When to file for custody of children

[GrandmaOH]

What is the name of your state? OH

I am asking this for my son-in-law. Our daughter left our son-in-law today to stay with another man. She took their two children. She will not tell anyone where she and the children are, other than to say she is staying with a 'friend'. We believe she is still within Ohio. She has a history of bipolar, diagnosed over 9 years ago. Episodes include binge drinking, smoking marijuana, sleeping around, getting fired. She is in a full-blown episode right now.

Can our son-in-law file to get a court order for her to bring the children back to his house, even though they are currently married? Can something be done as soon as courts open in the morning?

 

[mom6stepmom2]

What is the name of your state? OH

I am asking this for my son-in-law. Our daughter left our son-in-law today to stay with another man. She took their two children. She will not tell anyone where she and the children are, other than to say she is staying with a 'friend'. We believe she is still within Ohio. She has a history of bipolar, diagnosed over 9 years ago. Episodes include binge drinking, smoking marijuana, sleeping around, getting fired. She is in a full-blown episode right now.

Can our son-in-law file to get a court order for her to bring the children back to his house, even though they are currently married? Can something be done as soon as courts open in the morning?

I am not an expert in the law nor do I live in Ohio, but when my ex and I were going through the beginning stages of our separation, I went to the court house and filed for temporary custody of my children. I also filed a 'status quo' on the children's living arrangements. The 'status quo' order forbid both my ex and myself from moving the children from marital home pending a hearing. I filed a few days after my ex moved out of the marital home. I filed both the temp. custody and status quo petitions 3 months before my ex actually filed for divorce. My ex did not fight either petition and judge signed them off a few days after I filed them. If my ex had fought the petitions, a hearing would have taken place to determine temporary custody. My divorce was finalized 10 months after it was filed and both temp custody and status quo remained in effect until divorce was final.

 

[LdiJ]

What is the name of your state? OH

I am asking this for my son-in-law. Our daughter left our son-in-law today to stay with another man. She took their two children. She will not tell anyone where she and the children are, other than to say she is staying with a 'friend'. We believe she is still within Ohio. She has a history of bipolar, diagnosed over 9 years ago. Episodes include binge drinking, smoking marijuana, sleeping around, getting fired. She is in a full-blown episode right now.

Can our son-in-law file to get a court order for her to bring the children back to his house, even though they are currently married? Can something be done as soon as courts open in the morning?

Have him get a consult with a local attorney ASAP. I believe that his problem is going to be one of service. He is going to have to serve her anything that he wants to file. If he doesn't know where she is to serve her, that could pose a problem.

 

[Ohiogal]

Have him get a consult with a local attorney ASAP. I believe that his problem is going to be one of service. He is going to have to serve her anything that he wants to file. If he doesn't know where she is to serve her, that could pose a problem.

Last known address he can serve her at -- which is the marital home. Mom apparently knows where she is and if mom is concerned about grandkids, mom should help out with service to protect the grandkids. Mom could even get permission to be the process server.
In answer to your original question, son-in-law can petition for an emergency order to return the children to the marital home and have that be their residence with him. He can't force her to return as she is assumed to be a competent adult.

 

[GrandmaOH]

Last known address he can serve her at -- which is the marital home. Mom apparently knows where she is and if mom is concerned about grandkids, mom should help out with service to protect the grandkids. Mom could even get permission to be the process server.
In answer to your original question, son-in-law can petition for an emergency order to return the children to the marital home and have that be their residence with him. He can't force her to return as she is assumed to be a competent adult.

No, I don't know where she is, other than what my son-in-law found out and told me. She will most likely return to pick up clothing for herself and the children today. She can be served then. Can my son-in-law just go to the local court house and ask the clerk of court what papers to file for the emergency order to return the children? If he gets them returned, what about when they are at a babysitter, can my daughter just take them from there?

This situation may sound strange if you've never dealt with someone with bipolar. But when she is at this stage she does things and thinks things she wouldn't otherwise do or think. I can see the children being at risk of physical harm with her at this stage.

 

[rmet4nzkx]

No, I don't know where she is, other than what my son-in-law found out and told me. She will most likely return to pick up clothing for herself and the children today. She can be served then. Can my son-in-law just go to the local court house and ask the clerk of court what papers to file for the emergency order to return the children? If he gets them returned, what about when they are at a babysitter, can my daughter just take them from there?

This situation may sound strange if you've never dealt with someone with bipolar. But when she is at this stage she does things and thinks things she wouldn't otherwise do or think. I can see the children being at risk of physical harm with her at this stage.

