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I have a court Order for Visitation but only a written agreement for a phone call

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atompkins06

Junior Member
What is the name of your state (only U.S. law)? Ohio
PLEASE HELP SHES KEEPING ME FROM MY DAUGHTER MORE AND MORE EVERYWEEK

My aunt has Custody of my daughter I have a court order for Visitation, but I only have a written agreement with her for a once a week phone call to my daughter, she has now taken that away from me because I went over to my mom's house to see my daughter when my mom had my daughter over night last weekend. I got a letter in the Mail from my aunt today saying that she is Suspending my Phone calls. We talked about the phone call in court and the Judge said to keep it the way it is, I want to be able to call my daughter every night. But what the Judge said is not in the court order, but I know its on the record. Is there anything that I can do, will the written agreement hold up in court? Can I get a copy or listen to the record from the day of court?
 
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Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Ohio
PLEASE HELP SHES KEEPING ME FROM MY DAUGHTER MORE AND MORE EVERYWEEK

My aunt has Custody of my daughter I have a court order for Visitation, but I only have a written agreement with her for a once a week phone call to my daughter, she has now taken that away from me because I went over to my mom's house to see my daughter when my mom had my daughter over night last weekend. I got a letter in the Mail from my aunt today saying that she is Suspending my Phone calls. We talked about the phone call in court and the Judge said to keep it the way it is, I want to be able to call my daughter every night. But what the Judge said is not in the court order, but I know its on the record. Is there anything that I can do, will the written agreement hold up in court? Can I get a copy or listen to the record from the day of court?
How long ago was the day in court? Why does your aunt have custody? You might try a motion to clarify. What COUNTY is the case?
 

atompkins06

Junior Member
It was back in April and its in Canton Ohio, My family member has custody because I had my daughter young and I couldn't take care of her, so until I got my life together I gave her custody, she has legal custody but the agreement was in court that when I got everything together which I have had together for over 2 years now that I was to get custody of my daughter back but now she is fighting me.
 
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Ohiogal

Queen Bee
It was back in April and its in Canton Ohio, My family member has custody because I had my daughter young and I couldn't take care of her, so until I got my life together I gave her custody, she has legal custody but the agreement was in court that when I got everything together which I have had together for over 2 years now that I was to get custody of my daughter back but now she is fighting me.
What judge decided your case? I would assume Judge Stucki -- I say that only because I am familiar with Stark County.

Here is the thing -- legal custody is considered a PERMANENT situation. Pre-determinations of custody are against public policy and cannot be upheld. In order to change legal custody, you need to show a substantial change in circumstance in the life of the child (NOT YOUR LIFE though it is possible that such could be considered a condition precedent) as well as the fact that it is in the best interests of the child for custody to change.

Custody was decided in APRIL? You stated you have a WRITTEN agreement for the phone call or is it actually a VERBAL agreement? As a parent whose rights have not been terminated you have residual rights and responsibilities including the right to contact of some sort. It is too late to appeal. What you can do is a motion to clarify and/or modify. The Stark County website may have forms that will enable you to do so. I know several in the area do. If Stark doesn't, look at Summit or Medina for examples and alter the county and caption to suit your needs.
 

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