ohio emergency custody motion, & contempt of court motion

[cl282298]

I am currently the non residential parent of an 8 year old child. I have a shared parenting order in effect. The child's mother continually denies me court ordered visitation both in person and over the phone. The mother and her new fiancé continually bad mouth and threaten me in front of the child in violation of the order. All phone calls are recorded including these instances of bad mouthing. During my daughters most recent visit(following a hearing on a motion for contempt against the mother which was dropped after the mother agreed to make up some of the visitation and stop interfering with visitation) she told me that her mother is physically abusing her and that her mother had choked her by forcefully shoving a bar of soap into her airway until she vomited for laughing annoyingly(I was also able to record some of this conversation). I reported the abuse to children's services & the agency is investigating it. The mother is now accusing me of harassing her by reporting these incidents. The mother is emotionally unstable(diagnosed bi-polar, borderline personality disorder) and is not being treated for her mental illness(she has a history of suicidal ideation, self mutilation, violence toward me and the child, drug abuse). I am not sure of the procedure for filing for emergency/protective custody, contempt of court, and motion for psychological evaluation of the mother, boyfriend, child. any advice would be greatly appreciated I am at my wits end trying to protect the child

 

[tpajet]

This is kind of tough beign that she's 8, but I would advise her that if something like that happens to call 911 immediatly. It would help if the cops showed up while the evidence was still there such as soap in the back of her mouth, and maybe the brusies to go with it. Tell her she may have to lock herself in a room to make the call.

Otherwise, I'm not sure what else to do, other than going back to court and filing for full custody. If there is enough documentation of what you have said about the mother, you might be able to prove her an unfit mother, or prove that yoru daughter is in danger.

 

[Duranie]

You really need to see an attorney or go down to the court house and see if they have a self help area or family law fascilitator to help you. You can surely file contempt and if mom is abusing the child, CPS needs to be called immed after the abuse happens. If mom is really this unstable and abusive and she denied you visits, then not sure what you are waiting for. Document everything, especially the denied visits, and go to court.