Legal Question in Family Law in Ohio
My 15 yo son came to visit and told me that dad, who is currently custodial parent, has been pushed and shoved numerous times with knocking my sons glasses off his face and is now of course to return to the home. I was to only have my son for 4 days at Xmas break but has now been 10 day period and fear to return as to what may happen to him if he does. I am trying to file something immediately pro se and ex parte but am not sure what the format has to be? Can someone please answer my question? I cannot return my son due to the immediate pending doom that may occur because he has defied his father now. Dad completely unreasonable and abusive and I am just finding this out little by little because my son does not want to get him in trouble hence the reason we are divorced. HELP!! I live in Cleveland, Ohio and cannot find any examples written that I could follow or format something similar to?? I dont know what to do??
1 Answer from Attorneys
In Ohio, if you want professional legal assistance but cannot afford it, you might try one of five options. First, try calling your local Legal Aid Society. Second, you could call up any local law school as they might have a certified legal internship program whereby a law student (under the guidance of one of the law school's professors). Third, you might try calling the Guardian Ad Litem in the divorce case and seeing if he/she could file something after speaking with the child. Fourth, you could call the police and file a report that your son has been abused and have him talk to them about what has been happening over there. Lastly, you could call your local bar association and ask them if there are any law firms in your area who might be available on a pro se basis to deal with this situation.
If you are forced to handle this yourself, you can go into the clerk of court's office for the domestic relations division of the county court that issued your divorce decree and ask them if they have any forms for this sort of thing. They will tell you from the outset that they cannot give you any legal advice, but if you speak as little as possible (don't give them even a 5 minute recitation of the facts of your divorce and what has happened since), most clerks will run off at the mouth with legal advice about how to fill out the forms and where to file them.
Phrase any question you have as one about the clerk's procedures rather than asking how the case will turn out and they will tend to dispense a great deal of information to you.