Child custody

[Sammi_Doodle]

Jurisdiction

Ohio

Hi my husband is wanting to take his daughters mother to court for child custody. They were never married so in Ohio he has no rights to his daughter. Daughter is 3. He pays child support and is current and up to date. Here's the real issue-daughters mother started keeping daughter from him a little over a week ago because she saw my husband attempting to buy marijuana for his dad. My father in law has colon cancer and marijuana helps with the side effects. My husband of course didn't end up buying the marijuana because he panicked after his baby mom saw him (I was at home with my step daughter while all of this was happening). Baby mother called the sheriff and they came and got my step daughter. Nothing about marijuana was mentioned when the sheriff came-they came with baby mom, asked for my step daughter, we told her good bye and they left. So my real question is-is this going to hurt my husband when he takes her to court for custody? My husband can pass a drug test and there is no proof that marijuana was ever around my step daughter all there are is texts between my husband and baby mom saying the marijuana was for his father and that he didn't end up buying it. And before there are any negative comments-yes my husband knows it was wrong to offer to pick up marijuana for his father-he feels absolutely terrible about the whole situation and is completely ashamed of his actions. We are both for the legalization of marijuana but we know that what he did was wrong and could possibly be held against him in court. Please no negative comments or personal opinions. Only asking for legal advice if there will be and possibly what kind of ramifications there could be due to the situation. Thanks!

 

[shrinkmaster]

If you want "actual" legal advice you need to consult an Attorney not a website. Read the disclaimer at bottom of page.

 

[Sammi_Doodle]

If you want "actual" legal advice you need to consult an Attorney not a website. Read the disclaimer at bottom of page.

You're right He does plan on getting an attorney. I should've just said I didn't want negative comments- I don't want to be bashed because we are already aware that the situation is crappy. Only helpful advice please! Thanks for helping me clear that up

 

[army judge]

Only asking for legal advice if there will be and possibly what kind of ramifications there could be due to the situation.

I think common sense already tells you what could happen.
But, I'll post it here for you to consider and pass along.

He could be indicted, arrested, and charged with some crime.

If the sale wasn't consummated, he might get a pass.
But, the cops could try and entrap him, so be smart, don't break their laws.
Forget weed, forget buying it, looking at it, smelling it, smoking, licking it, just forget that something called weed exists, IF HE WANTS TO REMAIN FREE.

A better reason to remain FREE is have contact with YOU and his child(ren), his family, earn money, on and on...

Be smart as the police, OBEY their laws, then you have nothing to worry about but living your life.

I could go on,

 

[Sammi_Doodle]

I think common sense already tells you what could happen.
But, I'll post it here for you to consider and pass along.

He could be indicted, arrested, and charged with some crime.

If the sale wasn't consummated, he might get a pass.
But, the cops could try and entrap him, so be smart, don't break their laws.
Forget weed, forget buying it, looking at it, smelling it, smoking, licking it, just forget that something called weed exists, IF HE WANTS TO REMAIN FREE.

A better reason to remain FREE is have contact with YOU and his child(ren), his family, earn money, on and on...

Be smart as the police, OBEY their laws, then you have nothing to worry about but living your life.

I could go on,

Yes no sale was made the marijuana was never in my husbands possession or around his daughter so the cops can't convict him without evidence or proof.

 

[shrinkmaster]

He attempted to buy it right?

 

[Sammi_Doodle]

He attempted to buy it right?

All baby mom saw was a guy walk up to my husbands car and then walk away. Baby mom asked if she saw him do a drug deal and he said it's for my dad not me and I didn't even get it. That was the entire interaction

 

[leslie82]

You don't get t

You're right He does plan on getting an attorney. I should've just said I didn't want negative comments- I don't want to be bashed because we are already aware that the situation is crappy. Only helpful advice please! Thanks for helping me clear that up

You don't get to tell ppl how to respond and no one gave hateful advice.

 

[leslie82]

You know he can get in trouble just for buying it right? Tell him to tell his dad have someone else get his weed. And tell your husband to get legal advice from a lawyer.

 

[Sammi_Doodle]

You don't get t

You don't get to tell ppl how to respond and no one gave hateful advice.

