View Full Version : OT: legal question

09-20-2008, 08:35 PM
I am trying to help a family member who is fighting for custody of her son. She never married the father and just found out she must file for legal custody. Of course, she found out because he filed first but she has physical custody of the child and has had since birth. He is a very unstable person (she has a protective order against him for battery) but he was still able to file for custody of their son (whom he has never held or cared for). I am not all that concerned he will be allowed custody (as I know the courts nearly always side with the mom and he has previous history of abuse against women) but I am slightly concerned he will get unsupervised visits. She has an appt with an attorney Monday, what should she tell/ask the attorney? What can she do to make sure his visits are supervised (as she fears for her childs safety) Can she get the courts to force drug testing (as he is a known user) before he takes the child if they cant get supervised visits? Can she get the courts to demand parenting classes as he has never once held or cared for a baby? What is within her rights to ask for? All help will be appreciated, thanks!

09-20-2008, 08:49 PM
Have her request a court advocate. In OH they are Guardian Ad Litems, some are CASA. This person's sole purpose is to advocate for the child. Good luck.

09-20-2008, 11:34 PM
If she can present evidence of drug use (witnesses that saw him do it ect) the corts most likely will call fortesting. My friend just went thrrgh this with an ex and had to present evidence before the court would order a test.

09-21-2008, 09:18 AM
I agree with noodlenitter, ask for an advocate. I am involved in something similar (trying to divorce, ex wants custody). He actually asked for the Guardian Ad Litem, but I am sooooooooo glad he did. She has been a great help in making sure my kids are safe.

09-21-2008, 09:21 AM
I should also mention he has no job hasnt worked for more than a month total in the last 2 years. He tends to get a job keep it for less than a week and then either quit or get fired. I know atleast one of these dismissals was due to a failed drug test. He also allowed someone to live in their home who is currently serving time for dealing drugs. I would think that this would be enough to get mandatory drug testing. As far as the CASA, we do have a program but you can only get in if the judge appoints it and he only appoints in severe foster care cases. One of my foster children had one and sadly they did nothing for him, only saw him twice in the two years he was in my home and only showed up to court once on his behalf and his case was the most severe case of abuse that our county had ever seen. This child has not been abused thankfully, he just had to endure several months of watching his mother be abused. Several instances, the mother was abused for "not shutting up the brat" the fathers exact words to her. Several people were witness to this but they are all his friends as hers were not allowed to enter their home, not even her family. This man went out of his way to alienate her from everyone.