Filed for Temporary Custody; Mother went crazy, took the child until hearing

[cmdbinc]

I'm the father (had DNA test and am listed on BC). Never married to my son's mother. Found out she & her boyfriend have domestic violence and assault charges (less than 1 year old). Both use marijuana also. I have proof of all of this. I filed for temporary custody. There has never been a court order on file for visitation/child support before, and since I live in the county where the child was while he was in my care, I filed here. The mother of my son lives in another county. She came to my home and took the child, I had to call the police because she is a very angry and violent person.
I have the hearing in a week. I have a few questions for anyone out there who knows the answer:
1) What else do I need besides police reports, parts of recorded phone conversations, and a witness statement to prove my case?
2) Can I ask the magistrate to make my son's mother take parenting classes, anger management, and random drug screens?
3)What are my chances of securing tepmorary custody?
4) Can my fiance be in the hearing with me?

Thank you for your time.

 

[Proserpina]

1) Prove that Mom's pot-smoking is harming your child directly. Honestly, pot isn't a big deal in family court these days.

2) You can ask, yes. But in order for your request to be granted, you'll have to show that kiddo is directly in harm's way.

3) Not even going to hazard a guess but again, unless you can show that the child is endangered your chances are slim.

4) Don't even think about it. Your fiancee is NOT party to this and you can harm your chances if you bring her on board.

One thing though - in order for this to even be heard, you have to file where Mom and kiddo live.

 

[cmdbinc]

I've already filed in the county where I live, and they have already scheduled the hearing. My son has never been in a 'court order' in any county, and therefore a lawyer told me I was free to file where I live. They wouldn't have scheduled a hearing if it wasn't allowed in my county would they?
I'm concerned that my son could be harmed. The pot-smoking makes both her & her b/f "out if it" to where the children even climbed out on a 2nd story roof! Also, the mother's b/f is STILL MARRIED to another woman, who happens to be the party of his domestic violence case (he threw her out a window). My son's mother also shouts profanity at him all the time when he misbehaves, and instead of typical punishment like standing in the corner, she makes him run up and down the stairs until he's so out of breath! (He is only 3 years old!)

 

[Proserpina]

I've already filed in the county where I live, and they have already scheduled the hearing. My son has never been in a 'court order' in any county, and therefore a lawyer told me I was free to file where I live. They wouldn't have scheduled a hearing if it wasn't allowed in my county would they?

Yes, they'd schedule a hearing where your case will either be heard or tossed. Without prior custody orders, Mom is by default the primary custodian and so the county where she and kiddo live would be the correct venue.

I'm concerned that my son could be harmed. The pot-smoking makes both her & her b/f "out if it" to where the children even climbed out on a 2nd story roof!

What did you do about that at the time?

(hint: if you didn't do anything - like call CPS or 911 - you can't hold it against Mom now)

Also, the mother's b/f is STILL MARRIED to another woman, who happens to be the party of his domestic violence case (he threw her out a window).

Not relevant.

My son's mother also shouts profanity at him all the time when he misbehaves, and instead of typical punishment like standing in the corner, she makes him run up and down the stairs until he's so out of breath! (He is only 3 years old!)

This is a difference in parenting styles, not a legal issue.

 

[BayState]

I am curious if you took my advice and posted at the other forum that has a Ohio Family ;law attorney/GAL volunteering?