I had custody taken away from me and given to my daughters father because I was pregnant with a threatened miscarriage and complications and unable to obtain or have legal representation by the time of hearing. I moved to a different state before I knew of the issue of him going for custody with a home and job lined up and was set. When I moved I found out he went for custody there had never been an agreement and he had never applied before. I moved out of state to escape an abusive husband who I had obtained a protection order against and had kept repeatedly finding me and had threatened my daughter and my life. I went to hearings to appeal after and could never win because I knew nothing about my daughter's father that I could show enough documentation to support. He never had any legal representation for anything and I did for all appeals. He was never a current figure and even admitted in court to having contact and giving details to my abusive ex husband with my attorney at the time present. I involved children services after finally getting visitation rights due to allegations made by my daughter had a guardian ad litem who was involved.
Your post requires a detailed discussion of the specifics of your case and a review of the filings/orders issued. That is beyond the scope of this service and since it is a public forum, not recommended to provide specific details. I would strongly suggest contacting an attorney in the Dayton area to review your case and see what options you may have. I would do this immediately since it sounds like an appeal timing issue may be involved.
I know this is an emotional time but to make it easier, you may want to submit it again. It's too hard to figure out what happened. Really though, from one part of it, it sounds as though you should be speaking with your attorney.
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