My child father was convicted for domestic violence against me how can i fight for full custody what are my rights as a mother?

Asked over 2 years ago - Cleveland, OH

how can i fight for full custody of my child if the father have been convicted of domestic violence against me the mother,also how does this process work?what can i do to prepare a case?

Attorney answers (3)

  1. Todd Bruce Kotler

    Contributor Level 16

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    Answered . I agree with the other Attorneys

    If you are, indeed, an unwed mother you already have full custody and the father will have to sue for so much as even parenting time. If you are married and divorcing you will need to include a demand in your complaint to be made the custodian and residential parent of the child.

    Decisions concerning custody are made on the basis of the besti interests of the child. Attached, is a link to one of my articles on custody.

    Good Luck and please indicate if you found this answer and / or the link(s) helpful.

    This answer contains information intended only for the use of the individual or entity named above and may be... more
  2. Courtney Caparella-Kraemer

    Pro

    Contributor Level 8

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    Answered . I'm presuming since you said "father" and not " husband" you are an unmarried Mother. If you are an unmarried mother, you are the natural custodian of your child under Ohio law until a court of competent jurisdiction says otherwise. Furthermore, the father does not have any visitation rights under Ohio law as an umarried father until such time as a court grants them to him. If he does petition for visitation rights, the fact that he has been convicted of domestic violence, especially if it occurred in the presence of the child, will be one huge strike against him. However, if he does petition the court for those rights, and there is no evidence he is a danger to the child, the court will likely establish at least a basic visitation schedule at some point.

  3. Derek Michael Smith

    Pro

    Contributor Level 16

    Answered . You need to contact an attorney who handles family law in your area. Many courts also have assistance for pro se (that means people acting as their own attorneys) individuals for help in preparing and filing the required forms for custody. Some areas also have assistance for victims of domestic violence and domestic situations. Some quick Googling may be of assistance in finding these resouces. Also, contact the Bar association in your area and they may be of assistance in helping you find someone to help you.

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