Got temp custody of boys....what do I need to do to make permanent?

[helen7]

What is the name of your state? OHIO
I recently won temporary custody of my 2 boys from their mother. We did have shared parenting, but when the mom was going to go to court for contributing to a minor for not making our 6 year old go to school, I jumped on the chance to get full custody. A majistrate awared me temp custody. She did not even show up to the hearing. Also her own mother testified against her. We know that she is using drugs, but cant prove it. She has been talking lately and is saying that she has gotten a lawyer and is going to get them back. The boys are now enrolled in our school district and are doing very well. She does not work. Has no home of her own, (she lives with her boyfriend, the one that we have evidence of domestic violence). We (my wife and I) have been loging everything that has happened. When she calls, only 3 times in 3 weeks, when she sees them, only 1 time. She also has supervised visitation. My question is, we go back in a month for a final court date, what are the chances that she gets them back, and what do we have to do to make sure that dosnt happen? Advice please! Thanks.

 

[Phnx02]

What is the name of your state? OHIO
I recently won temporary custody of my 2 boys from their mother. We did have shared parenting, but when the mom was going to go to court for contributing to a minor for not making our 6 year old go to school, I jumped on the chance to get full custody. A majistrate awared me temp custody. She did not even show up to the hearing. Also her own mother testified against her. We know that she is using drugs, but cant prove it. She has been talking lately and is saying that she has gotten a lawyer and is going to get them back. The boys are now enrolled in our school district and are doing very well. She does not work. Has no home of her own, (she lives with her boyfriend, the one that we have evidence of domestic violence). We (my wife and I) have been loging everything that has happened. When she calls, only 3 times in 3 weeks, when she sees them, only 1 time. She also has supervised visitation. My question is, we go back in a month for a final court date, what are the chances that she gets them back, and what do we have to do to make sure that dosnt happen? Advice please! Thanks.

Sounds like you have a pretty good case for full custody. Make sure you tell the judge everything you mentioned here. Your ex will have to provide proof of a job and stable home environment. You can also ask she take a drug test. If you can, get a copy of her boyfriend's dv arrest record and take to court with you.

 

[casa]

What is the name of your state? OHIO
I recently won temporary custody of my 2 boys from their mother. We did have shared parenting, but when the mom was going to go to court for contributing to a minor for not making our 6 year old go to school, I jumped on the chance to get full custody. A majistrate awared me temp custody. She did not even show up to the hearing. Also her own mother testified against her. We know that she is using drugs, but cant prove it. She has been talking lately and is saying that she has gotten a lawyer and is going to get them back. The boys are now enrolled in our school district and are doing very well. She does not work. Has no home of her own, (she lives with her boyfriend, the one that we have evidence of domestic violence). We (my wife and I) have been loging everything that has happened. When she calls, only 3 times in 3 weeks, when she sees them, only 1 time. She also has supervised visitation. My question is, we go back in a month for a final court date, what are the chances that she gets them back, and what do we have to do to make sure that dosnt happen? Advice please! Thanks.

Based on what you've said- it seems you are going to be fine. Keep up with the supervised visitation and hope she follows through for the sake of your kids. If you suspect she is still using drugs- ask the court order drug testing. It's up to the judge to order it or not. If the judge does not order it, at least she is under supervised visitation. IF the supervision ends and at any time you suspect she is under the influence, contact the appropriate authorities.

On a non-legal note: have you secured some type of counseling for the children? This is a major adjustment and it would benefit them to have a professional help them work through the emotional quagmire that leaves behind.

Good Luck.

 

[helen7]

We are looking in to counciling now for them. They do have some problems to get through...but they seem to be doing very well so far. I have lots of evidence such as school records and notes and emails from teachers. Even my youngests previous teacher suspected meth use from the mom. I'm just worried because I know what kind of person she is, she has gotten out of a lot of jams. She lies alot. I know that they are better off here with us. I just want to do everything that I can to make sure that I keep them when we go back to court.

 

[bd420]

Regarding a judge ordered drug test

If you suspect she is still using drugs- ask the court order drug testing. It's up to the judge to order it or not. If the judge does not order it, at least she is under supervised visitation. IF the supervision ends and at any time you suspect she is under the influence, contact the appropriate authorities.
Good Luck.

Is the test administered Blood Work, or a hair sample? As you know, blood work is easier to 'prepare' for and get the drugs out of your system, whereas the hair sample would have traces for 30 days.

Thanks in advance.

 

[helen7]

Is the test administered Blood Work, or a hair sample? As you know, blood work is easier to 'prepare' for and get the drugs out of your system, whereas the hair sample would have traces for 30 days.

Thanks in advance.

Good question. My ex has gotten clean tests before by knowing when they will be done. I'm sure she will prepare for the chance for that to happen at our court date.

 

[casa]

Is the test administered Blood Work, or a hair sample? As you know, blood work is easier to 'prepare' for and get the drugs out of your system, whereas the hair sample would have traces for 30 days.

Thanks in advance.

well first of all, working with families in crisis- Drug testing is not necessarily what you read on the 'net. Secondly hair follicle can go back 120 days but for court purposes usually only 60 days- either way if she has a 'problem' it'll come out, even in UA (30 days)

Petition the court for a hair follicle and see what happens next.