the kids are not happy leaving with their mom and their moms new boyfreind. Dad is working on getting his own place so he can get cusstody of the kids.
I everybody agrees, you can file for custody in the Juvenile Court. Whe the situation resolves with Father, he would then file to take custody back over. However, if there is not agreement, this will not be an easy case for you to make. The natural parents have priority over all other persons and generally will retain custody unless you can show that they are "unfit" or have abandoned the children. The children being "unhappy" with mom's new boyfriend will not, without significantly more, be enough to bring about a custody change.
IMPORTANT LEGAL NOTICE: Mr. Piper's response set forth above is not legal advice and it does not create an attorney-client relationship. Mr. Piper's responses to all questions posted on AVVO are intended to provide general information based upon the his understanding of the facts stated in the question, and are for the general educational purposes of the public, not any specific individual. Also, a particular case may involve additional facts and circumstances which might invalidate some or all of the concepts provided in this answer and therefore you should not rely upon this answer in any individual situation. In order to offer legal advice about this or any similar situation, a qualified attorney would likely need to consider many factors not stated in the question and would need to question the potential client in order to clarify the specific facts operable in that case. If you would like to obtain specific legal advice about this issue, it is recommended that you contact an attorney in your state. Mr. Piper is licensed to practice law in the State of Ohio, and may be contacted directly via email at: [email protected]
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