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Visitation Court tomorrow

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cincimom

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

I am a young mom with two young children, one daughter who will turn one next month, and a son who was born two weeks ago. They both have the same father. Dad is on daughter's birth certificate and he signed an AOP, but he has not met son and is not on son's birth certificate. After our daughter was born, we tried to make our relationship work, and I ended up pregnant again. Stupid, I know. When we found out, dad and I broke up. I filed for child support, and I told dad to file for visitation through the courts, as he had made me very nervous over several visits (he would bring her back much later than he was supposed to, and once I came to pick her up and found her screaming with a dirty diaper in her carseat while dad was playing video games with his headphones on). After an incident where he threatened to kill himself and took off driving drunk (without the kids) I told him that I was uncomfortable with him being alone with our daughter and he needed to file for visitation. Our court date is tomorrow. He somehow came up for the money with a lawyer, even though he claimed to be unemployed in CS court, and he wants 50/50 custody of both kids.

His attorney is a public defender who represented his brother a few years ago for something else. He doesn't do family law. I'm not sure how he can request visitation for SON when he isn't on the birth certificate, especially since I haven't even been able to file for CS since he doesn't have his SS card yet!

Will it be possible for him to get 50/50 custody without cause? He has only asked to see his daughter twice since January, and halfway through the day where he wanted her (IE - it's Saturday afternoon and he texts and asks "Can I see DAUGHTER today?"). He hasn't asked to see his son at all.

He lives with his friend and his friend's mom right now. He is 21 and I am 20. He is out every night until 2 or 3 in the morning, judging from his facebook, and I don't want him pawning our children off on any Joe off the street who will take them during his time.

I am planning on going in and requesting mediation. I know he will have time with the kids, and that is fine. Can someone please tell me if you think the following is unreasonable?

1. DAD be required to attend parenting classes due to his lack of familiarity with infants and toddlers.

2. DAD be required to take anger management classes due to his temper and the fact that it was his family who stated that it was not safe for DAUGHTER to be alone in his care.

3. DAD to have DAUGHTER every other weekend from Friday at 6pm to Sunday at 6pm. SON will begin having overnights when he is one year old. He may have SON from 10:00-6:00 on his Saturdays until then.

4. One night every other week (non visitation weeks) from 5:30 to 8:30

5. At NO point will SON or DAUGHTER be allowed to be inside a moving go kart without the MOM's permission (his family has a gokart racing team. They already have purchased a gokart for our daughter - it is terrifying).

6. DAD does all driving for weekday visits. DAD will pick up for weekend visit and MOM will pick up.

7. No out of state vacations until both children are five. (this is due to the fact that he wants to take the children to New Mexico, where his mother lives with a heroin addict in what basically amounts to a trap house)

8. DAD must keep the children overnight during his visits unless he asks MOM if she would like them back during this time.

9. No extended parenting time until the children are two years of age. Two consecutive weeks may not be taken until age 5.

10. DAD must provide proof that he has appropriate car seats for each child as well as an appropriate sleeping place for overnight visits.

Once both children are two, Ohio standard parenting plan (through the juvenile courts) will be followed.
 


Proserpina

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

I am a young mom with two young children, one daughter who will turn one next month, and a son who was born two weeks ago. They both have the same father. Dad is on daughter's birth certificate and he signed an AOP, but he has not met son and is not on son's birth certificate. After our daughter was born, we tried to make our relationship work, and I ended up pregnant again. Stupid, I know. When we found out, dad and I broke up. I filed for child support, and I told dad to file for visitation through the courts, as he had made me very nervous over several visits (he would bring her back much later than he was supposed to, and once I came to pick her up and found her screaming with a dirty diaper in her carseat while dad was playing video games with his headphones on). After an incident where he threatened to kill himself and took off driving drunk (without the kids) I told him that I was uncomfortable with him being alone with our daughter and he needed to file for visitation. Our court date is tomorrow. He somehow came up for the money with a lawyer, even though he claimed to be unemployed in CS court, and he wants 50/50 custody of both kids.

His attorney is a public defender who represented his brother a few years ago for something else. He doesn't do family law. I'm not sure how he can request visitation for SON when he isn't on the birth certificate, especially since I haven't even been able to file for CS since he doesn't have his SS card yet!

