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  1. #1
    Kait8888888 is offline Junior Member
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    Child Services Records

    Ohio

    My husband currently has emergency custody of my stepson. While they were utilizing out of state rule 19 and he was with his mom, child services was call on her due to drug use while pregnant along with other things. We are not able to get access to the records and our custody court battle begins in early Novermber. Is there anyway he can request for a judge to have those records for the trial as they will greatly aid in our case?
    Last edited by Kait8888888; 09-21-2009 at 02:41 PM.
  2. #2
    Kait8888888 is offline Junior Member
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    No, my name is not on the order.
  3. #3
    Ohiogal is offline Senior Member
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    What court gave you emergency custody? Children Services' records are confidential and you most likely will NOT get copies of them.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  4. #4
    Ohiogal is offline Senior Member
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    Quote Originally Posted by Kait8888888 View Post
    No, my name is not on the order.
    Then YOU do not have emergency custody. Your husband does. he received custody. The answer remains the same. Except when dad goes to court dad will have to prove a substantial change in circumstance in the court that has jurisdiction.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  5. #5
    futuredust is offline Senior Member
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    Quote Originally Posted by Kait8888888 View Post
    My husband and I currently have emergency custody of my stepson. While they were utilizing out of state rule 19 and he was with his mom, child services was call on her due to drug use while pregnant along with other things. We are not able to get access to the records and our custody court battle begins in early Novermber. Is there anyway we can request for a judge to have those records for the trial as they will greatly aid in our case?
    State?

    You will not be able to access them at all. Your husband's attorney can subpoena the state for their testimony and records.
  6. #6
    Ohiogal is offline Senior Member
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    Quote Originally Posted by futuredust View Post
    State?

    You will not be able to access them at all. Your husband's attorney can subpoena the state for their testimony and records.
    A subpoena will not work. It will take a court order and even then Children's Services may fight it.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  7. #7
    Kait8888888 is offline Junior Member
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    He received custody from the Licking County court in Ohio. The case worker told my husband that we are not authorized the records because the case is ongoing and child services records are not public. Is he going to be able to bring up the child services worker showing up in court?
  8. #8
    Ohiogal is offline Senior Member
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    Quote Originally Posted by Kait8888888 View Post
    He received custody from the Licking County court in Ohio. The case worker told my husband that we are not authorized the records because the case is ongoing and child services records are not public. Is he going to be able to bring up the child services worker showing up in court?
    Is he filing for custody in Licking County Juvenile Court as part of the abuse/neglect/dependency case? What do you mean bring up the children services worker? Your husband is NOT authorized and the children's services in Ohio will fight to make sure that NO ONE sees those records without a court order.

    A few more questions:
    He received temp custody at shelter care? Or adjudication? Or disposition? Where in the process if this case? Has a case plan been ordered?
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  9. #9
    Kait8888888 is offline Junior Member
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    He filed an Ex Parte order and filed for a motion for custody in May due to domestic violence in the mother's home. The court granted him temporary emergency custody and set a court date for the actual custody battle to begin in Novermber. The mother utilized the seven day turnaround rule and fought back with a lawyer but the magistrate still gave us emergency custody. When my husband goes back up for the court appearance for custody in november will be able to bring up that child services is investigating her and removed her other children from her custody without proof on paper?
  10. #10
    Kait8888888 is offline Junior Member
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    Also, a court appointed mediator was assigned but we just got the letter last week saying mediation was not needed at this point because the mediator was well aware that child services was investigating. We filed through the Licking County Domestic Court. Before this all happened, the child was living with his mother and the father was visiting 4 times a year.
  11. #11
    futuredust is offline Senior Member
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    Quote Originally Posted by Kait8888888 View Post
    He filed an Ex Parte order and filed for a motion for custody in May due to domestic violence in the mother's home. The court granted him temporary emergency custody and set a court date for the actual custody battle to begin in Novermber. The mother utilized the seven day turnaround rule and fought back with a lawyer but the magistrate still gave us emergency custody. When my husband goes back up for the court appearance for custody in november will be able to bring up that child services is investigating her and removed her other children from her custody without proof on paper?
    Quote Originally Posted by Kait8888888 View Post
    Also, a court appointed mediator was assigned but we just got the letter last week saying mediation was not needed at this point because the mediator was well aware that child services was investigating. We filed through the Licking County Domestic Court. Before this all happened, the child was living with his mother and the father was visiting 4 times a year.


    Again, you have no custody. And with that, have a nice day.
  12. #12
    Ohiogal is offline Senior Member
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    He filed an Ex Parte order and filed for a motion for custody in May due to domestic violence in the mother's home. The court granted him temporary emergency custody and set a court date for the actual custody battle to begin in Novermber. The mother utilized the seven day turnaround rule and fought back with a lawyer but the magistrate still gave us emergency custody. When my husband goes back up for the court appearance for custody in november will be able to bring up that child services is investigating her and removed her other children from her custody without proof on paper?
    Quote Originally Posted by Kait8888888 View Post
    Also, a court appointed mediator was assigned but we just got the letter last week saying mediation was not needed at this point because the mediator was well aware that child services was investigating. We filed through the Licking County Domestic Court. Before this all happened, the child was living with his mother and the father was visiting 4 times a year.
    Remove the WE from the situation. YOU are not a party to this. YOU will NOT be awarded custody of his child. You may be living in the same home but you won't have custody.
    Here is the issue -- if CSB gets involved, domestic relations is going to bow out if the child is part of the CSB case. In other words, don't plan on your husband's case proceding through Licking County Domestic Relations Court if CSB opens a case. The juvenile court's authority over the child will take precedence.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  13. #13
    Kait8888888 is offline Junior Member
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    You know what I meant. There's no reason to be rude. I'm just trying to get some help here, not be hassled because I keep getting my tenses backwards.
  14. #14
    Kait8888888 is offline Junior Member
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    Thank you.

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