So i haven’t heard from my baby father since October 2019 . He hasn’t been following the order which is every other week.And ask to take my son and the cops were really upset because he didn’t communicate with me first or he hasn’t been going by the order .i explained to them wats been going on and showed the the order and proof that I’ve been reaching out . I don’t know what else to do it’s going on 4 months should i file for a violation ? Full custody ? He also owes me 12,000 dollars in child support , should i put in a violation for that ? Idk what to do cuz I’m also pregnant with his daughter now and i don’t want the court date to close to my due date ?
I practice family law in Ohio. If you were here, I would suggest that you file a motion to modify parenting time and also Motions to Show Cause for his violation in parenting time and also child support. Even if you had "full custody" or what we call sole custody here, the other parent would have parenting time. Modfiying parenting time is far easier than modifying custody.
You need to file soon as he is now attempting to exercise his parenting time. If you do not file and refuse to tender the child, you are violating a Court order and subject to penalties. As to your pregnancy, the Court will permit continuances as needed to accommodate your health.
There is no violation if a parent fails to exercise visitation. However, you can file a petition for sole custody, if he is not co-parenting with you. You can also file a violation petition for the child support arrears. Good luck.
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