Custody can i move hearing to state that child is resident of?

[Zigner]

The same court that gave me custody also granted me child support so ...

That's an even further indicator that mom has NOT lost her rights to her child.

 

[Zigner]

boyfriend's mother had heart attack. Left house to go to hospital before sitter got there. She stated it was only a few minutes. Sitter was on her way Long enough that child bragged about being a big boy and staying home alone. But admits being a lil scared.

That could be 2 minutes...heck, it could have been 30 seconds. You really have nothing there.

 

[Kimamrhein]

That could be 2 minutes...heck, it could have been 30 seconds. You really have nothing there.

And if sitter had got in accident on way there? Or 7 yr old walked out the door? What if?

 

[Just Blue]

And if sitter had got in accident on way there? Or 7 yr old walked out the door? What if?

"What if" didn't happen so it's really not legally relevant. This was an emergency situation. Mom should have taken Jr. with her...but for whatever reason (and I'm sure she has a good one) she did not. She might end up having to take parenting classes. And she should.

Let me ask you...and please be honest...don't you want your daughter to take care of her child? Or do you want to keep custody till he is 18?

 

[Kimamrhein]

"What if" didn't happen so it's really not legally relevant. This was an emergency situation. Mom should have taken Jr. with her...but for whatever reason (and I'm sure she has a good one) she did not. She might end up having to take parenting classes. And she should.

Let me ask you...and please be honest...don't you want your daughter to take care of her child? Or do you want to keep custody till he is 18?

I want what's best for this little boy. Whether it be her or me. I want him to be raised by someone who will make him a priority. She gives him a great fun time when they visit but doesn't call for weeks between the visits. Has never been to a school/sport function. Doesn't understand my concern about being exposed to her many boy/girlfriends. I have done my absolute best to try and create a stable home. His dr and i have worked very close with finding an ADHD dosage that keeps him focusing in school but still allows him to be him. I have daily contact with his teacher, keep him involved in all the sports he loves, I don't want to keep him from her. I just want to know he's safe and a priority. He's never known anything but living with me. But honestly, as much as it'd hurt, if I thought he'd be better with her, I'd gladly let him go. This is all about him. Not me. Not her. His feelings, his childhood, the man he's going to become

 

[not2cleverRed]

I want what's best for this little boy. Whether it be her or me. I want him to be raised by someone who will make him a priority. She gives him a great fun time when they visit but doesn't call for weeks between the visits. Has never been to a school/sport function. Doesn't understand my concern about being exposed to her many boy/girlfriends. I have done my absolute best to try and create a stable home. His dr and i have worked very close with finding an ADHD dosage that keeps him focusing in school but still allows him to be him. I have daily contact with his teacher, keep him involved in all the sports he loves, I don't want to keep him from her. I just want to know he's safe and a priority. He's never known anything but living with me. But honestly, as much as it'd hurt, if I thought he'd be better with her, I'd gladly let him go. This is all about him. Not me. Not her. His feelings, his childhood, the man he's going to become

Here's the thing... She left him alone for the time it took the sitter to get there in an emergency situation. Could the sitter have gotten into an accident along the way? Perhaps. But I kind of see this as a "one off" situation, and she's not about to do that again.

If there was a pattern of her leaving the kid alone, or endangering him, that would be something to stand on.

Instead, you deny the vacation, so she's going for custody...

 

[HRZ]

A child of 7 being left alone with sitter on the way is perhaps not the wisest of moves but if it's related to a rush hospital visit ..I do NOT think that's a good example of Mom being unfit/irresponsiblen

...does Mom pay child support as ordered?
.

 

[LdiJ]

I am confused. It appears as though she was replying to a lot of people who asked her questions with her string of posts, but there are no posts there.

 

[LdiJ]

I want what's best for this little boy. Whether it be her or me. I want him to be raised by someone who will make him a priority. She gives him a great fun time when they visit but doesn't call for weeks between the visits. Has never been to a school/sport function. Doesn't understand my concern about being exposed to her many boy/girlfriends. I have done my absolute best to try and create a stable home. His dr and i have worked very close with finding an ADHD dosage that keeps him focusing in school but still allows him to be him. I have daily contact with his teacher, keep him involved in all the sports he loves, I don't want to keep him from her. I just want to know he's safe and a priority. He's never known anything but living with me. But honestly, as much as it'd hurt, if I thought he'd be better with her, I'd gladly let him go. This is all about him. Not me. Not her. His feelings, his childhood, the man he's going to become

You could talk to an attorney about trying to change jurisdiction to Michigan based on "inconvenient forum". However, that is a long shot. It is however worth at least a discussion with an attorney in Ohio.