Yes time of of the essence, he should go to the courthouse and file for emergency custody orders and hopefully she can be served when she comes to collect the clothing, hopefully she will have the children with her, it is very possible that hse will not have the children with her. He may also want to get a restraining order.

 

[GrandmaOH]

Yes time of of the essence, he should go to the courthouse and file for emergency custody orders and hopefully she can be served when she comes to collect the clothing, hopefully she will have the children with her, it is very possible that hse will not have the children with her. He may also want to get a restraining order.

Can he get a restraining order to keep her away from their apartment or is it just to keep her away from himself? Can he change a lock on the door? In a previous episode she imagined he was cheating on her(while she was living with some male!) and trashed all his things.

We all(except her) go through hell when she goes through these periods. I think it's time our son-in-law takes a firm stand and says 'no more'. That's why I'm getting as much info for my son-in-law as possible and I'll go to the courthouse to help him with the paperwork. Hopefully it would shock her into staying on meds. But no matter what the outcome for her, we have to keep the kids safe.

 

[rmet4nzkx]

Can he get a restraining order to keep her away from their apartment or is it just to keep her away from himself? Can he change a lock on the door? In a previous episode she imagined he was cheating on her(while she was living with some male!) and trashed all his things.

We all(except her) go through hell when she goes through these periods. I think it's time our son-in-law takes a firm stand and says 'no more'. That's why I'm getting as much info for my son-in-law as possible and I'll go to the courthouse to help him with the paperwork. Hopefully it would shock her into staying on meds. But no matter what the outcome for her, we have to keep the kids safe.

It is a wise idea to accompany him to the courthouse and to be his witness. He should be able to get a restraining order to protect him, children, their childcare/school and the apartment. Has he filed police reports in the past? He might also apply for her to have supervised visitation, for appointm,ent of a Guardian ad Litem and possibly for psychological evaluation, but today emergency custody and restraining order, and the court's permission to change the locks.

 

[GrandmaOH]

It is a wise idea to accompany him to the courthouse and to be his witness. He should be able to get a restraining order to protect him, children, their childcare/school and the apartment. Has he filed police reports in the past? He might also apply for her to have supervised visitation, for appointm,ent of a Guardian ad Litem and possibly for psychological evaluation, but today emergency custody and restraining order, and the court's permission to change the locks.

I don't think he's filed reports in the past. She has a documented history of suicide attempts.
I'll stay logged on for any further advice for the next 30 minutes(unless someone needs the phone, ugh), then I'll be gone to help him.

 

[weenor]

It is a wise idea to accompany him to the courthouse and to be his witness. He should be able to get a restraining order to protect him, children, their childcare/school and the apartment. Has he filed police reports in the past? He might also apply for her to have supervised visitation, for appointm,ent of a Guardian ad Litem and possibly for psychological evaluation, but today emergency custody and restraining order, and the court's permission to change the locks.

If you have any evidence that she is dangerous, an ex parte order can be requested (using an affidavit) and the judge just may sign it without notice or a hearing. I have seen this done in a situation in which there were medical records and an affidavit by stbx that his wife was cutting herself in front of the 4 year old.

 

[rmet4nzkx]

I don't think he's filed reports in the past. She has a documented history of suicide attempts.
I'll stay logged on for any further advice for the next 30 minutes(unless someone needs the phone, ugh), then I'll be gone to help him.

THe documented history of suicide attempts will be vital to the court and as Weenor said, affidivit of the other issues even without police reports. Please update us after court. Are you able to care for the children when dad is at work if there is an issue with child care? How old are the children?

 

[Ohiogal]

If your son in law doesn't have a lot of money have him call legal aid and see if they can refer him to an attorney who would help him either for a flat rate or pro bono.

 

[GrandmaOH]

If your son in law doesn't have a lot of money have him call legal aid and see if they can refer him to an attorney who would help him either for a flat rate or pro bono.

I went with him to the court house but I didn't go into the office when he asked someone about papers to file for custody. Whoever he talked to said he had to file for divorce first/same time. I did get the website for the court and I'm seeing what forms are online. There is a phone number for legal aid listed on the website. I'll pass that on to him.

The children are 5 & 3(in a few days). I do work full time but our son-in-law works nights. He knows he is welcome to live here and we'll help with the kids, and he is open to that. Our daughter also knows she can move back here with the kids while he stays at their place. She also knows we won't enable her to see other men until she and our son-in-law are divorced, so I don't think she's going to move in here. In all this, we're keeping our focus on the kids safety and well-being.

 

[bononos]

http://www.ohiolegalservices.org/OSLSA/PublicWeb/About/FAQ

 

[bononos]

Also, if you want to post the county, others can help search that county for legal aid and online forms.