Child custody...

[singledad2020]

Alright, i have a 8 year old daughter which i was there everyday for 8 years until her mother uprooted her when they left to ohio i'm currently in Florida. I've always paid child support and we never had a custody order in place at all. well now shes been in Ohio for over a year the mother has been into drugs and my daughter has called 911 because her mom was passed out. besides that i know for a fact shes on meth shes in psychosis and has been in the mental hospital for two weeks then was released well her mother got concerned and put a protective order on her so that she can't see my daughter so currently the grandmother has i guess what they called temp custody? I've called and they can't really tell me anything which is odd. Well the Grandmother and the mother both have a past and have been in trouble for drugs and both have it on their records. But the grandmother acts like it's her child and doesn't want me having custody and taking her my back to my state (Florida) so i filed custody papers in Ohio the other day and waiting for a court date. Since i can't be at the hearing because of how far i live they agreed saying i could do a telephone call for the hearing. My question is do i have much to worry about getting FULL custody? I've never been arrested or been an unfit parent or even had a speeding ticket. I didn't get a lawyer because i felt like this case was open and shut with the mother having a protective order on her for our child. im just wondering if cases like this usually go to trail?

 

[LdiJ]

Alright, i have a 8 year old daughter which i was there everyday for 8 years until her mother uprooted her when they left to ohio i'm currently in Florida. I've always paid child support and we never had a custody order in place at all. well now shes been in Ohio for over a year the mother has been into drugs and my daughter has called 911 because her mom was passed out. besides that i know for a fact shes on meth shes in psychosis and has been in the mental hospital for two weeks then was released well her mother got concerned and put a protective order on her so that she can't see my daughter so currently the grandmother has i guess what they called temp custody? I've called and they can't really tell me anything which is odd. Well the Grandmother and the mother both have a past and have been in trouble for drugs and both have it on their records. But the grandmother acts like it's her child and doesn't want me having custody and taking her my back to my state (Florida) so i filed custody papers in Ohio the other day and waiting for a court date. Since i can't be at the hearing because of how far i live they agreed saying i could do a telephone call for the hearing. My question is do i have much to worry about getting FULL custody? I've never been arrested or been an unfit parent or even had a speeding ticket. I didn't get a lawyer because i felt like this case was open and shut with the mother having a protective order on her for our child. im just wondering if cases like this usually go to trail?

Not being there for court is not going to help you. You want to uproot the child and take her many states away. It would be a pretty strong case for you if you were present for court. I am not sure it will be as strong with a telephonic appearance. Yes, the case will go to trial because due process has to be followed, unless mom (and grandma too to some extent) simply rolls over and plays dead. Please consider being present for court. Find a way to do it.

 

[zddoodah]

we never had a custody order in place at all.

Ok, so first question is whether your paternity was ever established in any way and, if so, how was it established?

I've called and they can't really tell me anything which is odd.

Called whom? Who are "they"?

the Grandmother and the mother both have a past

As we all do.

Since i can't be at the hearing because of how far i live they agreed saying i could do a telephone call for the hearing.

I assume this "they" refers to the court. Correct?

My question is do i have much to worry about getting FULL custody?

I would assume so, but your post hardly provides enough factual information to allow for any sort of intelligent assessment. For starters, it doesn't really sound like this child has ever lived with you, and it's not clear when the last time you even saw the child was. You want "full custody" but won't even travel for the hearing?

I didn't get a lawyer because i felt like this case was open and shut with the mother having a protective order on her for our child. im just wondering if cases like this usually go to trail?

That's one of about umpteen dozen reasons why you SHOULD have a lawyer. "Open and shut" cases tend to become something else entirely when handled by folks who don't know the law or procedural rules.

 

[singledad2020]

Ok, so first question is whether your paternity was ever established in any way and, if so, how was it established?




Called whom? Who are "they"?




As we all do.




I assume this "they" refers to the court. Correct?




I would assume so, but your post hardly provides enough factual information to allow for any sort of intelligent assessment. For starters, it doesn't really sound like this child has ever lived with you, and it's not clear when the last time you even saw the child was. You want "full custody" but won't even travel for the hearing?




That's one of about umpteen dozen reasons why you SHOULD have a lawyer. "Open and shut" cases tend to become something else entirely when handled by folks who don't know the law or procedural rules.

