Legal Question in Family Law in Ohio
Two Roads Diverged... Which To Take???
I have been divorced a little over 2 years now I have 2 minor children that live with their mother our divorce was granted due to her petition on the grounds of incompatibility (no arguement there)The problem is the divorce decree states that "the defendant (me) shall be entitled to visitations with the parties' children at times and for durations to be agreed apon by both parties" and it is not happening.I have not by my exes choice been able to talk to them in over a year now. What recourse do I have should I seek legal councel speak to ohio dss(there is great question at this point as to their well being) what should I do I desperatly want to do this by the book and come to a resolution (maybe winning custody as there are many more details and variables I am unable for space to list) please advise....
1 Answer from Attorneys
Re: Two Roads Diverged
The visitation language you cite is language that is included when it is assumed that the parties are able to negotiate these things. That is why it is left open (and unenforcible). You are going to have to go back to court on a motion to modify visitation to get a specific schedule. The Court usually has its own formula schedule that often can be useful.
The problem is that a lot is going to depend on just how oppositional either one of you get. To many parents the child is the ultimate weapon in the battle of the former spouses.
As far as speaking to Children Services about the matter, it will depend if you have an abuse or neglect situation. Without knowing more, I really can't say, except that if you make a complaint, it's not going to exactly grease the wheels of an amicable resolution. But if the situation is serious enough, by all means, phone in a complaint.
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