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Third Party Custody Filing and Open Cases

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Bhahn75

Junior Member
What is the name of your state? Ohio

I posted before about my case, so quick background. My son is in the military and his PDS is out of the country. I was awarded his parenting time while he is not stationed in the state (joint custody case). Before he left, begining of December 2017, he took his son to an allergy doctor. The treatment plan was 2 shots once a week and a tsp of Claritin daily. He informed the mother of his actions. Things were going well with me taking the child for his shots and visitation until I asked dr to call in medication for child’s psorarisis at the end of January 2018. Mom denied vistitation until I took her back to court for contempt. We had a hearing in June and mom was found guilty with 60 days to purge. Since June mom has denied holiday and one other visitation. She also filed for modification on MY visitation. Her reasoning is that the child, who’s just turning 2 next week, doesnt like to come with me and there are other relatives that would like to spend time with the child. She also didnt file the parenting affidavit that is required. Ive since filed another contempt charge against her, a motion for dismissal due to my not being a party to the case, AS IT PERTAINS TO HER, and because the affidavit is missing.

My question is now whether I can file for custody based on medical neglect since the child isnt being seen by the allergy doctor, or ask for more visitation time with the child, or joint custody with her? (Seems if im going to file and pay the fee, why not do it with one motion?) And for lack of following the court orders. My son is in agreement with me. The child is now back to being on antibiotics every month. Mom has also moved 6 times in the last 8 months; has gotten married to a kid, 20, who shes only been dating since March. Yet, has been “in love” with at least 4 other guys. I have messages from her stating as much, as well as issues with mom wanting to hurt herself because of their rejection. She refuses to allow Facetime with my son. Its confusing for the child because he doesnt know who his dad is, but he calls the new guy dad. Im not opposed to that, per se, but shouldnt she be correcting him with thats daddy joe? Can I ask for counseling with her? Or what can the court do for the childs best interest? Mom is also supposed to be on psych meds and hasnt taken them since September.

I know that jail time is probably out of the question for the contempt, but is this a possibility?

Sorry this is so long. Just trying to give an accurate look at our current situation. Thanks in advance.
 


Just Blue

Senior Member
She refuses to allow Facetime with my son.


Sorry this is so long. Just trying to give an accurate look at our current situation. Thanks in advance.
This is not your son. And if you kept it to a single thread it would be easier for the Volunteers.
 

LdiJ

Senior Member
What is the name of your state? Ohio

I posted before about my case, so quick background. My son is in the military and his PDS is out of the country. I was awarded his parenting time while he is not stationed in the state (joint custody case). Before he left, begining of December 2017, he took his son to an allergy doctor. The treatment plan was 2 shots once a week and a tsp of Claritin daily. He informed the mother of his actions. Things were going well with me taking the child for his shots and visitation until I asked dr to call in medication for child’s psorarisis at the end of January 2018. Mom denied vistitation until I took her back to court for contempt. We had a hearing in June and mom was found guilty with 60 days to purge. Since June mom has denied holiday and one other visitation. She also filed for modification on MY visitation. Her reasoning is that the child, who’s just turning 2 next week, doesnt like to come with me and there are other relatives that would like to spend time with the child. She also didnt file the parenting affidavit that is required. Ive since filed another contempt charge against her, a motion for dismissal due to my not being a party to the case, AS IT PERTAINS TO HER, and because the affidavit is missing.

My question is now whether I can file for custody based on medical neglect since the child isnt being seen by the allergy doctor, or ask for more visitation time with the child, or joint custody with her? (Seems if im going to file and pay the fee, why not do it with one motion?) And for lack of following the court orders. My son is in agreement with me. The child is now back to being on antibiotics every month. Mom has also moved 6 times in the last 8 months; has gotten married to a kid, 20, who shes only been dating since March. Yet, has been “in love” with at least 4 other guys. I have messages from her stating as much, as well as issues with mom wanting to hurt herself because of their rejection. She refuses to allow Facetime with my son. Its confusing for the child because he doesnt know who his dad is, but he calls the new guy dad. Im not opposed to that, per se, but shouldnt she be correcting him with thats daddy joe? Can I ask for counseling with her? Or what can the court do for the childs best interest? Mom is also supposed to be on psych meds and hasnt taken them since September.

I know that jail time is probably out of the question for the contempt, but is this a possibility?

Sorry this is so long. Just trying to give an accurate look at our current situation. Thanks in advance.
You were given court orders allowing you to exercise dad's parenting time while he is out of the country. That does not give you standing to ask for any kind of custody or any kind of increase in visitation, or any other kind of modification. You just get to exercise dad's parenting time. You didn't get his parental rights.

Also, you being given the right to exercise dad's parenting time did not also give you the right to make medical decisions for the child...so its problematic that you were taking the child for treatment or asking the doctor for prescriptions.

If you truly believe that mom is medically neglecting the child (and you need to be certain that its what you truly believe) then you can try getting CPS involved, but if CPS investigates and does not believe that mom is neglecting the child then that will complicate things for you. Its also not a guarantee that CPS would choose to place the child with you should they feel that they need to remove the child from the mother. Many other relatives of the child would have equal standing to you for placement in a CPS scenario.

You really need to get a consult with a local family law attorney who can review the court files and give you some advice on what you should and should not be doing.
 

Bhahn75

Junior Member
This is not your son. And if you kept it to a single thread it would be easier for the Volunteers.
The original post was awhile back; perhaps January and I couldn’t find it. I’m aware that it’s my grandson. My son is unable to take my grandson to his PDS. The issue is that the mom does NOTHING to facilitate the relationship with my son. I’m left here with trying to make sure my grandson knows dads family and keeping his attorney informed. I was within my rights for the contempt charge. I realize that a lot of people are against third party cases, but the child is the one suffering.
 

LdiJ

Senior Member
The original post was awhile back; perhaps January and I couldn’t find it. I’m aware that it’s my grandson. My son is unable to take my grandson to his PDS. The issue is that the mom does NOTHING to facilitate the relationship with my son. I’m left here with trying to make sure my grandson knows dads family and keeping his attorney informed. I was within my rights for the contempt charge. I realize that a lot of people are against third party cases, but the child is the one suffering.
Then follow through on the contempt and hope that the judge does enough to incentivize mom to honor the court orders. That is honestly all that you can do.
 

Just Blue

Senior Member
The original post was awhile back; perhaps January and I couldn’t find it. I’m aware that it’s my grandson. My son is unable to take my grandson to his PDS. The issue is that the mom does NOTHING to facilitate the relationship with my son. I’m left here with trying to make sure my grandson knows dads family and keeping his attorney informed. I was within my rights for the contempt charge. I realize that a lot of people are against third party cases, but the child is the one suffering.
Your last thread was in March. There were 2 others in Feb. I know this just from looking at your posting history. You too can do this fete.
 

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