Also, according to an Ohio family law attorney who posts here frequently, because you have actual custody of the child it would require a significant change in circumstance for mom to take custody away from you. I am also guessing that the fact that mom gave a child born after your grandson up for adoption two years ago would factor in as well. That would tend to indicate that mom is not really prepared to be a full time parent.

What I do however believe will happen here, is that at least mom will walk away from this court case with a formal, court ordered parenting schedule that you will be required to obey if you do not want to risk losing custody of the child. When that happens, you will not have the authority to say no to anything that happens on mom's court ordered time, let alone the authority to say no to a vacation.

 

[HRZ]

AT least as posted, there does not seem to be any ordered visitation rights. So if true, the OP has not violated anything or denied any provision by not allowing Mom to take child on a FL vacation.

I ask again, is Mom paying support as ordered ? How much is ordered?

 

[Ohiogal]

You could talk to an attorney about trying to change jurisdiction to Michigan based on "inconvenient forum". However, that is a long shot. It is however worth at least a discussion with an attorney in Ohio.

Also, according to an Ohio family law attorney who posts here frequently, because you have actual custody of the child it would require a significant change in circumstance for mom to take custody away from you. I am also guessing that the fact that mom gave a child born after your grandson up for adoption two years ago would factor in as well. That would tend to indicate that mom is not really prepared to be a full time parent.

What I do however believe will happen here, is that at least mom will walk away from this court case with a formal, court ordered parenting schedule that you will be required to obey if you do not want to risk losing custody of the child. When that happens, you will not have the authority to say no to anything that happens on mom's court ordered time, let alone the authority to say no to a vacation.

If mom agreed to a change in custody, new case law states that it doesn't require a substantial change in circumstance because there was not a finding of unsuitability and therefore it would require ONLY best interests. So QUIT quoting me improperly when you allegedly have had me blocked for god knows how long, LD. You don't know the law, LD, and I have posted about the new caselaw.

Mother putting up another child for adoption WILL not factor in. It has nothing to do with this CHILD.

OP, you might have been able to change jurisdiction PRIOR to mom filing for custody but there is an open case and you won't be able to change jurisdiction when there is an open case. Mom filed in the proper jurisdiction. She still lives in Ohio and therefore unless you had filed PRIOR to mom reopening the case to move it to Michigan, you are going to be going to court in Ohio.

You are NOT this child's mother. He has a mother. He has a father. Get out the court order that granted you custody. Since mom has a child support, she has parental rights and this is similar to a divorce situation. Without a finding of unsuitability, in Ohio, this is based strictly on a best interest and the best interest factors.

The fact that you didn't properly notify the court of your move is a nonstarter if you have lived in Michigan for two years. But yes, you had to follow the law and you didn't.

As for leaving a 7.5 year old alone, there is no age in Ohio where that is illegal as long as the child knows the proper things to do. Nothing happened to the child. While maybe not the best decision, it is not illegal for Mother to have done that.

Expect if custody doesn't change that mom will get a standard visitation plan and depending on how far apart the two of you are it could be every other weekend, alternating holidays and half the summer, or more of a long distance plan.

Do yourself a favor though and ignore LDIJ. Because she doesn't know the law and she keeps telling people wrong. JustBlue was also incorrect when she said this was guardianship but you have since clarified that with everyone.

 

[Ohiogal]

AT least as posted, there does not seem to be any ordered visitation rights. So if true, the OP has not violated anything or denied any provision by not allowing Mom to take child on a FL vacation.

I ask again, is Mom paying support as ordered ? How much is ordered?

Then quite frankly whatever court ordered custody screwed up because visitation is supposed to also be dealt with at the time of the custody decision. OP needs to read her papers carefully.

 

[Just Blue]

I am confused. It appears as though she was replying to a lot of people who asked her questions with her string of posts, but there are no posts there.

There are over 3 pages of responses...perhaps you should unblock members if you wish to see said replies.

 

[HRZ]

OG may welll be correct that your prior failure to take proper notification steps a few years back is a nonstarter in Ohio ....but all the more reason you are going to need Ohio legal counsel in this matter

 

[Ohiogal]

OG may welll be correct that your prior failure to take proper notification steps a few years back is a nonstarter in Ohio ....but all the more reason you are going to need Ohio legal counsel in this matter

Considering custody is what I do as an Ohio attorney... yeah I am right about that. But the case will happen in Ohio and she should get counsel.