joint custody rights questions

[gfearing]

I live in Ohio. I have both joint legal and joint physical custody of my 13 year old son with my exwife. Since our divorce two years ago, we have alternated residency every week (I pick him up from his mom's on Sunday at 7pm and she picks him up from my house the next Sunday at 7pm).
At the beginning of the summer, she text messaged me telling my she was giving full custody of him to me "for the summer". He lived with me full time and she took every-other-weekend visitation until a week ago. She came to my home and picked him up on Friday, as usual. The next day, she texted me to inform me she was taking him for the remainder of the summer, claiming "equal time". I informed her that if she wanted to resume our usual agreement, that would be fine, and that I would pick him up from her place on Sunday August 10th at 7pm. When I arrived at her apartment, with a police officer present, I discovered that she had moved out over two weeks ago. She never informed me of this.
I have no idea where my son is. I also don't have the money to retain an attorney. What should I do?

 

[irish223]

Visit or call your county courthouse. They may have the forms available so that you can file for contempt. Although they can't offer legal advice, they may be able to tell you what your other options are.

You can also try an initial consultation with an attorney to determine your options. You should be able to find someone who offers a free or reduced cost initial consultation.

You may find more information on your county court's website. Here's a link to the Ohio county courts websites:

http://www.supremecourtofohio.gov/Web_Sites/courts/

 

[ohiogranny]

Do your orders say that this schedule is year-round? Or is it different in summer?

If she has violated the court order, it's contempt, but is this not kidnapping? Custodial interference? What did the police officer say? Is this not a reason for an Amber Alert?
Here is some info on that: http://www.ohioamberplan.org/tips.aspx

I would ask an attorney if you should file exparte for sole custody and supervised visits for mom. You may have trouble serving her if you don't know where they are, but I would think you need to act or the court will think you think it's okay for mom to have him who-knows-where.

 

[gfearing]

Have edited and rewritten below.

 

[gfearing]

The papers don't say much, just that we will work together for our son's well-being. Back then, she had always been cooperative and always tried to do what was best for him. The papers say that any written, and signed agreement will be bindable (?) as long as it doesn't violate Ohio law, and that if we can't agree on a holiday, then whoever had him the last year doesn't get him this year.
As I said.....EXTREMELY open-ended. This seemed fine until I remarried. Then things changed (a HUGE surprise as she was the one who wanted out...but then again, perhaps not). After that, we couldn't even talk on the phone. I had to resort to text messages only otherwise all H*** broke loose.
Anyway, I have a text (downloaded from my cell phone) and a statement form his teacher that she said the same thing to her that I'd have "full custody for the summer" and she'd take "standard visitation". It was on the August 1st visitation that she disappeared with him. I have obtained a P.O. Box number so she can be served.
The papers also do not specifically state she must inform me that she's moved, but I assumed it was part of Ohio law....and we've practiced that until now. By the way, she has also denied me the "visitation" that I granted her at the beginning of the summer.
Anyway.....With such a vague agreement.....can she still be held in comtempt for the things she's done?
Can ANYONE answer that.....please!?

 

[irish223]

It does appear that Ohio requires permission from the court in order to relocate with the child. Also, you don't know where your child is. Further, if she isn't replying to your messages, then she's not working with you for your son's well-being. I'm not a lawyer, but I'm sure you have enough grounds to file contempt.

I also agree with Ohiogranny that you should check with a lawyer about filing for emergency custody, and then you should modify your existing order to specify parenting times.

BTW, even though you don't communicate by phone, under these circumstances you should try. If you want to check Ohio code, the link is:

http://codes.ohio.gov/orc/

Good luck, and keep us posted.