Will it be possible for him to get 50/50 custody without cause? He has only asked to see his daughter twice since January, and halfway through the day where he wanted her (IE - it's Saturday afternoon and he texts and asks "Can I see DAUGHTER today?"). He hasn't asked to see his son at all.

He lives with his friend and his friend's mom right now. He is 21 and I am 20. He is out every night until 2 or 3 in the morning, judging from his facebook, and I don't want him pawning our children off on any Joe off the street who will take them during his time.

I am planning on going in and requesting mediation. I know he will have time with the kids, and that is fine. Can someone please tell me if you think the following is unreasonable?

1. DAD be required to attend parenting classes due to his lack of familiarity with infants and toddlers.
Did you attend parenting classes? If so, your request is not unreasonable.

2. DAD be required to take anger management classes due to his temper and the fact that it was his family who stated that it was not safe for DAUGHTER to be alone in his care.
Unreasonable unless you can PROVE that his anger presents a valid threat.

3. DAD to have DAUGHTER every other weekend from Friday at 6pm to Sunday at 6pm. SON will begin having overnights when he is one year old. He may have SON from 10:00-6:00 on his Saturdays until then.
Unreasonable. If he's fit to have his daughter overnight, he's fit to have his son overnight.

4. One night every other week (non visitation weeks) from 5:30 to 8:30
Reasonable.

5. At NO point will SON or DAUGHTER be allowed to be inside a moving go kart without the MOM's permission (his family has a gokart racing team. They already have purchased a gokart for our daughter - it is terrifying).
Terrifying ... to who? You? The court will trust him to make the right decisions - just as they trust you.

6. DAD does all driving for weekday visits. DAD will pick up for weekend visit and MOM will pick up.
Why can't you drive halfway for the weekday visit?

7. No out of state vacations until both children are five. (this is due to the fact that he wants to take the children to New Mexico, where his mother lives with a heroin addict in what basically amounts to a trap house)
Not a chance - this is absolutely unreasonable. Unless, of course, you're bound by the same rules - are you okay with that?

8. DAD must keep the children overnight during his visits unless he asks MOM if she would like them back during this time.
Are you talking about a ROFR (right of first refusal), or simply being the one in control?

9. No extended parenting time until the children are two years of age. Two consecutive weeks may not be taken until age 5.
Completely unreasonable.

10. DAD must provide proof that he has appropriate car seats for each child as well as an appropriate sleeping place for overnight visits.
Car seats, yes. "Appropriate sleeping place" ... according to whose definition? Yours? A crib, a mattress on the floor ... both of these are acceptable.

Once both children are two, Ohio standard parenting plan (through the juvenile courts) will be followed.

There is an Ohio attorney/GAL here; you should also wait for her input.
 

Silverplum

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

I am a young mom with two young children, one daughter who will turn one next month, and a son who was born two weeks ago. They both have the same father. Dad is on daughter's birth certificate and he signed an AOP, but he has not met son and is not on son's birth certificate. After our daughter was born, we tried to make our relationship work, and I ended up pregnant again. Stupid, I know. When we found out, dad and I broke up. I filed for child support, and I told dad to file for visitation through the courts, as he had made me very nervous over several visits (he would bring her back much later than he was supposed to, and once I came to pick her up and found her screaming with a dirty diaper in her carseat while dad was playing video games with his headphones on). After an incident where he threatened to kill himself and took off driving drunk (without the kids) I told him that I was uncomfortable with him being alone with our daughter and he needed to file for visitation. Our court date is tomorrow. He somehow came up for the money with a lawyer, even though he claimed to be unemployed in CS court, and he wants 50/50 custody of both kids.

His attorney is a public defender who represented his brother a few years ago for something else. He doesn't do family law. I'm not sure how he can request visitation for SON when he isn't on the birth certificate, especially since I haven't even been able to file for CS since he doesn't have his SS card yet!

Will it be possible for him to get 50/50 custody without cause? He has only asked to see his daughter twice since January, and halfway through the day where he wanted her (IE - it's Saturday afternoon and he texts and asks "Can I see DAUGHTER today?"). He hasn't asked to see his son at all.

He lives with his friend and his friend's mom right now. He is 21 and I am 20. He is out every night until 2 or 3 in the morning, judging from his facebook, and I don't want him pawning our children off on any Joe off the street who will take them during his time.

