Legal Question in Family Law in Ohio

Non custodial parent encourages bad behavior of minor child

What do you do when the non custodial parent encourages a minor child to behave badly (drugs, sex, and alcohol), in an attempt to gain custody, after the courts turned her down?

Currenly, the father has filed unruly charges and child has been expelled from school for the remainder of the year. Mother supports child's stand; refuses to encourage her to get back in school and pass the 8thg grade.

Child has admitted to drug use, sex with boys, and is currently in a court ordered drug therapy program. Child continues to be out of control with father, in an attempt to live with mother, where there are no rules, no responsibilities and no restricitons.

New hearing isnn't until May 21. Help. I have a 13 year child, who has to be affected by all of this.


Asked on 4/07/98, 9:42 am

1 Answer from Attorneys

Jonathan Schiff Self employed

custody dispute with out of control minor

I have to be brutally honest here. I can't imagine that the problem with the out of control teenager is exclusively the fault of the non-custodial parent. It's obvious there is a problem here. I can't tell whether one parent or the other is more at fault or if even either is at fault. I mean we do have a third party here (the girl) who also has to assume responsibility for her acts as well.

One thing is clear. Unless the two parents are willing to start communicating about what is going on and attempt to take some constructive steps, the state may at some point intervene and neither may have custody. This is an issue that belongs less in domestic relations court and more in a therapists office. I might add that if this kid is out of school, that in and of itself is a real problem. You might want to e-mail me and I might be able to point you in some constructive direction (this is not a come on for representation. I am not currently taking private business in any event), but having some knowldege of this stuff, I might be able to at least advise you about some things you may not know. Also don't take this as a condemnation of how you are handling the situation. With the dearth of adequate family supports in our society, anyone with kids who are at all sensitive or somewhat less than perfect, is going to be in a difficult situation. Being separated with less than cordial relations with the other parent just compounds the problems.

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Answered on 4/17/98, 11:15 pm


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