Legal Question in Family Law in Ohio

I am a step mom to a wonderful Step son who is 11. His father and I have sole physical and legal custody of him. His bio mother only gets him for standard visitation. She lives in a house with 13 other people 5 of which are kids ranging from 9yrs-7months. My SS has been coming home with bites all over his body.(this happens everytime he comes home from her house). My SS and a court appointed gaurdian ad lidem from when we went to court for full custody found that her house is infested with fleas, bed bugs and cockroaches. I am absolutely terrified he will bring them home one day. He refuses to shower or brush his teeth when he's there because he says there are cockroaches crawling all over the tub/shower and sink. He states he seems them a lot in the kitchen cabinets and counters. She moved into a different house after she lost custody if him to us, but has since moved back into the house infested with bugs. So my question is this, can we stop visitation at her house because of this? And is there any legal action I can take if he ends up bring home these bugs to our house? I live in ohio if that helps with the legalities. Please help, I'm terrified these will end up in my home or worse make my SS sick!! Thanks


Asked on 7/15/15, 7:46 am

1 Answer from Attorneys
Thomas Sacerich Thomas J. Sacerich, Attorney at Law

In my opinion if the child is living in the conditions you described I believe that you can stop visitation. With that being said you need to immediately file a motion to terminate visitation stating the reasons set forth in your question. If you just terminate visitation you are technically violating the court order. You do not want to be the one in front of a judge explaining why you are not following his or her order. You want to be the one stating why visitation should be terminated.

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Answered on 7/24/15, 3:55 pm


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