Legal Question in Family Law in Ohio
I have shared parenting with my 6-yearold sons mother. Heres some history... I asked her to leave because of her drug use in 2004 and I didnt want it around our son. She moved in with her mother across the street from my house our son was just a baby. .We went to court and agreed on shared parenting every other day.She began not taking our son on her days and I ended up losing my job. So it became whenever she felt like getting him. (A few times a month) Every girl Ive attemped to date she has attempted to try to harm them. I began dating my fianc�e 3 years ago and she moved in after we got engaged 2years ago and took the role of a full time step mother. My sons mother started becoming more interested in our son and seemed to be cleaning up her act. So she began calling to get him once a week the day of. I began to notice my sons behavior changed after visiting his mother. So I thought with him being 4 years old it would be a good time to have a talk about how we need to be parenting him on the same level, asking her not to come over whenever she pleased, and to come up with a set day to get our son instead of her calls the day of requesting to get him. She flipped out with- in sec's and began attacking my fiancee attemped to harm her which had nothing to do with what we were talking about. After the cops being called to the house for my sons mother and her actions many times we decided to move.
10 months ago we went back to court and had a new parenting plan/hours She should get him every other weekend and overnights on wednesdays. Summer hours she gets him every other tuesday. Since then I attemped to work with her. Then it got to be every week she couldnt take him, picking him up hours late, or called for me to pick him up early. After a few months with this I told her we need to stick with the hours as we planned. The Summer hit and she started no-showing with no call or does cancel her visit a hour beforeher visit. Which our papers says she is to give 24 to 48hour notice. Since day one she has not done this. I have now asked her to call the morning of to let me know if she will be taking him. She has still refused to do so and either doesnt call to cancel her visit or calls me an hour to 30mins ahead of time to tell me she is getting him. Now on Wedesdays she cant take him over night due to her not having away to get him to school. So Ive agreed to pick him up every night. Im sick of not being able to make plans with my son because I dont know if she will be taking him. I have filed a motion against her 2 months ago and have called the courts and cant get a call back to find out whats going on with it. I have kept record of her hours with my son.(Of her cancels, no shows, and what hours she does get him) What can I do at this point? I want something more stable for my son. There is no reason for her to be doing this. She hasnt worked in years and has a history of drug use. Can I refuse her visits at this point? or will I be held in contempt of court for violating the papers?
Last weekend she couldnt take him on friday. She wanted to get him on Satuday. Like I have told her many times if she cant take him on her visiting time then she loses the rest of her vistion. She repeatly called me satuday and sunday (calling my mother as will. ) I reminded her sunday once again that she lost her time since she was not able to get him friday and asked her not to call me again until Wednesday to let me know she'll be take our son. I talked to my fiancee and she was wanting to take my son to get a snack after school so she asked if I could have his mother come late if she called to get him not thinking she was going to show up anyways. Sure enough Im in the shower at 4pm and shes laying down the horn and bagging on the door. By the time I got dressed she was gone. I went to call her and she says good thing you called when you did I'm at the police station lobby as were speaking.
She has showed up at my house after WEEKS of no-shows on nonvisiting hours wanting to get our son and showing up at my parents to get my son. WHAT CAN I DO?
1 Answer from Attorneys
I am sorry for all the trouble you are going through. It sounds like you have a chance at sole custody. Getting a court to agree would depend in large part on how your son feels about that. If despite your complaints about your ex, if your son likes to see her, then it would be more difficult to obtain sole custody. The best interests of your son should be the most important factor the court looks at.
You can also petition to revise the shared parenting as you have already done and try to get her visitation rights decreased. Again, you'd have a chance here depending on how your son felt.
Feel free to contact me to discuss further.
Best regards,
Simon W. Johnson
www.swjlawoffice.com
(440) 477-6075