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Need to get custody of my son ASAP!

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cmdbinc

Junior Member
What is the name of your state (only U.S. law)? OHIO

I learned a year ago that I had a son, and his mother has been gracious enough to allow me to have him every other month for the past 8 months. I recently learned that she has been charged with theft, assault, and aggravated trespassing. All these crimes involved my son; he was used in the theft, and left with a neighbor so she could go assault someone. She is a very violent person. Also, recently had a car accident, and told me that she's "glad the police didn't find her weapon under the seat", which she later told me was a knife. I'm not saying she is a bad person or even a bad mother. Her violent behavior has caused her to threaten my son saying things like "I'm gonna punch you in the neck" and "I'm about to hit you in the head with a rock" and more. I provide everything for my son except food and a roof at his mother's home. The utilities are in my name, all the clothes he has I bought, etc. When I picked him up the beginning of this month, I saw weed in small piles on the desk in plain sight. She also told me that my son had climbed out on the roof from the second story! Finally, she has chosen to allow a convicted violent offender to move in with her and watch my son while she is at work. I'm going to file a Complaint for Custody here in the county in which I live, even though she lives in a different county. We have never been married and there is not currently any custody order in place. I want custody of my son, and allow her to have supervised visitation only. Advice, please? What are my chances, as a father of a beautiful 3-year old boy, to get him out of his mother's care based on the facts? Thank you so much.What is the name of your state (only U.S. law)?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? OHIO

I learned a year ago that I had a son, and his mother has been gracious enough to allow me to have him every other month for the past 8 months. I recently learned that she has been charged with theft, assault, and aggravated trespassing. All these crimes involved my son; he was used in the theft, and left with a neighbor so she could go assault someone. She is a very violent person. Also, recently had a car accident, and told me that she's "glad the police didn't find her weapon under the seat", which she later told me was a knife. I'm not saying she is a bad person or even a bad mother. Her violent behavior has caused her to threaten my son saying things like "I'm gonna punch you in the neck" and "I'm about to hit you in the head with a rock" and more. I provide everything for my son except food and a roof at his mother's home. The utilities are in my name, all the clothes he has I bought, etc. When I picked him up the beginning of this month, I saw weed in small piles on the desk in plain sight. She also told me that my son had climbed out on the roof from the second story! Finally, she has chosen to allow a convicted violent offender to move in with her and watch my son while she is at work. I'm going to file a Complaint for Custody here in the county in which I live, even though she lives in a different county. We have never been married and there is not currently any custody order in place. I want custody of my son, and allow her to have supervised visitation only. Advice, please? What are my chances, as a father of a beautiful 3-year old boy, to get him out of his mother's care based on the facts? Thank you so much.What is the name of your state (only U.S. law)?
is your son's mother in custody? Have you been legally declared dad?
 

sometwo

Senior Member
I learned a year ago that I had a son, and his mother has been gracious enough to allow me to have him every other month for the past 8 months
.

Good for her because she didn't have to allow ANY visitation, without a court order you don't have a child since you were not married.

I
recently learned that she has been charged with theft, assault, and aggravated trespassing. All these crimes involved my son; he was used in the theft, and left with a neighbor so she could go assault someone.
How was he "used" in the theft and leaving child with someone so she could assault a person don't mean the child was used in the crime. Was CPS contacted or brought in ?


She is a very violent person. Also, recently had a car accident, and told me that she's "glad the police didn't find her weapon under the seat", which she later told me was a knife. I'm not saying she is a bad person or even a bad mother. Her violent behavior has caused her to threaten my son saying things like "I'm gonna punch you in the neck" and "I'm about to hit you in the head with a rock" and more.
Do you have proof of these things? Evidence?


I provide everything for my son except food and a roof at his mother's home. The utilities are in my name, all the clothes he has I bought, etc.
Not everything obviously mom has been providing .

When I picked him up the beginning of this month, I saw weed in small piles on the desk in plain sight. She also told me that my son had climbed out on the roof from the second story! Finally, she has chosen to allow a convicted violent offender to move in with her and watch my son while she is at work.
any proof that any of this happened or that this child is in danger ?

I'm going to file a Complaint for Custody here in the county in which I live, even though she lives in a different county. We have never been married and there is not currently any custody order in place. I want custody of my son, and allow her to have supervised visitation only. Advice, please? What are my chances, as a father of a beautiful 3-year old boy, to get him out of his mother's care based on the facts? Thank you so much.What is the name of your state (only U.S. law)?
You don't have a child yet and you have to file in the child's county of residence. (unless mother has moved from birth place and only been at new residence for less than 6 months etc etc.
 

cmdbinc

Junior Member
my reply

OK, I am the child's father. I have had the DNA test and am listed on the BC as the father. My son was used to carry items stolen by his mother out of the store. I have proof of it from the police reports/arrest records. As far as the assault, he was left with a complete stranger! His mom's live-in boyfriend is still legally married and I have proof of this on recorded phone calls and both of them admitting the drug and alcohol use. CPS has of course been contacted and delivered a 25 page statement including arrest reports. I have consulted an attorney and was informed I could file in my county because my son isn't under the jurisdiction of any court and currently is living with me. I also requested temporary custody & an expedited hearing.

I have proof of everything I have stated. Furthermore, mom works at McD's, pays rent so her, her 2 children, and her boyfriend's 6 kids can live there and boyf has no job. She provides things, yes, and I stated that in my original post.
Thanks all!
 

Ohiogal

Queen Bee
OK, I am the child's father. I have had the DNA test and am listed on the BC as the father. My son was used to carry items stolen by his mother out of the store. I have proof of it from the police reports/arrest records. As far as the assault, he was left with a complete stranger! His mom's live-in boyfriend is still legally married and I have proof of this on recorded phone calls and both of them admitting the drug and alcohol use. CPS has of course been contacted and delivered a 25 page statement including arrest reports. I have consulted an attorney and was informed I could file in my county because my son isn't under the jurisdiction of any court and currently is living with me. I also requested temporary custody & an expedited hearing.

I have proof of everything I have stated. Furthermore, mom works at McD's, pays rent so her, her 2 children, and her boyfriend's 6 kids can live there and boyf has no job. She provides things, yes, and I stated that in my original post.
Thanks all!
Is your "proof" admissible?
 

cmdbinc

Junior Member
I did ask my attorney about that, and the recordings are admissable, as well as the police reports. In Ohio, you can record a conversation as a party of the conversation, but not as a third party, and it is admissable.
 

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