QUESTION
Since I have mental issues will my son be taken from me?
Asked on Mar 25th, 2015 on Child Custody - Ohio
More details to this question:
I need help. I’m a new mother and me and baby's father aren’t getting along we might not stay together. He says he can take our son away from me because I have schizophrenia. But I have been fine with it since I was 17 I’m now 20. I am able to take care of my son. I take care of him more than he does. I just can’t stand the thought of my son being away from me when I’m perfectly fine. What can I do? I want to be prepared. And just because I have records saying that I have that he thinks he can use it against me. I have no criminal record. He has a record most of it is with drugs. Does he has to prove I am not capable to care for my son? I’m new to this. Please give some advice I can’t stand to lose my son to his dad that doesn't even care for him like I do! And he has told me in the past week that he would try his hardest to make me look horrible even if he has to set me up and lie in court. Just to take him. Please help!
2 ANSWERS
Family Law Attorney serving Independence, OH
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Abel & Zocolo Co., LPA
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Initially, until paternity is legally established the father has no rights. He would need to go to juvenile court and first, have paternity established, and then, and only then can he seek visitation or custody rights. Keep up with any treatment plan that you are on, properly care for your baby and you should be fine.
Answered on Apr 01st, 2015 at 1:15 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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You need a lawyer. Now. Stop reading this and call a lawyer well versed in custody law. I would say your baby daddy is likely a bully. The fact is: In Ohio the court has not even recognized him as the father of the child, so in skipping straight to custody he is putting the cart before the horse. You have a sound defense and good cause to say the child should stay with you. But you need a lawyer to present your case. If you don't have the money for a lawyer call the Legal Aid Society nearest you.
Answered on Mar 27th, 2015 at 12:45 PM