I agree with Attorney Tamms.
You need to file a motion to allocate parental rights and responsibilities. Attached is a guide explaining what the court will consider when you make this motion.
As for e-mails and SMS texts, they may be printed out and submitted as evidence. However, to get them admitted by the court, one may have to surmount objections by the opposing party as to authenticity and hearsay. Hearsay is "is a statement, other than one made by the declarant [person who makes...
Attorney Sommers is right this is a complex matter and should she file a motion to regain custody you would certainly want an attorney. Still, let me try to demystify things a little.
Procedure and the factors a court considers are set out in the Ohio Revised Code (R.C.) There is case law that further explains how this law is applied, but the statutes themselves at least will give the layperson a better understanding.
It sounds like you were granted custody through a county Juvenile...
You may get a divorce, but by statute, the court will not schedule a final hearing to award a decree until paternity of the unborn child can be established. That is typicallly after you give birth. Until proved otherwise, any child conceived durring the marriage is considered the husband's, not the paramour's.
I agree with Attorney Brown,
The tactic of preventing a child from seeing a parent is sometimes called parental alienation and is frowned upon by the courts. The willingness of each parent to foster healthy relationships between the child and the other parent is one of the 14 non-exclusive factors the court considers when making a custody determination.
I also agree that you really need to get a lawyer of your own. Making the right moves now is crucial to preserving your rights....
You need to provide additional information:
How old are you, and your siblings?
Is this really a child custody question or a Probate question? If she is no longer competent to make financial and medical decisions for herself a guardianship or consevatorship may be in order. Have you discussed your concerns with your other siblings? Have you all tried to discuss this matter with your mother at one time?
You need to consult with a local family law attorney, without a doubt.
You need to hire a domestic relations attorney, NOW.
The fact pattern you have alleged is too factually complex for one to answer in a general advice forum. One would need to review your marriage license, the court documents from the first divorce and do discovery on his present living arrangement as well as review how finances were divided at the time your separation. I am assuming as you did not mention children that none were born as issue to this “marriage”.
Filing for a divorce...
Attorney Rubin is correct.
Your separation agreement, parenting plan and the language of the decree are going to govern which areas can be changed and over which the court did not retain jurisdiction.
The only area that will be sure to be subject to further modification is child support and custody. However, you will need to meet specific factual thresholds to successfuly persuade a court to modify (assuming your ex is not in agreement).
Attached are some links to articles I have...
One can make out a Limitted Power of Attorney for Child Care that would extend their parenting powers, including school enrolment, records and educational decision making, to another individual. A General Durable Power of Attorney does not accomplish this, however.
Ask the JAG officer to draft a Child Care POA.