Asked over 2 years ago - Cleveland, OHFlag
8 months ago I signed over custody of my son to his father. Kid was acting out, so figured he needed a change of venue. Gave him a few months to get used to his new surroundings.
So 3 months ago, I start to arrange visits again... denied to the point I filed motions against his dad for contempt of visitation. Like 7 counts all together. Court day comes and at the last second His dad's lawyer files motion to establish supervised visitation on allegations of abuse against me and my boyfriend.
The allegations are bogus he drummed up a picture from a few years ago of our kid with scratches on his face and submitted it with evidence. the same pic was turned over to children services on bogus abuse charges and that case was thrown out. So I don't know why the magistrate even allowed it???
Were you represented by an attorney? There are evidentiary rules regarding whether a proper foundation has been laid for an exhibit to be admitted. An attorney representing you could evaluate whether to object to the photo being admitted. In Ohio, you have fourteen days from the filing of the magistrate’s decision to file your notice of objection to the decision. You certainly should be represented by an attorney regarding any objection you have to the magistrate’s decision.
Should the time have passed for you to object you may, at some point, file a motion to modify the temporary orders grounded in a substantial change in circumstances. Hard to assess whether other options may be available to you without knowing your circumstances (timely filing a motion to set aside magistrate’s order, filing a motion for a new trial).
You may seek the assistance of “pro bono” lawyers (lawyers who represent clients who are indigent, without charging legal fees) or lawyers who will offer payment plans. The Legal Aid Society may be an another option for you to consider, though your case may not fall under their guidelines (?).
This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. The answer presumes you are not currently represented by an attorney who knows your specific circumstances.
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