Legal Question in Family Law in Ohio
I have been separated 1 year and divorced 1 month. We have 2 children. My ex did nothing to contest divorce. He has no permanent address, he uses a p.o. box. The custody was granted to me and visitation was put at my discretion or as the children wish. My 14 yr old does not want to talk to him at all. My ex was very mentally abusive and he seen that. My 6 yr old really is scared to be with him and does not want to go alone with him. My ex calls my phone thoughout this past yr like 20x a day. lately though he calls and says he is going to take me back to court for standard visitation. I have no more money for another attorney to fight him. It takes all i make to raise our sons. My question is-- What should I do? I dont want to force my 6 yr old to go when his father drinks alot and yet I cant fund going back into court for a battle? Thank you for any help
1 Answer from Attorneys
You should carefully document each and every act which he does which are not in the best interests of the children. From what you indicate in your question, the divorce decree seems to indicate that he has no visitation rights without your permission. It is incumbent upon you then not to give him permssion.
You would also be well advised to pursue a contempt of court action against him if he is not in compliance with his child support obligations. It is often difficult to find the money for child support obligations and an attorney at the same time. It is also difficult to show up for hearings to change visitation rights when there is a warrant out for one's arrest for disregard of court ordered child support.