QUESTION
Is there anything I can do to get my son back?
Asked on Mar 16th, 2015 on Child Custody - Wisconsin
More details to this question:
A while back the mother and I got into an argument. I was charged with domestic violence and was sent to jail overnight to await court, was released on bond and a temporary restraining order was put into effect. I was allowed near her but was allowed near my son. Right after that, she moved out of state without telling me. My attorney told me not to file for custody or anything like that until the case was over. In the meantime, she never showed up to any court dates and case was dismissed. It took almost five months and by the time I was able to do anything. She was already out of state for 6 months and I’ve tried to keep in touch with my son but she controls whether or not I talk or see him. Is she allowed to do any of this? I have signed affidavit. What can I do?
2 ANSWERS
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Attention all unmarried fathers. This can happen to you. The fact is: in Ohio, by statute, when parents are not married, the mother is both the residential parent and custodian of the child until a court rules differently. Until you get to court, you have no right to visitation, to authorize medical treatment for your child or even to call him on the phone. With 20/20 hindsight, what you should have done was sought mediation with the mother immediately after the birth of your son on issues of paternity, custody, parenting and support. Yes, you would have paid child support, but compared to the legal bill you are facing for an interstate custody war, child support is a pittance. You need a lawyer conversant with interstate custody issues. I can do this work or call the bar association for a referral. The information in the above answer may not be taken as legal advice and does not create a lawyer client relationship. It is intended for entertainment purposed only.
Answered on Mar 19th, 2015 at 1:23 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Herove was almost certainly contrary to law. Find yourself a skilled family lawyer in the county where the child now lives. He or she can use the courts to bring an appropriate action, possibly even a writ of habeas corpus.
Answered on Mar 18th, 2015 at 10:15 AM