyoh]

Ive been involved in a custody battle since aug of 07 with the mother of are 2 children ages 5son,2daughter.We were not married, but have lived togeather for 6 years or so.
<p>
In july of 07 we seperated, me staying in the home that we resided in for 3 years,and her moving to her moms.With kids. We went to counseling for about a month trying to work things out.
<p>
In aug of 07 we were still trying to work things out.I then found a bag of weed in her purse while at the fair with are children.She said she was smokin and forgot it was in there.I gave her 2 options come home and lets work on are relationship,or i would find a attorney to seek custody.She decided to come home.Next day she brings all her and kids things back to are home,this was a friday.The following monday i go to work only to come home and find all her and the kids thing are gone.I immediately go to a attorney.Not knowing where they were ,i filed for a expartae temp custody order.It was granted next day.I then found out she was at a womens shelter,and went with police to get our children.We had a court date the following week because she didnt agree with temporary order.
.At hearing she asks for a continuance because of no attorney,and it was granted A hearing was scheduled a month away,in this time the children were with me for about 5weeks.Her visits during that time were supervised,every other weekend and on wednesday.She was able to talk to kids at least 2 times a day,but usually more.I signed our son up for school during this time.I brought son too and from school.Took kids to doctors,everthing i was supposed to do.I made sure to inform her of everything in their daily lives,before and after it was done.I even invited her parents to grandparents day at our sons school.
<p>
September 19 we go to court,judge dismisses my order for lack of paternity.I signed our sons bcertificate,but not our daughters.There was also a catch,seems are son was born within 300 days of her final divoce from her x husband.I have to turn over children to her.By the way she leaves shelter a couple days before the hearing.
<p>
My lawyer then files for a paternity order,it is granted.The very next day she files a restraining order on me,it was granted until court date.She claimed she had been abused for 6 years,and that i was a danger to children in her affidavit.In court her testimony was nowhere near any reason to give her restraing order.The case was dismissed and protection order vacated.In the mean time i did not hear from or see are children for 3weeks or more.Once restraining order lifted i immediately started to call her so i can talk to children.I also asked her when can i see them.This went on for another 3 weeks before she finaly let them come with me.
<p>
November 13 07 results back, im the dad.The very next day lawyer files expartae order for temp custody,based on drugs in the presence of children,also filing false restraining order,very little contact she was allowing ,and not knowing wher they were living.Among other things.Ex then didnt allow me to talk to kids for aweek after she knew i filed. December 13 07 court rules on expartae saying oral argument will be heard on jan 29 08.Refused to handle case via expartae.
<p>
Since sep 20 till present time i have had to ask on a weekly basis when i can have kids.She has limited my time with them to a minimum,some times going 2weeks without seeing them.She has limited the time i talk to them,sometimes going days without hearing from them.I call 2 times a day to talk to our children and leave messages when no answer.She has informed me of nothing pertaining to their daily lives.She has informed me of nothing pertaining to medical,school ,etc.I had to find out from are son that they now have a apartment.When i asked ex about this ,she said she didnt think it was important for me to know.When kids are with me x calls at least twice a day, and i always make sure they talk to her. I was excluded from halloween because i asked where they were living.Every time she gets mad the kids are kept from me.I was not allowed to talk or see are daughter on her b-day,called left messages but no reply.Everything is her way or no way.
<p>
My son is very confused,he seems to be resenting his mom.When its time for my visit,he expresses that he never wants to go back to mommies.He says he wants to be in his home with me and his sissy,but not mommy.I always comfort him,tell him how much i love him,and that everything is gonna be alright.Now ex has added a boyfriend to the mix,allowing him to stay over night while kids are there.
<p>
I have filed for sole custody from the begining.I reside in the same house that we have been in for 3 yrs,Children have own rooms.House is in the country with 56 acres.Ive worked at same job for past 3 yrs.My hours at work are 700am till 300pm 5 days a week.I have been sole provider for are family.Ex has not worked for 4 years or so,up until august 07. Ex residence is low income apartment with only 2 bedrooms,children sharing aroom.I beleive she is getting some type of public assistance.She works as a waitress and i beleive goes to school.Are children are being watched by her mom on a daily basis.Ive mentioned to her that i should be watching kids while she is working,but hasnt allowed me to.Before break up i picked are son up from school after work and went home to our family.Ex brought him to school at noon.
<p>
I feel that are children will be better suited to be in my custody, but her to remain 100 percent involved in childrens life.Are children need both of us equally,just as before break up.Ex doesnt seem to support that idea obviously.This has been very frustrating and exhausting.It has been a emotional rollercoaster for me ,and are children. I have a lawyer, but am lookin for some pointers. Is there any thing im not doing,are there any tips anyone can give me.Anything that can help my case.What kind of chance do i have.Do i have a good chance of getting the kids back since they have been with her for 3months or so.By the way i live in OHIO.Anything helps so inform please inform me. THANKS

[Mr. Knowitall]

On a case-by-case basis, an Ohio custody court will consider:

1. The wishes of the child’s parents regarding the child’s care;

2. the child’s wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, the wishes and concerns of the child, as expressed to the court;

3. The child’s interaction and interrelationship with the child’s parents, siblings, and any other person who may significantly affect the child’s best interest;

4. The child’s adjustment to the child’s home, school, and community;

5. The mental and physical health of all persons involved in the situation;

6. The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights;

7. Whether either parent has failed to make all child support payments;

8. Whether either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child;

9. Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent’s right to parenting time

10. Whether either parent has established a residence, or is planning to establish a residence, outside this state.

Ask your lawyer if it would help for you to go through each factor and make a list of facts which your lawyer can try to bring out a hearing. Your lawyer may believe that not all of the points should be raised, or that they're not all relevant, but it could help your lawyer organize the case.

[susiesnowflake]

You have a long road ahead of you but you do have a very good chance, may husband fought for 4 years and spent alot of money fighting his ex-girl friend she sounds just like your ex, after 4 years he finally got full custody of his son. Mother has been in and out of the childs life and is still causing lots of problems for the child after all this time, the child has been in counceling for years and has had many social problems because of the mother, she only wants to be a mother when its conveinent for her she has recently gotten married and now he contributes to the problem. The real problem is that the courts take years to resolve the issues they do give the mother every oppotunity to be a mom and keep the children but they do give them to the father too, its just a long process and in the end the child suffers, before the full custody there was a shared parenting order & that was a nigft mare, I guess that could work if both parents were tring to actually help the child, but when you have these mothers who just want to put the screws to the father when there really hurting the child there doing damage that will last a life time. We aso live in Ohio, take lots of notes, keep track of everything. Good luck.