Legal options to file for joint, possibly full custody - Ohio

[vermilionlady]

What is the name of your state? Ohio
What are the options of filing for joint custody? My husband's daughter is 11, she resides with her mother, with some very needed utilities not even functional. Most of the time she stays with the maternal grandmother, who pays for almost everything for her. When I say almost everything, what the grand mother does not pay, we do. The mother does nothing with her daughter, or pays anythinig for her daughter. Her school clothes were bought by the grandmother and myself. She goes on school trips that her father and I pay for. We pay over $400 a month in child support, yet not even the grandmother has seen a penny, nor has the child.
Now there is a boyfriend in the household that treats her badly and the other daughter well. He tells my step daughter that he treats her sister better because her father isnt around and my step daughter's father is.
Now they are threatening to move out of town and enrolling her into a "not so good" school system. Not to mwntion the neighborhood has a VERY high crime rate. The current school system is one of the best and she is doing very well were she is.
I suggested that we file for joint custody to have her reside here atleast Mon - Friday so that she can remain in her current school system.
Apparently because of the living conditions the mother has no choice but to move, she also claims because she has a record no one will employ her in this town (or rent to her).

We do not what so ever want to "take" the child from the grandmother or mother, we just have the best interests for the child in mind. We have talked to the grandmother and she agrees with us and has even offered to take the child in her home. She has practically raised her from birth anyway;therefore, she is VERY close to her grandmother. But we feel that if she does that child support order will HAVE to be changed to her.
As much as we want to take her in our home, it will be very difficult because of work and school conflicts, but if we have to we definately will and make it work, and the grandmother has already offered to help in any way she can. It helps that she lives within a mle from our home.

OK, sorry about the length, but there is definately more that I can say that will show that the child should not be living in the mother's home.
Now to my question, can we petition the courts for these actions, or do we have to obtain an expensive lawyer? We really do not have the monies to hire an attorney. I was hoping with all of the facts that we have, we could fill out some paperwork and maybe pay a filing fee or something without dragging in lawyers.
What gets me is if we do get a lawyer it could cost us thousands and all she has to do is go to "assistance dept" and get a free lawyer that we pay for through taxes!!

 

[LdiJ]

Trying to accomplish a custody change, without an attorney, is almost an impossible thing to do.

 

[CJane]

Trying to accomplish a custody change, without an attorney, is almost an impossible thing to do.

Particularly when your main gripe is that gramma is practically raising the child, and then you go on to say that the gramma will still be practically raising the child.

 

[vermilionlady]

We don't mind the gramma raising her, because we will be in her life more than ever, just gramma will be basically making sure she gets off to school, does her homework, eats, etc. This because while she is in school, we are home and as soon as she gets home from school we will be on our way to work. So neither him or I am there to do the "parenting" Saturday morning through Monday morning, we will have her. Gramma is basically going to be the "live in babysitter" but in her home, down the street from us.
As far as the custody, the new boyfriend of the mother is constantly threatening my step daughter that he can stop her from coming over here and the grandmas. Because she was conceived when both parents were VERY young, they were never married nor have there ever been court appointed visitation.
I want the mother to be able to see the daughter anytime she wants, we just want to make sure that it will be in a safe environment. And if we have the grandma gain guardianship or have joint custody gratned, we would be able to transfer the child support to the grandmother and not the mother. Then it will be spent to the child's benefit and not on drugs alcohol and tobacco products, then she could have heat and water in her home as should everyone.

 

[CJane]

We don't mind the gramma raising her, because we will be in her life more than ever, just gramma will be basically making sure she gets off to school, does her homework, eats, etc. This because while she is in school, we are home and as soon as she gets home from school we will be on our way to work. So neither him or I am there to do the "parenting" Saturday morning through Monday morning, we will have her. Gramma is basically going to be the "live in babysitter" but in her home, down the street from us.

Honestly? It will be an extremely cold day in an extremely hot place before the father of this child is granted custody so that he can transfer parenting to the grandmother.

As far as the custody, the new boyfriend of the mother is constantly threatening my step daughter that he can stop her from coming over here and the grandmas. Because she was conceived when both parents were VERY young, they were never married nor have there ever been court appointed visitation.

Given the bolded portion, he's very nearly right. HE can't keep the child from visiting per se, but he can certainly influence MOM to keep the child from visiting and she'd be well within her legal rights.

Also, because Dad has never pursued legal custody in any form, it's even LESS likely he'd be granted primary custody.

I want the mother to be able to see the daughter anytime she wants, we just want to make sure that it will be in a safe environment.

What YOU want is immaterial. And, since Dad has no legally protected rights at this point, what HE wants is immaterial. Your opinion of Mom's environment is also immaterial. If you believe the child is being neglected, call Child Protective Services.

And if we have the grandma gain guardianship or have joint custody gratned,

Not gonna happen.

we would be able to transfer the child support to the grandmother and not the mother. Then it will be spent to the child's benefit and not on drugs alcohol and tobacco products,

Your perception of how CS is spent is immaterial.

When was the last time CS was evaluated/modified?

then she could have heat and water in her home as should everyone.

Again, if you think the child is being neglected, call CPS. But there are plenty of people who live w/out central heat or adequate plumbing. That alone is not going to get the child removed. And even if she WAS removed, CPS would institute a 'reunification plan' that would be focused on MOM regaining custody.