Q: How can I obtain custody of my child due to my ex's concerning actions?
I recently separated from my ex-girlfriend, with whom I have a daughter. About a month ago, she had a physical altercation with my mother while my mother was holding our child. Since then, my ex quit her job and has been staying with various relatives. Recently, she left our child with me under the pretense of work, but instead went to Minnesota to meet a man she met online. She then informed me she will be living with and working for this man, making her life entirely dependent on him. I am seriously concerned about my child's well-being due to my ex’s choices and her swift move to dependency on someone new. I wish to become the custodial parent to make primary decisions concerning my daughter’s living arrangements and safety. What steps should I take, and what concerns should I emphasize in my custody filing?
A:
I am assuming you and your daughter have lived in Ohio for the past 6 months and have lived in the same county for the past 90 days.
Based on that assumption you need the file a motion to establish parental rights and responsibilities. Hopefully, you were listed as the father on the birth certificate and have taken steps to establish paternity earlier in the child's life. If not you'll also want to include your emotion that you are seeking to establish paternity over the child. You also want to include a motion for emergency temporary custody over the child, due to the mother placing the child in your exclusive care. You will need to serve the mother according to the Rules of Civil Procedure (rules 4, as well as 4.1-4.7). (a link to them is here https://www.supremecourt.ohio.gov/docs/LegalResources/Rules/civil/CivilProcedure.pdf) Given the fact that your ex has been moving from place to place without a permanent residence, this may be difficult.
Your best move would be to hire an attorney in your county who practices a lot of custody and domestic relations law. Serving a person who is living out of the state, without a permanent residence, is tricky even for competent attorneys. Is even more so for way people without any real experience in law. Good luck!
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