Legal Question in Family Law in Ohio

Do we have a chance at getting custody of my step-daughter?

My husband and his ex-girlfriend have a daughter together, she is 5 years old. On the weekends of our visitations we have to pick her up in a parking lot along with her older sister's father. Her mother has 4 children by 4 fathers. She comes to us looking as though she hasn't bathed since the last time she visited and tells us that she lives at her mother's boyfriend's uncle's house and sleeps on the floor on a blanket so that she doesn't get dirty. Every weekend she isn't with us she has to stay elsewhere so her mother can go to bars. What are our chances?


Asked on 3/13/00, 1:20 pm

1 Answer from Attorneys

Jonathan Schiff Self employed

Re: getting custody of my step-daughter?

It all depends on your proof and how you proceed. I don't know what county you are in, but I presume first that the custody order was through the Juvenile Court. You can file a motion in the court that determined the child parent relationship and ask for a change of custody based upon "unfitness" of the custodial parent. The problem with that is you have to present the case.

If you evidence of neglect or abuse you could get Children Services involved. It's cheaper if they seek custody because then the prosecutor handles the case. However, sometimes they get goofy and the result could be unexpected.

I would have to know more in any event. You should probably seek an attorney in whatever county your in.

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Answered on 3/25/00, 10:34 pm


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