Ohio - Mom moves to KY - Legal?

[>Charlotte<]

Kentucky statutes indicate that the court "may interview the child in chambers to ascertain the child's wishes as to his custodian and as to visitation. The court may permit counsel to be present at the interview. The court shall cause a record of the interview to be made and to be part of the record in the case."

It will apparently depend upon whether the judge wants to speak to the child.

Edit: Oops, I blew through the thread too fast. I didn't notice this is Kentucky and Ohio.

 

[Ohiogal]

Kentucky statutes indicate that the court "may interview the child in chambers to ascertain the child's wishes as to his custodian and as to visitation. The court may permit counsel to be present at the interview. The court shall cause a record of the interview to be made and to be part of the record in the case."

It will apparently depend upon whether the judge wants to speak to the child.

Edit: Oops, I blew through the thread too fast. I didn't notice this is Kentucky and Ohio.

Just posted Ohio.

 

[mcwjjm]

The court first shall determine the reasoning ability of the child. If the court determines that the child does not have sufficient reasoning ability to express the child&#8217;s wishes and concern with respect to the allocation of parental rights and responsibilities for the care of the child, it shall not determine the child&#8217;s wishes and concerns with respect to the allocation. If the court determines that the child has sufficient reasoning ability to express the child&#8217;s wishes or concerns with respect to the allocation, it then shall determine whether, because of special circumstances, it would not be in the best interest of the child to determine the child&#8217;s wishes and concerns with respect to the allocation. If the court determines that, because of special circumstances, it would not be in the best interest of the child to determine the child&#8217;s wishes and concerns with respect to the allocation, it shall not determine the child&#8217;s wishes and concerns with respect to the allocation and shall enter its written findings of fact and opinion in the journal. If the court determines that it would be in the best interests of the child to determine the child&#8217;s wishes and concerns with respect to the allocation, it shall proceed to make that determination.

Thanks. My child has had diificulty in school since 1st grade - on a I.E.P. since grade 1, failed grade 2 and dispite "failing status" last year passed along. He was seen by Children's Hospital Behavoral Health in the Spring of '04 where it was concluded he had serious mental issues and the mother urged to seek an evaluation from a psychologist. This was only brought to my attention @ a P/T conference in May, 2007. I made appointments the mother never kept and only till I got the school involved and we threatened her with Children's Services did she find a mental health specialist [Feb. '08]. My son has possible psychosis and processing disorders. All the documents I have support he is very confused and incapable of functioning as a normal child his age. I met with his psychologist last Friday and expect his report / recommendations in 10 days. Oddly enough, he has never spoken with / met my son's mother about our son's condition.

Thanks for all the info. I will print that out.

 

[Isis1]

Thanks. My child has had diificulty in school since 1st grade - on a I.E.P. since grade 1, failed grade 2 and dispite "failing status" last year passed along. He was seen by Children's Hospital Behavoral Health in the Spring of '04 where it was concluded he had serious mental issues and the mother urged to seek an evaluation from a psychologist. This was only brought to my attention @ a P/T conference in May, 2007. I made appointments the mother never kept and only till I got the school involved and we threatened her with Children's Services did she find a mental health specialist [Feb. '08]. My son has possible psychosis and processing disorders. All the documents I have support he is very confused and incapable of functioning as a normal child his age. I met with his psychologist last Friday and expect his report / recommendations in 10 days. Oddly enough, he has never spoken with / met my son's mother about our son's condition.

i have GOT to jump in here. do you think, just possibly THINK that maybe YOU and MOM might be the cause of your child's lack of development?? child with seperated parents and high dysfunctional relationship CAN be part cause. why do i think it might be something to look at? because my 6 year old was being tossed around therapists, IEP programs, behavioral therapy. Are YOU as a parent attending therapy along with the child? are YOU as a parent familiar with the IEP and working with the child at home in the same manner?

i'm all for therapy, but it does the child no good if BOTH parents aren't educating themselves with the same behavior techniques as the therapists.

 

[mcwjjm]

i have GOT to jump in here. do you think, just possibly THINK that maybe YOU and MOM might be the cause of your child's lack of development?? child with seperated parents and high dysfunctional relationship CAN be part cause. why do i think it might be something to look at? because my 6 year old was being tossed around therapists, IEP programs, behavioral therapy. Are YOU as a parent attending therapy along with the child? are YOU as a parent familiar with the IEP and working with the child at home in the same manner?

i'm all for therapy, but it does the child no good if BOTH parents aren't educating themselves with the same behavior techniques as the therapists.

Of course, the fact we are seperated isn't a benefit to our son but you don't know the all the details. One of my main gripes is that the mother has sat on the urgent request for mental health testing for our son for three years! If I didn't pressure the principal at school last year she wouldn't have bothered to do anything. I contacted the principal two weeks ago and she gave me access to his student file. I was amazed at all the documentation of her missing P/T conferences, not keeping multiple appts with mental health specialists the school made for her. I accept the fact the responsibilty falls on both of us but as the non-custodial parent I dependant on what the mom passes along, and even when I ask teh school to keep me updated it doesn't always happen. The mom contacted a mental health specialists in February, and kept the initial appt. She also made / kept another appt to speak about meds. She has never once seen or spoken with the pyschologist to discuss the school reports on him or discuss his problems. I'm the only one who's seen him and we worked together to get the school to do their initial screening. Now I'm working with him on his report which the school needs for a special ed plan. I'm familiar with the I.E.P., where you establish goals you want to see your child realize and work with the school to make it happen. I know I have a lot still left to learn about helping my son, my concern is his mother's "hands off" approach.

