What is the name of your state?undefinedWhat is the name of your state?Ohio
Here's the break down of all the mess. My daughter has a 1yr old daughter with her ex boyfriend, they were living together until just recently when they had an altercation and she was arrested for dv. She did go to court and was allowed back in the house as her residence, it's her ex boyfriend's mother's house. Prior to all this mess , they (the boyfriend and mother) filed for custody of the daughter, stating that my daughter (the mother) wanted to go into the military, specifically the coast guard, and they (the boyfriend and mother) contacteda recruiter and was told a single mother can't go into the military. Now I myself don't know the particulars about going into the military as a single parent.
Anyhow , my daughter obtained a court appointed probono attorney to fight them on the custody , and she and her at the time boyfriend both agreed to go in and talk to the attorney together and agree on shared parenting and vistation. Since they were still in a relationship ,and living together , it would be written up but not have to be acted upon until they split or in case they split up. They did go in to talk to her attorney together but never put anything into writing because they couldn't reach any agreement. There fore nothing was every settled on the custody issue.
Okay with that part said , the boyfriend and my daughter had the altercation with him filing dv charges against her and she willing admiting she hit him
and so forth, she went to court and pled not guilty got court appointed counsel and moved back into the residence. Apparently she found out he had cheated on her and then they argued again and what was said I haven't a clue but he went and got a no Contact order and she had to leave. She went and moved in with her Aunt. They(the mother and boyfriend) allowed her to have vistation the first weekend for set amount of time as they deemed fit.
Then last week she went to court for the no contact order to see if she could get it dismissed due to the fact they have to joint parent the child and whatnot, apparently that didn't happen. She did get vistation, although it is a temporary order. The mother and boyfriend had a court order put in place back at the beginning of this whole custody mess saying she or the father can't remove the child from the residence, well apparently at the no contact hearing her attorney told her that the court order barring her from removing the daughter from the residence was "out". I asked her why then don't you have your daughter living with you? She didn't specifically answer me , she just said because of the no contact order I can't go near the residence to get her.
My question is if no actually legal paternity was ever established through court ordered dna testing, and yes he did sign the birth certificate and possibly a AOP at the hosipital, does he still have the legal rights to keep the daughter from the mother? I am almost certain the answer will be a resounding yes, but curiousity makes me ask. Then here's the second question, She has temporary visitation every day except Wednesday and Sunday and she said this is a hardship to her because she is looking for a job and she will have a different work schedule and she will have to find a sitter and whatnot, so she wants to put visitation on hold until she gets on her feet and a place of her own. I want to know how detrimental will this be or not be on her winning custody later? Is she putting her desires first over her daughters best interest? She does have a roof over her head and she has food in the house, ect.She just wants to get her own place and find a sitter before she resumes visitation.
Any responses or answers will be much appreciated. TIA
Here's the break down of all the mess. My daughter has a 1yr old daughter with her ex boyfriend, they were living together until just recently when they had an altercation and she was arrested for dv. She did go to court and was allowed back in the house as her residence, it's her ex boyfriend's mother's house. Prior to all this mess , they (the boyfriend and mother) filed for custody of the daughter, stating that my daughter (the mother) wanted to go into the military, specifically the coast guard, and they (the boyfriend and mother) contacteda recruiter and was told a single mother can't go into the military. Now I myself don't know the particulars about going into the military as a single parent.
Anyhow , my daughter obtained a court appointed probono attorney to fight them on the custody , and she and her at the time boyfriend both agreed to go in and talk to the attorney together and agree on shared parenting and vistation. Since they were still in a relationship ,and living together , it would be written up but not have to be acted upon until they split or in case they split up. They did go in to talk to her attorney together but never put anything into writing because they couldn't reach any agreement. There fore nothing was every settled on the custody issue.
Okay with that part said , the boyfriend and my daughter had the altercation with him filing dv charges against her and she willing admiting she hit him
and so forth, she went to court and pled not guilty got court appointed counsel and moved back into the residence. Apparently she found out he had cheated on her and then they argued again and what was said I haven't a clue but he went and got a no Contact order and she had to leave. She went and moved in with her Aunt. They(the mother and boyfriend) allowed her to have vistation the first weekend for set amount of time as they deemed fit.
Then last week she went to court for the no contact order to see if she could get it dismissed due to the fact they have to joint parent the child and whatnot, apparently that didn't happen. She did get vistation, although it is a temporary order. The mother and boyfriend had a court order put in place back at the beginning of this whole custody mess saying she or the father can't remove the child from the residence, well apparently at the no contact hearing her attorney told her that the court order barring her from removing the daughter from the residence was "out". I asked her why then don't you have your daughter living with you? She didn't specifically answer me , she just said because of the no contact order I can't go near the residence to get her.
My question is if no actually legal paternity was ever established through court ordered dna testing, and yes he did sign the birth certificate and possibly a AOP at the hosipital, does he still have the legal rights to keep the daughter from the mother? I am almost certain the answer will be a resounding yes, but curiousity makes me ask. Then here's the second question, She has temporary visitation every day except Wednesday and Sunday and she said this is a hardship to her because she is looking for a job and she will have a different work schedule and she will have to find a sitter and whatnot, so she wants to put visitation on hold until she gets on her feet and a place of her own. I want to know how detrimental will this be or not be on her winning custody later? Is she putting her desires first over her daughters best interest? She does have a roof over her head and she has food in the house, ect.She just wants to get her own place and find a sitter before she resumes visitation.
Any responses or answers will be much appreciated. TIA
TIA