I am planning on going in and requesting mediation. I know he will have time with the kids, and that is fine. Can someone please tell me if you think the following is unreasonable?

1. DAD be required to attend parenting classes due to his lack of familiarity with infants and toddlers.

2. DAD be required to take anger management classes due to his temper and the fact that it was his family who stated that it was not safe for DAUGHTER to be alone in his care.

3. DAD to have DAUGHTER every other weekend from Friday at 6pm to Sunday at 6pm. SON will begin having overnights when he is one year old. He may have SON from 10:00-6:00 on his Saturdays until then.

4. One night every other week (non visitation weeks) from 5:30 to 8:30

5. At NO point will SON or DAUGHTER be allowed to be inside a moving go kart without the MOM's permission (his family has a gokart racing team. They already have purchased a gokart for our daughter - it is terrifying).

6. DAD does all driving for weekday visits. DAD will pick up for weekend visit and MOM will pick up.

7. No out of state vacations until both children are five. (this is due to the fact that he wants to take the children to New Mexico, where his mother lives with a heroin addict in what basically amounts to a trap house)

8. DAD must keep the children overnight during his visits unless he asks MOM if she would like them back during this time.

9. No extended parenting time until the children are two years of age. Two consecutive weeks may not be taken until age 5.

10. DAD must provide proof that he has appropriate car seats for each child as well as an appropriate sleeping place for overnight visits.

Once both children are two, Ohio standard parenting plan (through the juvenile courts) will be followed.
1. Did you? Did your Mother take those classes?

2. Prove it. Not with facebook.

3-4. Fine.

5. That's not something you can control. Parents make choices to do lots of wild things.

6. Whatever.

7. You stay right in place, too. No exceptions.

8. Not enforceable, and a parenting choice.

9. Unreasonable control freak, says your judge.

10. See #9.

(Proserpina's up early and is perky! :D)
 

Ohiogal

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

I am a young mom with two young children, one daughter who will turn one next month, and a son who was born two weeks ago. They both have the same father. Dad is on daughter's birth certificate and he signed an AOP, but he has not met son and is not on son's birth certificate. After our daughter was born, we tried to make our relationship work, and I ended up pregnant again. Stupid, I know. When we found out, dad and I broke up. I filed for child support, and I told dad to file for visitation through the courts, as he had made me very nervous over several visits (he would bring her back much later than he was supposed to, and once I came to pick her up and found her screaming with a dirty diaper in her carseat while dad was playing video games with his headphones on). After an incident where he threatened to kill himself and took off driving drunk (without the kids) I told him that I was uncomfortable with him being alone with our daughter and he needed to file for visitation. Our court date is tomorrow. He somehow came up for the money with a lawyer, even though he claimed to be unemployed in CS court, and he wants 50/50 custody of both kids.
The presumption is shared parenting in Ohio.

His attorney is a public defender who represented his brother a few years ago for something else. He doesn't do family law. I'm not sure how he can request visitation for SON when he isn't on the birth certificate, especially since I haven't even been able to file for CS since he doesn't have his SS card yet!
His attorney works for the public defender's office OR takes appointments? Probably the latter. Dad can file for visitation as they will do a DNA test on him.

Will it be possible for him to get 50/50 custody without cause? He has only asked to see his daughter twice since January, and halfway through the day where he wanted her (IE - it's Saturday afternoon and he texts and asks "Can I see DAUGHTER today?"). He hasn't asked to see his son at all.
Dad stands equal with you before the court. He can definitely request joint custody and he may get it. That doesn't necessarily mean 50/50 time.
He lives with his friend and his friend's mom right now. He is 21 and I am 20. He is out every night until 2 or 3 in the morning, judging from his facebook, and I don't want him pawning our children off on any Joe off the street who will take them during his time.
Facebook matters not. He doesn't have the children with him so he can do what he wants.

I am planning on going in and requesting mediation. I know he will have time with the kids, and that is fine. Can someone please tell me if you think the following is unreasonable?

1. DAD be required to attend parenting classes due to his lack of familiarity with infants and toddlers.
When did you have a parenting class? Why did you have TWO children with someone who you don't trust to parent?
2. DAD be required to take anger management classes due to his temper and the fact that it was his family who stated that it was not safe for DAUGHTER to be alone in his care.
What evidence do you have that dad has a bad temper? Has he been convicted of domestic violence? If not, nope.

