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Motion for Custody Hearing

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mcwjjm

Member
What is the name of your state (only U.S. law)? What is the name of your state (only U.S. law)? Ohio. Hello again. Mother of my two youngest children filed a Motion for Custody. Children are 6 and 8. We were never married but for the most part have lived together as a family. They moved out in March 2009, I maintained weekend visitation and C/S. Last July she said "You need to take the kids [for awhile]" because she wasn't able to care for them F/T. 10 days later she tries to commit sucide when the children were in her care [weekend visitation]. I picked them up from the police and they've been livng with me since. A few months later she said she wanted the children back when she was on her feet. In the mean time she was living with family, her car got repoed, not attending MH counseling and maintaining frequent contact with her crack-head BF. I said we could re-visit that. In August she agreed to a "Shared Parenting Degree - Agreed Entry" that appointed me as the Residential parent of our 2 children. I did not request C/S. She then became employed F/T in September and moved into an apt. in November. Later that month we had a follow up mediation hearing to discuss a change in custody. At that time I felt it was too soon and if there was a change I wanted to see the children for an equal amount of time [not just weekends]. She disagreed, wanting to become the residential parent and the meeting ended.

For the last 10 months the children have lived with me I have not asked or received any C/S from her. I should also add that I have 12 YO son from another relationship that also lives with us. She has no other children. In the time our children have lived with me they have maintain or improved their grades and have perfect attendence records, which wasn't the case when she was solely responsible for taking them to school. I have serious concerns about her stability, not only is there the lack of follow up on the counseling but she also is Bi-Polar. Her employement has been very sketchy as well. She basically lacks stability. What should I expect at the hearing and what are the chances the magistrate granting her as residential parent? Would a GAL be appointed to investigate? It's my understanding Shared Parenting is when both parents have the children an equal amount of time and Joint Custody is when one parent is named the residential and the other has the children on the weekends. Doesn't our court order resemble a Joint Custody decree? Thanks in advance.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? What is the name of your state (only U.S. law)? Ohio. Hello again. Mother of my two youngest children filed a Motion for Custody. Children are 6 and 8. We were never married but for the most part have lived together as a family. They moved out in March 2009, I maintained weekend visitation and C/S. Last July she said "You need to take the kids [for awhile]" because she wasn't able to care for them F/T. 10 days later she tries to commit sucide when the children were in her care [weekend visitation]. I picked them up from the police and they've been livng with me since. A few months later she said she wanted the children back when she was on her feet. In the mean time she was living with family, her car got repoed, not attending MH counseling and maintaining frequent contact with her crack-head BF. I said we could re-visit that. In August she agreed to a "Shared Parenting Degree - Agreed Entry" that appointed me as the Residential parent of our 2 children. I did not request C/S. She then became employed F/T in September and moved into an apt. in November. Later that month we had a follow up mediation hearing to discuss a change in custody. At that time I felt it was too soon and if there was a change I wanted to see the children for an equal amount of time [not just weekends]. She disagreed, wanting to become the residential parent and the meeting ended.

For the last 10 months the children have lived with me I have not asked or received any C/S from her. I should also add that I have 12 YO son from another relationship that also lives with us. She has no other children. In the time our children have lived with me they have maintain or improved their grades and have perfect attendence records, which wasn't the case when she was solely responsible for taking them to school. I have serious concerns about her stability, not only is there the lack of follow up on the counseling but she also is Bi-Polar. Her employement has been very sketchy as well. She basically lacks stability. What should I expect at the hearing and what are the chances the magistrate granting her as residential parent? Would a GAL be appointed to investigate? It's my understanding Shared Parenting is when both parents have the children an equal amount of time and Joint Custody is when one parent is named the residential and the other has the children on the weekends. Doesn't our court order resemble a Joint Custody decree? Thanks in advance.
Shared parenting does not automatically equal a 50/50 timeshare or anything close to that. It can be any combination of timeshare.
 

CJane

Senior Member
Do you have joint legal and physical custody, with you being designated as primary residential parent? Or do you have SOLE legal/physical?

If you have JOINT custody (regardless of time share), Mom will only need to show that it is in the best interests of the children to spend more time with her.

Has she been employed since November? Continued to maintain her apartment? Her visitation with the children?
 

mcwjjm

Member
Yes, we have a shared parenting decree where I'm the residential parent and she has visitation every weekend. She has remained employed and kept her apartment as well as the visitation schedule. I find it hard to believe that a magistrate would find it in the children's best interest to have her named residential parent. She has mental issues, tried to kill herself not to mention asked me to take the kids less than a year ago because she was unfit. Her work record is sketchy whereas I've been employed at my work for 31 years. In 2008 I was awarded custody of my 12 YO son [from another relationship] which our kids adore. She has no other children. When she was responsible for taking them to school there were many late arrivals or absenses. Thus far in the '09-10 school year they have maintained / improved their grades and have perfect attendence.
 
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CJane

Senior Member
I didn't say she had a shot at becoming the residential parent. I said that for MORE TIME, all she'd have to do is show it's in the kids' best interests to spend more time with her.

Nothing you've posted indicated that it would be detrimental to the children to spend more time with their mother. And your other son? Means nothing in this scenario.
 

mcwjjm

Member
Hello again. Mother of my two youngest children filed a Motion for Custody.

Just received the judgement from the magistrate. Motion was denied. :) What a relief. Now she may be the one paying me C/S should I pursue.
 

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