I Have The Papers Now What Do I Do?

[Asilee]

What is the name of your state (only U.S. law)? Ohio

I went to Cleveland, ohio [I'm in Akron] and got my divorce decree as well as the proper papers to file:

Uniform Domestic Relations Form 21 - (Motion for Contempt and Affidavit)
Uniform Domestic Relations Form 22 - (Show Cause Order, Notice and Instructions to the Clerk)
Uniform Domestic Relations Form 23 - (Motion for Change of Parenting Time [Visitation] and Memorandum in Support
Uniform Domestic Relations Form 24 - (Motion for Change of Parental Rights and Responsibilities [Custody] and Memorandum in Support)

I have to do this because my son was taken while I was at work by his father Feb 28th and he refuses to let me have him back.

In the divorce decree he is the non-residential parent and I'm the residential and custodial parent. He is supposed to have my son every other weekend and every other holiday on [odd numbered years]. He is also owe child-support, too. Child support is actually looking for him but couldn't find him because he's homeless and does not have a solid residence.

I then got in contact with the legal aid in Cleveland, they only deal with domestic violence cases so they couldn't help me. So I got in contact with the legal aid in Akron and they told me that I don't need a lawyer. They also told me to file a emergency court hearing to get my son back. I'm not exactly sure how that works. They then told me to file a emergency "sole custody order" [?] and a restraining order when I get my son back as well as request - during the hearing - that the father get a psych evaluation.

Now, I'm not all that law-savvy, but that sounds like I need a lawyer. That doesn't sound like I can do this without one. The issue is finding one that doesn't cost 5,000-8,000 dollars like the ones I've been referred to. Is there anyone who can tell me where exactly I can find a lawyer that doesn't cost as much as a month in college? Also what those papers the community legal aid attorney's were telling me about?

Thank you.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Ohio

I went to Cleveland, ohio [I'm in Akron] and got my divorce decree as well as the proper papers to file:

Uniform Domestic Relations Form 21 - (Motion for Contempt and Affidavit)
Uniform Domestic Relations Form 22 - (Show Cause Order, Notice and Instructions to the Clerk)
Uniform Domestic Relations Form 23 - (Motion for Change of Parenting Time [Visitation] and Memorandum in Support
Uniform Domestic Relations Form 24 - (Motion for Change of Parental Rights and Responsibilities [Custody] and Memorandum in Support)

I have to do this because my son was taken while I was at work by his father Feb 28th and he refuses to let me have him back.

In the divorce decree he is the non-residential parent and I'm the residential and custodial parent. He is supposed to have my son every other weekend and every other holiday on [odd numbered years]. He is also owe child-support, too. Child support is actually looking for him but couldn't find him because he's homeless and does not have a solid residence.

I then got in contact with the legal aid in Cleveland, they only deal with domestic violence cases so they couldn't help me. So I got in contact with the legal aid in Akron and they told me that I don't need a lawyer. They also told me to file a emergency court hearing to get my son back. I'm not exactly sure how that works. They then told me to file a emergency "sole custody order" [?] and a restraining order when I get my son back as well as request - during the hearing - that the father get a psych evaluation.

Now, I'm not all that law-savvy, but that sounds like I need a lawyer. That doesn't sound like I can do this without one. The issue is finding one that doesn't cost 5,000-8,000 dollars like the ones I've been referred to. Is there anyone who can tell me where exactly I can find a lawyer that doesn't cost as much as a month in college? Also what those papers the community legal aid attorney's were telling me about?

Thank you.

You are not going to get a psych evaluation without a proper motion and evidence. What evidence do you have that dad is mentally ill? If you cannot read and understand the local rules for Cuyahoga County and the rules of civil procedure, yeah, you probably need an attorney. Why should an attorney work for free? We have school loans, office space, CLEs, insurance, and various other expenses that we are required to have in order to practice. We also have the knowledge necessary to pursue a case. Not every motion has a form. What type of restraining order do they want you to file? I don't see where a CPO is relevant. Oh and if you request DURING THE HEARING anything, that is an untimely motion that any judge who knows procedure will strike down unless dad agrees to it.

And add this to your other thread:
https://forum.freeadvice.com/child-custody-visitation-37/my-son-taken-i-may-never-see-him-again-604928.html

 

[Asilee]

You are not going to get a psych evaluation without a proper motion and evidence. What evidence do you have that dad is mentally ill? If you cannot read and understand the local rules for Cuyahoga County and the rules of civil procedure, yeah, you probably need an attorney. Why should an attorney work for free? We have school loans, office space, CLEs, insurance, and various other expenses that we are required to have in order to practice. We also have the knowledge necessary to pursue a case. Not every motion has a form. What type of restraining order do they want you to file? I don't see where a CPO is relevant. Oh and if you request DURING THE HEARING anything, that is an untimely motion that any judge who knows procedure will strike down unless dad agrees to it.

And add this to your other thread:
https://forum.freeadvice.com/child-custody-visitation-37/my-son-taken-i-may-never-see-him-again-604928.html

I'm sorry, but that didn't really answer any of my questions.

 

[Asilee]

I'll find help elsewhere. I didn't come on here to get bullied and belittled. All I wanted was a general idea of what to do in this type of situation.

The disrespect and the way things are said I'm not for so I'll go some place else.