Need advice about Custody (Ohio)

Xiaoling - posted on 06/23/2011

poor mom!! but first of all did you really have full custody of the kids with papers??if you do nothing to be afraid of, the law is always with people who has the right,If for the past 5 years you have shown a good example to the kids and no mistakes has been seen, just stay cool and stand straight because no one can touch you, if he threaten you just report him to the sheriff, but do not stop the kids from seeing him because that's their rights.make sure you remind them that that's their's father and not to be rude,as that will be the bad impact for you if they are not brought out the right ways.....God bless you girl..stay strong!!!

Karri - posted on 06/12/2011

I live in Ohio and if it is in the court order that you have full physical and legal custody and there is NOT a visitation schedule or visitation agreement IN THE divorce decree HE COULD be charged with kidnapping if he takes the children from school, or any other public place or comes to your residence and picks them up! Carry that decree everywhere you go! I do! Give a copy of the custody orders to the childrens schools, daycares and your local law enforcement agency.

Jean - posted on 04/15/2011

Do not let your kids go with this loser.If you have full custody keep your babies safe from this daddy wanna be. Check with your area about the statute of limitations. If he has not had any contact with these kids in five years then he could lose all rights to the kids.

Christina - posted on 04/13/2011

The schools usually keep a copy of the custody orders so they know what the visitation schedule is supposed to be (when they should call you if he tries to pick them up) and if the police need to be called. I've always made sure sitters etc. read over it, too. So they are never on the spot if something comes up. Great job! You're quick! Way to go! If they are afraid, tell the attorney and ask what it takes to move visitation to supervised, by you, in public. It can happen - I've seen it happen. that's stressing the children - courts don't like that.

Amanda - posted on 04/13/2011

Thanks soooo much for all the input...I have already contacted my attorney and he put my mind at ease :) I will def. go to my children's school to let them know of the situation and make sure my children talk with the school counslor...My ex has already mentioned this to the kids so they are already scared of the situtation and I've done my best to comfort their fears, so I also plan on getting some outside counselling to help my children as well!

K. - posted on 04/12/2011

PS remind the ex, he may have a new wife that shares his name but like you, she could divorce his butt and never look back. However, his children will always be his children. Beings as you are their sole provider he needs to watch what he does and say to you because they are watching. The relationship he has with them will be determined by the level of repsect he has for you. And if he is behind in support payments as you say, find out what steps you have to take to lock his behind up. Your children have a RIGHT to be taken care of properly by the best of your and your husbands ability. The are entitled to their support, you NEED their support and you were awarded support. You are not punishing him by getting what the courts have ordered your children. If it were you that owed and not him, the police would already be at your door. Again, good luck and stay encouraged!

K. - posted on 04/12/2011

You can relax. He can't just TAKE your children. You have a custody agreement in place for a reason. If he takes your children for normal visitation and doesn't bring them back, call the police. Whatever you do, don't alarm your children. Don't tell them what he has told you he plans to do, if you do, they may become afraid and may not want to go with him. I would get my children a prepaid phone (if they are old enough to dial a phone.) You don't want to violate your own custody agreement. He may want full custody to keep from paying child support. Get you a lawyer. Continue to be civil, document any inappropriate behavior, late night phone calls, threats, missed child support payments. Whenever he picks up his children from your home, have a witness present. If anyone who has witnessed any poor behavior on his behalf, ask them to write a letter and have it notarized. Get letters from teachers and activities leaders (cheerleader, baseball or football coaches) Keep your custody papers handy and stay calm, you don't want him to have anything to use against you, should actually take you back to court (which I doubt). We (as mothers) have a tendency to keep everything to ourselves, don't do that in this case. Tell other parents, teachers and such you know that interact with your children regularly, that way they will be on alert, should your ex decide to take the children from school or any of their activities. Lastly, google or bing the laws regarding custody in OHIO. Good Luck.

Hannah - posted on 04/12/2011

First - take a really really deep breath. calm down.
Second - get a journal if you haven't been documenting things already, start documenting now! document money, times he calls, sends letters, visits, things he says, etc. you can never have too much documentation.

Courts rarely like to change the status quo of a situation without reason. Unless you have had the children taken away by DCSS, or a recent arrest, there would be very little reason for the courts to suddenly change the status quo - aka give him full custody. IF he files with the courts, they MAY give him some custody, or more visitation, but if you have documentation showing his general abondonement of the children, he is less likely to get anything.

Christina - posted on 04/11/2011

1. Do you have a record of him saying he wants to take the kids?
2. Talk to an attorney about an "emergency custody order" and what you need to get that NOW
3. In some states, depending on the age of your children, you have a right to let them stay home if they don't want to go
4. Yes, I believe he has to file with the court - otherwise it is kidnapping as I understand it
5. If you can go back to court - and want to - you could use all the examples above to get your orders changed, too
6. Under involvement and failure to exercise visitation has value in some situations - a lawyer - get a GREAT one. There is no reason to cheap on the front end and lose in the end.
7. If he is truly behind on support, he technically is liable for jail time if you can prove it and the support agency is aware of it I'm pretty sure
Here, read these two things:
(2) Any parent who is granted parenting time rights under a parenting time order or decree issued pursuant to section 3109.051 or 3109.12 of the Revised Code, any person who is granted visitation rights under a visitation order or decree issued pursuant to section 3109.051, 3109.11, or 3109.12 of the Revised Code or pursuant to any other provision of the Revised Code, or any other person who is subject to any parenting time or visitation order or decree, may initiate a contempt action for a failure to comply with, or an interference with, the order or decree.
http://codes.ohio.gov/orc/2705.031