 

[mcwjjm]

Mediation prior to Emergency Motion for Custody Hearing

Initially, I filed a custody motion against my son's mother. The same day I filed a emergency motion for custody. At the time of 1st motion the clerk said I would be receiving a mediation letter prior to our October court date. In the mean time at our EMC hearing last Tuesday she filed a continuance. Our next court date is August 12th. A few days ago I received a mediation letter for August 4th. Should we / I attend this meeting or are we just spinning our wheels? Thanks.

 

[Isis1]

Initially, I filed a custody motion against my son's mother. The same day I filed a emergency motion for custody. At the time of 1st motion the clerk said I would be receiving a mediation letter prior to our October court date. In the mean time at our EMC hearing last Tuesday she filed a continuance. Our next court date is August 12th. A few days ago I received a mediation letter for August 4th. Should we / I attend this meeting or are we just spinning our wheels? Thanks.

go to the mediation. mediation is always a good thing.

 

[Isis1]

Of course, the fact we are seperated isn't a benefit to our son but you don't know the all the details. One of my main gripes is that the mother has sat on the urgent request for mental health testing for our son for three years! If I didn't pressure the principal at school last year she wouldn't have bothered to do anything. I contacted the principal two weeks ago and she gave me access to his student file. I was amazed at all the documentation of her missing P/T conferences, not keeping multiple appts with mental health specialists the school made for her. I accept the fact the responsibilty falls on both of us but as the non-custodial parent I dependant on what the mom passes along, and even when I ask teh school to keep me updated it doesn't always happen. The mom contacted a mental health specialists in February, and kept the initial appt. She also made / kept another appt to speak about meds. She has never once seen or spoken with the pyschologist to discuss the school reports on him or discuss his problems. I'm the only one who's seen him and we worked together to get the school to do their initial screening. Now I'm working with him on his report which the school needs for a special ed plan. I'm familiar with the I.E.P., where you establish goals you want to see your child realize and work with the school to make it happen. I know I have a lot still left to learn about helping my son, my concern is his mother's "hands off" approach.

lesson learned, stop being dependent on mom. you be proactive.

if mom is hands off, then you be hands on.

 

[mcwjjm]

lesson learned, stop being dependent on mom. you be proactive.

if mom is hands off, then you be hands on.

I've been proactive. But I can only ask the schools to add me to their mailing list, not drop the letter in the mail for them. And there is no way the teacher can duplicate everything she sends home in his book bag to me, so I'm dependant to some extent on what she tells me [and the teachers are bad about returning calls]. I can't make monitor if his homework is completed nightly. She never brought up the school's request for a mental evaluation of our son in '04 and the school never once mentioned it in our P/T conferences. It was only brought to my attention in another P/T conference in another school district two years later! Considering my son's condition, and her inability / willingness to assume responsibility, I really need to oversee his day-to-day care.

 

[mcwjjm]

go to the mediation. mediation is always a good thing.

I agree, but knowing what I know now I have zero wiggle room to mediate anything with her. I know she doesn't want me to have custody so there isn't much to discuss. I'll go but if I'd just filed the EMC petition initially there wouldn't have even been a mediation hearing [correrct?].

 

[mcwjjm]

Update

Went to mediation last week. We both agreed on a visitation schedule [regardless of custody] that was formalized into a "Agreed Entry" for the courts consideration. At the "Emergency Motion for Custody" hearing this week the judge didn't allow my emergency motion but did order that the child not be moved out of the jurisdiction until our court date / judgement is reached in October. So victory for me.

On another note her psychologist did finalize his report / assessment for our son. He diagnosed him with "Shared Psychotic Disorder" which "is a rare condition in which an otherwise healthy person (secondary case) shares the delusions of a person with a psychotic disorder. This disorder usually occurs only in long-term relationships in which one person is dominant and the other is passive. In most cases, the person in whom the delusions are induced is dependent on or submissive to the person with the psychotic disorder. The people involved often are reclusive or otherwise isolated from society and have close emotional links with each other." He recommended that it's not in his best interest for him to live with his mother.

In the order the judge gave both parties consent to seek medical and psychological treatment for the patient. Another victory as the mother is reluctant to sign the "consent to release" waiver from the doctor so I could get a copy of the report.

I also got her to acknowledge that she hasn't enrolled him in school yet and that she doesn't have a working phone. Knowing he's not moving I'll put my parenting plan into motion [additional testing, tutoring, meet with school officials for a academic plan for the '08-'09 year]. Once I get a copy of the report I'll have all of the documentation to support my case. The court scheduled home visits for both parties. Good.

One question, how do I go about getting a subpoena for the psychologist as a expert wtness so I may submit his report in court? Thanks.

 

[mcwjjm]

Subpoena witness for custody hearing

The custodial parent is refusing to sign the "consent to release" form for the doctor's office. The psychologist has finished his evaluation but w/o the release I or the school won't have access and be able to establish an I.E.P. for him this school year. In our emergency motion for custody order it states that "both parties have consent to emergency medical and psychological treatment" but the office still won't release anything because it doesn't mention medical records specifically. I've asked her to set up an I.E.P. with the new school but I can't count on her to follow through on anything. I will meet with the principal tomarrow to see if she can pressure the mom to get them the report.

Regardless if she signs the release or not I still need to subpoena the psychologist to admit the report in our custody hearing. What's the protocol to subpoena the doctor?

Update: The mom / son have moved back in w/her grandparents and enrolled him in another school, his 5th in 6 years. Thanks for your continued help.