Legal Question in Family Law in Ohio

Court Injustice, Lawyer Malpractice, and Custody

Ex filed for div. & made False Alleg of Sex Abuse. Negotiated Div Decree that states I should have 50-50 unsupervised visitation. The OH DHS closed it determining no substantiated abuse (I have letter). Daughter testified did not do what ex alleged. Mutually agreed to assessor, & court expert, testified: Don't represent danger Didn't abuse daughter, Should immediately have unsuper visitation, Super visitation harms the children, Ex & her family should suffer consequences for numerous wrongs. Then went on own, offered ex to do same & she refused, had complete sex history assessment, & electronic voice stress analysis concluded did not ever act inappropriately. Despite divorce decree plainly stating children should have unsupervised 50-50 visitation with me & despite all overwhelming proof I never acted inappropriately, court ruled children to have only every other wknd, supervised visitation with me. I believe the state of OH liable for this gross injustice. Attorney in violation of attorneys ethical code, disciplinary rules, Canon, etc.) What all legal action can I take against ex, her attorney, and OH? Please, help my children.


Asked on 4/24/99, 11:05 am

1 Answer from Attorneys

Jonathan Schiff Self employed

Re: Court Injustice, custody

Unfortunately, this is one of the most difficult issues to resolve. I represented the local ODHS children services board for eight years and dealt with many sex abuse and custody cases from that end.

The problem here is that you are going to need to sit down with a lawyer knowledgable in this area to untangle all this. I also am not sure whose lawyer you are referring to as being in violation of the ethical code, yours, the other side, the agency? I also don't know what evidence was presented to the domestic relations court.

A non-substantiation of abuse can mean a number of things and not having been involved in the investigation it is difficult for me to know what it means. I am not trying to stonewall you. But these cases are very difficult because they relationships that by definition are almost always conducted in privacy. Then suddenly it all has to be worked out in public and in court along with the disposition of bank accounts and houses.

I may be able to make one useful suggestion and this may depend on where you live. There is a program called CASA (Court Appointed Special Advocates) which sometimes has attorneys and/or social workers to represent children. They are less commonly used in domestic relations as they are in the dependency/neglect/abuse proceedings in juvenile court. You might check with the court and see if you can get someone assigned to your case. It is a long shot, but about the only thing, besides retaining an attorney, that I can think of.

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Answered on 4/30/99, 8:03 pm


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