I wasn't saying anyone had been hateful I was saying before anyone posted negative comments to please not

 

[Sammi_Doodle]

You know he can get in trouble just for buying it right? Tell him to tell his dad have someone else get his weed. And tell your husband to get legal advice from a lawyer.

Yes totally aware of that. And he did tell his dad that-it was a bad decision on my husbands part. He wanted to help his dad but it was illegal and wrong. We are looking into attorneys now. Had already met with one before this situation happened but he was wanting $200/hr and I've been short on hours at work so we couldn't afford that. We go later this week to meet with some free legal advisors at our counties courthouse.

 

[KatDini]

I wasn't saying anyone had been hateful I was saying before anyone posted negative comments to please not

By hateful comments, do you mean like legally, this is none of your business? That legally, in Dad's matter of child custody with Mom, you don't count?

 

[Sammi_Doodle]

By hateful comments, do you mean like legally, this is none of your business? That legally, in Dad's matter of child custody with Mom, you don't count?

I don't find that to be hateful. I totally understand that I have no say so in anything legally-just asking for advice for my husband

 

[army judge]

Yes no sale was made the marijuana was never in my husbands possession or around his daughter so the cops can't convict him without evidence or proof.

You'd be surprised how easy it is to get got if they want to getcha.

 

[Sammi_Doodle]

You'd be surprised how easy it is to get got if they want to getcha.

Well as I said previously my husband never committed a crime because he never had the marijuana in his possession and nothing like this will ever happen again he will never offer to pick any up for his father ever again.

 

[leslie82]

Well as I said previously my husband never committed a crime because he never had the marijuana in his possession and nothing like this will ever happen again he will never offer to pick any up for his father ever again.

It doesn't matter if he never had it in his possession. If a cop had walked up on that attempted deal your husband still could have gotten arrested. Just for attempting to buy it.

 

[Sammi_Doodle]

It doesn't matter if he never had it in his possession. If a cop had walked up on that attempted deal your husband still could have gotten arrested. Just for attempting to buy it.

Totally aware of that but that's not what happened and as I said my husband will never do anything like this ever again

 

[leslie82]

Totally aware of that but that's not what happened and as I said my husband will never do anything like this ever again

"Here's the real issue-daughters mother started keeping daughter from him a little over a week ago because she saw my husband attempting to buy marijuana for his dad"

You're not paying attention. You said he attempted to buy marijuana. My point is yes he got away with it this time and that's great he won't do it again. BUT let's just say the other person was an undercover cop. Or a cop happened upon that scene. Completely different outcome.

Now onto custody - he can take his ex to court for custody yes. And if she wanted to she could bring that incident up but if there's no proof of it then it probably won't carry too far in court.

First he has to establish paternity which he must have done if he has a child support order. Is he ordered to pay support or has he just been paying the mom?

He can take her to court and it's up to the judge whether to grant him custody but if she's been with her mom for three years and no issues then I doubt he'll get sole custody. Maybe joint or shared. I don't know. Depends on the judge.

 

[Sammi_Doodle]

"Here's the real issue-daughters mother started keeping daughter from him a little over a week ago because she saw my husband attempting to buy marijuana for his dad"

You're not paying attention. You said he attempted to buy marijuana. My point is yes he got away with it this time and that's great he won't do it again. BUT let's just say the other person was an undercover cop. Or a cop happened upon that scene. Completely different outcome.

Now onto custody - he can take his ex to court for custody yes. And if she wanted to she could bring that incident up but if there's no proof of it then it probably won't carry too far in court.

First he has to establish paternity which he must have done if he has a child support order. Is he ordered to pay support or has he just been paying the mom?

He can take her to court and it's up to the judge whether to grant him custody but if she's been with her mom for three years and no issues then I doubt he'll get sole custody. Maybe joint or shared. I don't know. Depends on the judge.

Yes he has done a DNA test and yes the child support is court ordered they take it straight out of his checks. And yeah we would love to have sole custody but we know that won't happen. He would love shared parenting but even if he can't get that just having something court ordered for visitations would prevent her from keeping daughter from him which is what's most important. Baby mom is a good mom don't get me wrong Ik she loves my step daughter and takes proper care of her but she is very vindictive when it comes to my husband.