Legal Question in Family Law in Ohio
My ex wife is custodial parent to my two children. My son is now living with me since July, my question is: is there away if he's living with me to get custody from her for abandonment? We didn't go through the court system, she was having trouble keeping him under control. She gets him every other weekend like I do with my daughter. Please help, thank you for your time. Harry R Myers Sr.
1 Answer from Attorneys
In Ohio, abandonment is going to be a tough argument to make in this situation since she hasn't just taken off without leaving a forwarding address. Rather, the kid is giving her a lot of problems and it looks like you might be better at controlling him.
Your best bet is to petition the court for a change of custody, arguing that with full control over him, you will be in a better position to help him as a father figure. If your ex-wife does not contest the matter, then the court may go for it.
It will be all about what is in the best interest of the child.