Legal Question in Family Law in Ohio
Tiffin, OH
Our daughter is 14 years old we got divorced when she was 2 and I was grated the custodial parent, he has visitation every other weekend which he has over the past 3 years told her she does not have to come. Now he doesn't want to pay child support and wants her to live with him, and wants me to hand over the child support card, just for the school year though, He is only going to see her for an hour every day. My daughter feels she is being taken from me and he will not listen. He has never went to any of her activities in or out of school he never calls her, and he has moved her out of his house 4 times in 3 years. He wants to take me to court if I do not cooperate. Does he have legal rights to her after everything he has done? She cries and does not want to live with him what can i do?
1 Answer from Attorneys
In Ohio, there should be a court order in place, either in domestic court if the two of you were married, or in juvenile court if you were never married, which determines what the custodial arrangement is between the two of you. If he wants to change that order, then he will have to go before the court and convince the judge or magistrate that this is in the best interests of the child. You will have the right to attend that hearing and give evidence and argument to the contrary.
Your points about how he has kicked her out of his house in the past, how he has minimal involvement in her life, and how the daughter would feel bad about this (losing all of her local friends and relationships, switching schools, church, etc) would all be important information for the court to hear in making its decision on who it is best for the child to live with.
If you can't afford an attorney in this matter, you might want to look about for a local Legal Aid Society, or perhaps if there is a law school nearby you can ask to speak with someone at the legal clinic who might be able to represent you.
Further, you could petition the court to appoint a Guardian Ad Litem. A G.A.L. is an attorney who is appointed by the court to represent the interests of the child. You can then work with the G.A.L. (always understanding that he/she works for the child, not you) and convince the G.A.L. to advocate for the child that staying with you is the best thing.