Legal Question in Family Law in Ohio

Child Custody/Visitation

I have a Magistrate's pre-trial order that states that my child's father is to have parenting time everyother weekend. I was not given a notice that he was even going to court on May 18th when he went. He has neither seen or provided any type of support for my daughter in a year. (She is 2 1/2) Rule 29 under Rules of Juvenile Division in my county state that if there is little or no eveidence of a relationship between the child and non-residential parent that visition shall be on the first and third Saturdays...and nothing else. I feel this pertains to my situation. I also have concerns..he has Sickle-Cell Anemia and goes into pain and makes emergency visits to the hospital with little notice. I don't think I should have to worry about my daughter while he has her, wondering if she is going to be okay because of his poor health. He also lives in another county and I don't have reliable transportation to even pick her up if something happens! What should I do? Can I do anything about him picking her up before I go to MY fiirst court date in a month? What if I don't follow this Pre-Trial Magistate order?


Asked on 5/24/07, 3:59 pm

1 Answer from Attorneys
David Davies Law Office of David H. Davies

Re: Child Custody/Visitation

You are correct in looking out for the best interests of your child.

You may be abe to file an objection to the Magistrates order or at least ask for reconsderation.

Is there a prior Court order regarding custody, support, or visitation? If there is and the father has not been obeying the order, then it is not likely that he will get very far complaining about your failure to follow the Magistrates order.

As you are aware, this is a very important matter. There are some solutions for you. If at all possible you should get an attorney to represent you. If the father can afford it, it is possible that the Court would order the father to re-imburse you for your attorney fees.

I really need additional information in order to help you out on this. I have been doing these types of cases for 33 years and will be happy to talk to you directly if you want to call. No Charge of obligation for the confidential call.

Good Luck!

DHD

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Answered on 5/31/07, 9:34 am


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