Trying for at least Joint Custody

[Emooly15]

I have a few questions actually. I now live in Ohio and the mother still lives in West Virgina but in a different county than the original file location. Can I file over in Ohio or do I have to go back to the original file location.

Here is the story.

I have tried to get custody of him twice. Each time getting more visitation but not full custody. I am wanting to get at least joint custody. We live about 15 minutes apart but would I still have to pay child support even with joint custody? The mother is currently unemployed. She has had many CPS reports on her. She is a convicted felon and did not fulfill her probation so she went back to prison a few years ago. She was only gone for a month. She left my son in the care of her mother. Well CPS placed him with me and my wife because her mother's husband is a convicted child molester. My son still goes around him to this day. She does not care for him at all. She places him in daycare anytime he is not in school. He stays there until 8p or 9p. Currently I have every other weekend from Thursday at 6p to Sunday at 6p and every Wednesday from 5p to 8p. We have him way more than we are supposed to though. In December we had him almost the whole month. I keep track of how much we have him. We have him over 50% of the month anyway. Would this make it easier for me to get at least joint custody? Her boyfriends beat on him and she has been turned in for bruises on him a ton of times but they still never do anything about it. CPS just will not do anything. My son beats her half to death also. He has never raised a hand to me or my wife. But he gives his mother black eyes all the time. He is a danger to her and himself when he is with her. I am afraid that if nothing is done he will end up in Juvenile detention! Please respond and point me in the right direction. I don't know what else to do?

Thanks in advanced.

 

[Proserpina]

I have a few questions actually. I now live in Ohio and the mother still lives in West Virgina but in a different county than the original file location. Can I file over in Ohio or do I have to go back to the original file location.

You would file where Mom and kiddo now reside.

Here is the story.

I have tried to get custody of him twice. Each time getting more visitation but not full custody. I am wanting to get at least joint custody. We live about 15 minutes apart but would I still have to pay child support even with joint custody?

Very possibly, yes.

The mother is currently unemployed.

Irrelevant to custody.

She has had many CPS reports on her.

What did the investigations prove?


Anything? Nothing?

She is a convicted felon and did not fulfill her probation so she went back to prison a few years ago. She was only gone for a month. She left my son in the care of her mother.

Okay.

Well CPS placed him with me and my wife because her mother's husband is a convicted child molester.

My son still goes around him to this day. She does not care for him at all. She places him in daycare anytime he is not in school. He stays there until 8p or 9p. Currently I have every other weekend from Thursday at 6p to Sunday at 6p and every Wednesday from 5p to 8p.

So how did your son end up back in the primary care of your ex?

We have him way more than we are supposed to though. In December we had him almost the whole month. I keep track of how much we have him. We have him over 50% of the month anyway. Would this make it easier for me to get at least joint custody?

We? Not a chance. You by yourself? Possibly. Can you PROVE how often you have him?

Her boyfriends beat on him and she has been turned in for bruises on him a ton of times but they still never do anything about it. CPS just will not do anything.

Seriously? Your son is being BEATEN and neither his pediatrician, CPS or the police will do anything?

How do you know this?

My son beats her half to death also.

Is he in counseling for his obvious anger issues?

And "half to death"? Really?

Look, I don't mean to come across as harsh but you have to be straight with us. "Half to death" suggests coma. Is that the truth?

Or is it exaggeration?

Where are the police reports? The hospital reports?

He has never raised a hand to me or my wife. But he gives his mother black eyes all the time. He is a danger to her and himself when he is with her. I am afraid that if nothing is done he will end up in Juvenile detention! Please respond and point me in the right direction. I don't know what else to do?

Thanks in advanced.

Why do you think you are the better option?

 

[Emooly15]

ok wow where to start.

The CPS investigations have stated that he had visible bruises caused by hand, stated that he has seen his Grandfather (Mother's step dad) who is a convicted child molester, but all she gets is a don't do it again. I have filed complaints on the CPS workers for this but nothing is done.

He was only placed with us until she was released from Prison because he could not be in the care of her mother due to the child molester. So when she came back from prison he had to go back to her but no one saw anything wrong that she left him in the care of a child molester.

My wife and I keep a record of how often he is with us. How else do you PROVE he is with us? Pictures with dates on them? We have those. Just wondering.

He has bruises all the time from her boyfriend where he "whips" him. And no. No one will do anything about it. Has been turned in before and nothing happens. And I know this because you can see a bruised hand print on his body that is as big as mine. And the mother does not have large hands. And my son says so.

And yes half to death is an exaggeration. I am so sorry that I am not up to your standards on how to word my anger. I am here for options and to be pointed in the right direction. I am getting a lawyer but I am just looking for some quick answers. sheesh a little hateful are we?

No he is not in counseling. She won't agree to it.

Why do I think I am the better option? Well for one I have never been to prison. I have a wife and a child with special needs that I take care of. I have a good job and a house. I don't live off the government. I have receipts that I have paid for everything that he does like sports. I have paid his daycare before so he won't get kicked out. I take care of my responsibilities. And how is her not having a job irrelevant? She is able to work just chooses not to. There is no reason that she can't get a job besides lazy.

 

[Proserpina]

ok wow where to start.

