My son's school was based off his father's residence so long as father remained in the agreed upon schools district. We alternate weeks. He had voiced to me a week after the hearing ruled that decision that he wanted to move to a different schoo...
It depends entirely on what your court order says. If he's the residential parent he has a right to determine where the child goes to school as long as he files the appropriate documents with the court regarding relocation and follows any court orders / shared parenting plans (if applicable). Most court orders don't necessarily require a parent to remain in the same district, but some definitely do. I think you need to bring a copy of your court order and have a discussion with a family law attorney.See question
I have been a large part of my great-nephew's life for 10 years. His mother is now in an abusive relationship and has cut off contact with the family thus isolating him from the family he has always counted on to be here for him. Is there any le...
Before custody can go to a non-parent, parent or parents must be found to be unsuitable. That goes beyond best interest. Best interest is used after an unsuitability determination. Unsuitability is very VERY hard to prove as parents have a paramount right to raise their kids and even if you could do it better that doesn't entitle you to custody of someone else's child. I agree that you need to consult with a lawyer on this.See question
For example, I head on the news that a woman left her kids at home alone for a night, the house burns down, the kids die, and she goes to prison for four years.
It depends on the circumstances. Parents are definitely liable for the safety of their children. It's not strict liability generally, but a parent is not allowed to abuse or neglect a child. There are also circumstances where reckless or even negligent behavior can bring about parental liability, both criminally and civilly. That having been said. I don't know of anyone who has chosen not to have a kid over these issues. The Supreme Court of the United States has also held that parents have a right to raise their kids as they see fit (within reason), so this country does generally respect the rights of parents.See question
This was not a part of the agreement and my child has asthma. The agreement is that I am the first baby-sitter and I am susposed to know where my child is at all times. The father is not complying with neither provisions. He will pick u...
The so-called "right of first refusal" is among the most difficult provisions to enforce in a shared parenting plan because it requires the compliance of the other party. Let me be clear, unless the Court Order says differently, the child's father is generally allowed to have the child in the physical custody of other adults (family members, the parents of the child's friends, neighbors, etc). Whether such an arrangement is "contempt worthy" depends on the circumstances. For example, if he sends the child to a friend's house, is the child merely having fun with the friend, or is the father abrogating his his custody in favor of another person? What if he goes to the grocery store during that time? What if the friend invites the child to go to Ceader Point? When the child is at grandma's is she providing child care or is it merely a planned visit to a family member? A right of first refusal isn't meant to keep the child from ever being outside the custody of a parent, rather it's (as you say) meant to utilize the other parent as the babysitter of first resort when child care is needed. I would organize the times and circumstances that you contend he violated the Court's order (after rereading the order to see what it mandates). Try to envision what his argument would be, not just your own. After getting the individual issues straight, I would consult with a local family law attorney to see how the court might receive such a filing.See question
Borrow money. Neither have helped him with getting his kids. His ex-wife is even braking the law keeping him from the kids even when it is his time. He has told his lawyer and he does nothing. Please tell me how to help him.
If your son doesn't like his attorney, he should fire them and get another. Bear in mind that not every violation of the court's order warrants a contempt filling. Quite frankly, the attorney may know better than you or your son the customs and predilections of the local judiciary which is definitely something to be taken into account. Furthermore, keeping the kids when it is "not her time" as you say is generally NOT a violation of the law, but rather a issue of civil contempt. Every judge has different feelings about when it is appropriate to file. Your son needs to communicate with his attorneys about what the goal is and what the steps to accomplish that goal are. Communication is key, and not every attorney / client relationship works.See question
my kids normally live in Genoa Ohio with there mom, The moms boyfriend told my 9 yr old the next time the cops show up after they leave he will sit on my daughter and punch her until she can no longer breathe, on 9-16-15 the kids went back to moms...
You can get a civil protection order against the boyfriend on behalf of the children or you can simply file for emergency custody of the children.See question
I was given sole custody, the father wants visitation
If you're the mother, in Ohio you have sole custody automatically. The father has to seek parenting time, shared parenting and / or custody from the local juvenile court or he has not rights.See question
You are legally presumed to be the father. You can have a paternity test done on the child to show that you're not the father, which I highly recommend.See question
My son is almost 8 and his father has been in prison for 6 1/2 years. He is 19,000, behind in support and just sent a message saying he wants to sign his rights over what do I need to do?
The father cannot "sign his rights over." There is no mechanism to do this in Ohio unless another man is willing to adopt the child. He can agree not to see him, but he can change his mind later and always will be able to seek visitation. Once you forgive back child support it's gone forever. If you don't forgive it, then it will follow him until he dies. He might not be paying now, but may pay later on. Nothing he can do will lower the support that has already accrued. If you are determined to attempt this route, I would definitely talk to an attorney and find out what is permanent and what is not.See question
This is a very intricate situation, one that began in 2004 when I was 19 and drunk at a party and woke up pregnant. I was close to breaking up with my BF at the time, but I get flashbacks of resisting him, saying "no" but things happened anyway. I...
You can file to have the order for parenting time changed, but he's dad and has rights to see his daughter (although it sounds like he hasn't been exercising them). You will need to consult with an attorney. This case will likely be handled where the previous divorce was dealt with if one of you lives in that state. If not, you can petition to have the parenting time order filed in your local juvenile court and proceed from there as Ohio is likely the child's home state under the UCCJA which is a law that governs where custody cases can be brought in most jurisdictions.See question