We had an child support hearing and i've been paying child support but it's been so long ago i believe it was by Voluntary Acknowledgement also i'm on the birth certificate. and i called the juvenile courts they couldn't give me any kind of info over the phone. And me and my daughters mother lived with each other mostly for the 8 years but there was an child support order that came after me when she applied for any kind of benefits. And i saw my child a year ago. And i will travel for the hearing but i have a full time job and to travel 20 hours for each hearing and if goes to trial i was just trying to get an idea how far this could really go. I mean the mother doesn't have custody she has a NO contact order by the courts. and i understand "we all have a past" so when its about the child best interest and being safe having drug charges on file shouldn't be able to help ur case.

 

[LdiJ]

We had an child support hearing and i've been paying child support but it's been so long ago i believe it was by Voluntary Acknowledgement also i'm on the birth certificate. and i called the juvenile courts they couldn't give me any kind of info over the phone. And me and my daughters mother lived with each other mostly for the 8 years but there was an child support order that came after me when she applied for any kind of benefits. And i saw my child a year ago. And i will travel for the hearing but i have a full time job and to travel 20 hours for each hearing and if goes to trial i was just trying to get an idea how far this could really go. I mean the mother doesn't have custody she has a NO contact order by the courts. and i understand "we all have a past" so when its about the child best interest and being safe having drug charges on file shouldn't be able to help ur case.

Did CPS get involved and place the child with the grandmother? Is that how the no contact order came into place? If so, then the whole situation is going to be more complicated than just filing for custody. You really NEED an attorney.

 

[singledad2020]

Did CPS get involved and place the child with the grandmother? Is that how the no contact order came into place? If so, then the whole situation is going to be more complicated than just filing for custody. You really NEED an attorney.

No. The grandmother got the restraining order on her. And they had a court date which the mother didn't show up to and the judge told the grandma to get custody she would have to go thru juvenile court but it's all unclear if the grandmother has temp custody. She's with the grandmother because the mother isn't allowed around.

 

[LdiJ]

No. The grandmother got the restraining order on her. And they had a court date which the mother didn't show up to and the judge told the grandma to get custody she would have to go thru juvenile court but it's all unclear if the grandmother has temp custody. She's with the grandmother because the mother isn't allowed around.

That is an odd situation. Grandmother or not, the idea of a judge granting a restraining order, including a child on that order, against the parent with custody, to a non-parent without custody is definitely strange. I could see mom being restrained from being around grandma, but not from being around her own child. At least not without CPS involvement and the child being legally placed with grandma.

That just convinces me even more that you need an attorney.

 

[singledad2020]

That is an odd situation. Grandmother or not, the idea of a judge granting a restraining order, including a child on that order, against the parent with custody, to a non-parent without custody is definitely strange. I could see mom being restrained from being around grandma, but not from being around her own child. At least not without CPS involvement and the child being legally placed with grandma.

That just convinces me even more that you need an attorney.

Yeah. I only know what the grandmother has told me. Apparently from my daughter calling 911 while the mother was watching her and then going to mental hospital she said judge probated her with all the evidence and approved the restraining order cause the daughter wasn't safe to be with her.

 

[LdiJ]

Yeah. I only know what the grandmother has told me. Apparently from my daughter calling 911 while the mother was watching her and then going to mental hospital she said judge probated her with all the evidence and approved the restraining order cause the daughter wasn't safe to be with her.

Odds are that grandma is not telling you the whole truth.

 

[Ohiogal]

Were you served for the custody or ETC for your child? If not then there is a big issue and could be considered void.

 

[singledad2020]

Were you served for the custody or ETC for your child? If not then there is a big issue and could be considered void.

No. I filed the custody papers on my own so I can have some kind of custody order in place.

 

[Ohiogal]

How did grandma get custody? Did she file a motion? Were you served with a copy of that motion?

 

[singledad2020]

How did grandma get custody? Did she file a motion? Were you served with a copy of that motion?

It's quite confusing I don't think the gma actually has custody. She went to the court house to get a restraining order which with everything they know about the mother they approved it then they went to court and the judge told the gma to get custody to go to juvenile court. I guess my child is just living with the gma until cps investigate more the other does currently have a case worker I've been told

 

[Ohiogal]

CPS without a court order does not have the right to interfere with your custody. You need an attorney.