What is the name of your state? Ohio
I am a single mother of a 2 year old boy. His father and I had agreed to a shared parenting plan that had NOT went to the magistrate to make a decision but had been filed in with the courts. We were going ahead and following the shared plan without a magistrates decision. On my son's last visit w/ his father I had called the father to find out how my son was doing, and what his schedule would have been for the day. He did not answer my calls, so I called him at work, in which he hung up on me. This made me worry that something was going on, considering that my sister was kidnapped from MY mother as an infant, I was worried that maybe he was considering this option. I called back twice to get information on where my son was at, he would not talk to me. He then about 15 minutes later had his mother call me back and let me know that she had my child. At this time, I told her that I was going to come and pick my son up, and she proceeded to tell me that she wouldn't be releasing him to me until 8 pm, as stated in the shared parenting plan that the lawyer had drawn up, but as i stated before had NOT gone before a magistrate. So from my understanding of OHIO law, it was my right as a single mother to go get him at anytime, for I have legal custody of him. She still refused to let me come and get him, it was at this time, that I told her that I would be bringing an officer w/ me to pick my son up. We went to her house, and she was not there, and neither was my son. The officer called another officer, and they called her on the phone to find out where she was with my child. She told the officers that she was at the courts finding out what her rights were, and refused to bring my child back to me. The officers finished up w/ her on the phone, and immediately called the courts to have her held there w/ my child, so i could come and retrieve him. When I got to the courts, She did not have my child, so I walked in and asked her where he was, she said she didn't know. The clerks grabbed me immediately took me back, and had me file for custody. During this time, the baby's father's mother filed a false restraining order on me, stating that I had threatened her on the phone, and tried to hurt her when i came into the court...what the hell. I had law enforcement handle it. The very next day the baby's father tried to file one on me as well, basically slandering me to the court to get a tpo. The court turned his down stating there was insufficient evidence. What he stated in his tpo was that i attempted to assault his mother, there stories don't even match. I do not have representation, I am just scared and don't know what to do. I feel that this was filed, just so she wouldn't have to give my son back to me, which if i was such a threat to my own son, and her, and her son, why on earth would they give my child back to me at 8 pm. which they did do. I have to go to court tomorrow, I guess i'm just looking for some kind of hope that they can't get by w/ false information. What happens when a petitioner files a false tpo? And what will happen to me if I am found guilty of something that i didn't do.
I am a single mother of a 2 year old boy. His father and I had agreed to a shared parenting plan that had NOT went to the magistrate to make a decision but had been filed in with the courts. We were going ahead and following the shared plan without a magistrates decision. On my son's last visit w/ his father I had called the father to find out how my son was doing, and what his schedule would have been for the day. He did not answer my calls, so I called him at work, in which he hung up on me. This made me worry that something was going on, considering that my sister was kidnapped from MY mother as an infant, I was worried that maybe he was considering this option. I called back twice to get information on where my son was at, he would not talk to me. He then about 15 minutes later had his mother call me back and let me know that she had my child. At this time, I told her that I was going to come and pick my son up, and she proceeded to tell me that she wouldn't be releasing him to me until 8 pm, as stated in the shared parenting plan that the lawyer had drawn up, but as i stated before had NOT gone before a magistrate. So from my understanding of OHIO law, it was my right as a single mother to go get him at anytime, for I have legal custody of him. She still refused to let me come and get him, it was at this time, that I told her that I would be bringing an officer w/ me to pick my son up. We went to her house, and she was not there, and neither was my son. The officer called another officer, and they called her on the phone to find out where she was with my child. She told the officers that she was at the courts finding out what her rights were, and refused to bring my child back to me. The officers finished up w/ her on the phone, and immediately called the courts to have her held there w/ my child, so i could come and retrieve him. When I got to the courts, She did not have my child, so I walked in and asked her where he was, she said she didn't know. The clerks grabbed me immediately took me back, and had me file for custody. During this time, the baby's father's mother filed a false restraining order on me, stating that I had threatened her on the phone, and tried to hurt her when i came into the court...what the hell. I had law enforcement handle it. The very next day the baby's father tried to file one on me as well, basically slandering me to the court to get a tpo. The court turned his down stating there was insufficient evidence. What he stated in his tpo was that i attempted to assault his mother, there stories don't even match. I do not have representation, I am just scared and don't know what to do. I feel that this was filed, just so she wouldn't have to give my son back to me, which if i was such a threat to my own son, and her, and her son, why on earth would they give my child back to me at 8 pm. which they did do. I have to go to court tomorrow, I guess i'm just looking for some kind of hope that they can't get by w/ false information. What happens when a petitioner files a false tpo? And what will happen to me if I am found guilty of something that i didn't do.