Legal Question in Family Law in Ohio

I have not been able to see my 10 year old son for a little over a year now, because his mother (my ex-girlfriend) won't let me, she won't even accept my phone calls so that I could just talk to him. There was never a custody or visitation agreement through the courts, it was all done verbally. I will be the first to admit I was not consistant in picking him up, but I haven't seen him in so long. I want to know if I went to his school and picked him up on a friday and called her on my cell phone and told her that I had him and would bring him back on Sunday, whatever time would be good for her, (I am an emergency contact on his school paperwork) Can she press kidnapping charges on me, even though there is no court orderd visitation, or custody agreement? Paternity has be established for child support. I am paying about $400 a month for a child I haven't seen in over a year.


Asked on 8/16/09, 12:41 am

2 Answers from Attorneys

Dan Guinn Guinn Law Firm, LLC

I would not recommend that you take your child in that fashion. The best option is the file a motion with the court.

I would be able to represent you in this case. I have a lot of experience in this field representing fathers. I would propose we file a motion through the court in order to get a custody plan worked out that is in the best interests of the child.

Feel free to contact me, free of charge, at [email protected] or [email protected].

I look forward to hearing from you. Have a great day.

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Answered on 8/16/09, 8:13 am
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

What you suggest is not advisable. This is not in the child's best interest. The best way to go is to establish custody and visitation through the court system.

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Answered on 8/17/09, 12:02 pm


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