Legal Question in Family Law in Ohio
Father getting custody
I am engaged to a man with an 8 yr old girl. We live in Chicago, she lives in Cleveland. He never married the mom.They met while in Job Corp/Ohio.(He went to study carpentry)He came home to work because of limited work in Cleveland. He pays child support & visits often. Unfortunately, the mom is not doing a good job. She has two other kids by man who doesn't pay child support.She lives in public housing, doesn't have a job, dated thugs (ex-boyfriend was shot & killed last yr), doesn't have a GED & lets her kids miss school. His daughter failed 2nd grd last yr. because of attendance & lack of homework.Her son failed kindergarden too. The teacher said attendance improved somewhat but she still missed too many days & doesn�t turns in homework.Would she be considered an unfit mom? I have a master�s degree & he's a carpenter & going back to school to become a teacher.We can provide a better life for her. How will Ohio courts deal with this? Does my fianc� stand a chance of getting custody?
1 Answer from Attorneys
Re: Father getting custody
I think he just might. This would be easier if both mother and father were in the same jurisdiction. The child's mother may not have to be deemed unfit. The question would be, what is in the best interest of the child. The hurdles you would have to go through, besides the facts of the case, are procedural, the fact that father and mother reside in different states.