3. DAD to have DAUGHTER every other weekend from Friday at 6pm to Sunday at 6pm. SON will begin having overnights when he is one year old. He may have SON from 10:00-6:00 on his Saturdays until then.
Why should son not have overnights until he is a year old?
Truthfully dad should see the younger child MORE frequently in order to establish a bond.
4. One night every other week (non visitation weeks) from 5:30 to 8:30
Nope. One night every week is the standard.

5. At NO point will SON or DAUGHTER be allowed to be inside a moving go kart without the MOM's permission (his family has a gokart racing team. They already have purchased a gokart for our daughter - it is terrifying).
Nope. Why do you think you can dictate what DAD does on his time with HIS child?
6. DAD does all driving for weekday visits. DAD will pick up for weekend visit and MOM will pick up.
Why shouldn't you split transportation.

7. No out of state vacations until both children are five. (this is due to the fact that he wants to take the children to New Mexico, where his mother lives with a heroin addict in what basically amounts to a trap house)
So you won't leave the state of Ohio either, correct? How controlling do you really want to look? Because right now, you are looking out of control controlling.

8. DAD must keep the children overnight during his visits unless he asks MOM if she would like them back during this time.
Not the way this is phrased.
9. No extended parenting time until the children are two years of age. Two consecutive weeks may not be taken until age 5.
Why not? You get the children two consecutive years before they are five years old.
10. DAD must provide proof that he has appropriate car seats for each child as well as an appropriate sleeping place for overnight visits.
PROOF? How about they are in the car when he picks up the children. Appropriate sleeping place? And what do you believe that is?
Once both children are two, Ohio standard parenting plan (through the juvenile courts) will be followed.
OHIO does NOT have a standard parenting plan.

You have issues.
 

Zigner

Senior Member, Non-Attorney
I am planning on going in and requesting mediation. I know he will have time with the kids, and that is fine. Can someone please tell me if you think the following is unreasonable?

1. DAD be required to attend parenting classes due to his lack of familiarity with infants and toddlers.
You should also expect to be required to attend the same classes.


2. DAD be required to take anger management classes due to his temper and the fact that it was his family who stated that it was not safe for DAUGHTER to be alone in his care.
What proof do you have of this?

3. DAD to have DAUGHTER every other weekend from Friday at 6pm to Sunday at 6pm. SON will begin having overnights when he is one year old. He may have SON from 10:00-6:00 on his Saturdays until then.
There's no reason that he can't have his son for overnights before son is one.

4. One night every other week (non visitation weeks) from 5:30 to 8:30
Why can't he have an overnight?

5. At NO point will SON or DAUGHTER be allowed to be inside a moving go kart without the MOM's permission (his family has a gokart racing team. They already have purchased a gokart for our daughter - it is terrifying).
Nope, not gonna happen so long as proper safety precautions are in place.

6. DAD does all driving for weekday visits. DAD will pick up for weekend visit and MOM will pick up.
Generally, the receiving parent provides transportation.

7. No out of state vacations until both children are five. (this is due to the fact that he wants to take the children to New Mexico, where his mother lives with a heroin addict in what basically amounts to a trap house)
Nope - that's an overly broad restriction, IMO.

8. DAD must keep the children overnight during his visits unless he asks MOM if she would like them back during this time.
Huh?

9. No extended parenting time until the children are two years of age. Two consecutive weeks may not be taken until age 5.
This is a bit vague, but a restriction until age 5 is overboard.

10. DAD must provide proof that he has appropriate car seats for each child as well as an appropriate sleeping place for overnight visits.
Appropriate car seats? Sure - and that's easy to define based on the law. Appropriate sleeping place? Appropriate to who? You don't get to decide if the kids overnight on the living room floor with sleeping bags...

Once both children are two, Ohio standard parenting plan (through the juvenile courts) will be followed.
That actually contradicts what you have stated above.
 

Ohiogal

Queen Bee
Oh and Hamilton County juvenile court's standard visitation, you have not even reviewed to see what it says. Want to know why?

http://www.hamilton-co.org/juvenilecourt/FormsHome/PDF_Forms/CUST_VIST_GRNDPT/VIST/O-3_Standard_Parenting_Time_Guidelines.pdf

Read it and learn.
 

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