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Custody Case, What to expect

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jeff2006

Junior Member
What is the name of your state? Ohio
I am the father of a 4 year old boy. His mother lives in Michigan. He was born in Michigan. His mother and I were never married. In January of 2005, his mother asked me to come get him for a while because she was pregnant (not by me) and couldn’t handle my son while she was that far along in her pregnancy. When I brought him home to Ohio, I realized the following things:

His 4 front teeth were rotten
His immunizations were more than 2 years behind
He was not potty trained (3 years old)
He was drinking from a bottle (3 years old)
His 2 sisters (ages 14 & 10, not my children) had been raising him, his mother is hardly ever home. (Cant really prove this one)

Needless to say, I got his teeth pulled, and I have the dentist’s report saying how bad they were and how urgently it needed done. I got him caught up on his shots, and have the documentation to prove that. I potty trained him and got him off of his bottle, I have notarized letters from the 2 babysitters that he has gone to since I have had him, attesting to the drastic improvement in his development between January 2005 and now. In June of 2005, she asked me to bring him back to her. I refused, because at the time he wasn’t caught up on his shots yet, and I was concerned that he would never get him. In talking to his mother then, I decided that I was going to file for custody. At no time has I ever said that she couldn’t come get him. She has my address and phone numbers, as I have sent her numerous letters (UPS Signature required, which she signed for) with my return address. I have copies of those letters. I have my phone records which show that she calls me on average once a month, which should prove that she still has contact with us, but has decided not to come get him. I filed for custody in January of 2006 in my county, because he has lived here for over 6 months. My court date is next week. They sent her the summons via certified mail, she refused delivery. They then sent the summons via regular mail, per our courts rules. I would be very surprised if she shows up. I have all my paperwork in order basically backing up all the claims I am making. What am I expecting when I head into that courtroom next week if she doesn’t show up? What if she does? I tried to be as detailed as possible, but if I left anything out, please let me know.
 


jeff2006

Junior Member
Im afraid they will try to continue it for whatever reason, give her a second chance to show up. Is that possible?
 

Halls

Member
that could always happen Jeff, but it sounds to me like she isn't going to show up and that the judge will likely grant you custody. My best friends DH had similar issues with his son. He went to court to get custody of his son and mom didn't show up. There were no continuances and he won custody because of it and 10 years later he still has custody of his son.
 

RizoM

Junior Member
Good Luck

Jeff,

Just wanted to wish you luck! It seems you are a great dad and you deserve to have custody of your child. I am a woman, but I believe a child should be with the most responsible and loving parent...and that is you. God Bless.

M
 

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