The CPS investigations have stated that he had visible bruises caused by hand, stated that he has seen his Grandfather (Mother's step dad) who is a convicted child molester, but all she gets is a don't do it again. I have filed complaints on the CPS workers for this but nothing is done.

So, CPS has determined that there is no risk? Then that's not going to help you at all. It's a non-issue.

He was only placed with us until she was released from Prison because he could not be in the care of her mother due to the child molester. So when she came back from prison he had to go back to her but no one saw anything wrong that she left him in the care of a child molester.

What proof do you have that this guy is a child molester? It's important

My wife and I keep a record of how often he is with us. How else do you PROVE he is with us? Pictures with dates on them? We have those. Just wondering.

Daycare records perhaps? Things along that nature?

Example: I could keep a journal saying that I have your son three nights a week. Without proof, it's your word against mine. Know what I mean?

He has bruises all the time from her boyfriend where he "whips" him. And no. No one will do anything about it. Has been turned in before and nothing happens. And I know this because you can see a bruised hand print on his body that is as big as mine. And the mother does not have large hands. And my son says so.

So there is no proof of any abuse. When he comes home from your ex's place with these bruises, do you take him to the pediatrician?

And yes half to death is an exaggeration. I am so sorry that I am not up to your standards on how to word my anger. I am here for options and to be pointed in the right direction. I am getting a lawyer but I am just looking for some quick answers. sheesh a little hateful are we?

No hon. I'm not hateful in the slightest. I understand your anger at a complete stranger who is being objective and honest.

I'm a volunteer here and actually trying to guide you further. You see this is about the law, and you've got to be precise. A decent defense attorney would rip you to shreds for exaggeration - see where I'm coming from?

No he is not in counseling. She won't agree to it.

He really needs to be in counseling. This is something you really need to pursue. I STRONGLY recommend you request that the court appoint a GAL on behalf of your son.

Why do I think I am the better option? Well for one I have never been to prison.

That's good, but it's not a change in circumstance. The authorities apparently don't see a problem with Mom having custody.

I have a wife and a child with special needs that I take care of. I have a good job and a house. I don't live off the government.

Doesn't matter, legally speaking.

I have receipts that I have paid for everything that he does like sports. I have paid his daycare before so he won't get kicked out.

Doesn't matter, legally speaking.

I take care of my responsibilities.

Doesn't matter, legally speaking.

And how is her not having a job irrelevant? She is able to work just chooses not to. There is no reason that she can't get a job besides lazy.

Because being unemployed doesn't mean you're not fit to be a parent.

Look, I know you're angry and upset and hurt, but you've really got to let that go.

You've got to FOCUS.

You've got to be objective.

Now, you've said you're going to see an attorney.

I think that's your best bet.

 

[Emooly15]

Well the proof I have that he is a child molester is where I said convicted. Yes 100% been through the courts convicted on the sex offender list proof. We don't put him into daycare but she does. So just because he wasn't in daycare doesn't prove he was with me if that is the route you are taking. Also I am not on here like I am on the stand. Just wanting quick answers. The whole reason I am wanting a change in venue is because of the judge we have had. She has a personal connection to this judge. I have asked the county for a different judge but they refuse to give me a new one. And yes I have proof he is a family friend. They went on vacation together (the families not specifically them alone) This is why the authorities have not given me full custody. Plus the CPS in WV is really hard to get them to do anything. I have personally had a CPS worker come to my house when I had my son to look at the bruises that was a visible hand mark bruised on the inside of my sons leg. She said she would talk with the mother. She told her to not let it happen again. Seriously I heard this with my own ears. You said that we have to file where mom and kid reside? But the last time I filed for custody change I did not file where mom and kid lived nor where I lived. I filed where the first case was first located. Neither of us have lived in that county for years.

 

[army judge]

Some parents take pictures of children holding a local newspaper and showing the date and headline.

They do that everyday.

Some have the child pose under a bank or business sign (flashing billboard) that gives the date, time, temperature, and business name.

Again, they repeat the photo daily.

Yes, you would be wise to retain an attorney and follow her/his advice.


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[Emooly15]

I hate to be a downer but with the newspaper how would you know it was really from thats day. You can save the newspapers from the week or month and then have the kid pose by them.

 

[Proserpina]

Well the proof I have that he is a child molester is where I said convicted. Yes 100% been through the courts convicted on the sex offender list proof. We don't put him into daycare but she does. So just because he wasn't in daycare doesn't prove he was with me if that is the route you are taking. Also I am not on here like I am on the stand. Just wanting quick answers. The whole reason I am wanting a change in venue is because of the judge we have had. She has a personal connection to this judge. I have asked the county for a different judge but they refuse to give me a new one. And yes I have proof he is a family friend. They went on vacation together (the families not specifically them alone) This is why the authorities have not given me full custody. Plus the CPS in WV is really hard to get them to do anything. I have personally had a CPS worker come to my house when I had my son to look at the bruises that was a visible hand mark bruised on the inside of my sons leg. She said she would talk with the mother. She told her to not let it happen again. Seriously I heard this with my own ears. You said that we have to file where mom and kid reside? But the last time I filed for custody change I did not file where mom and kid lived nor where I lived. I filed where the first case was first located. Neither of us have lived in that county for years.

You won't get a change of venue simply because you don't like the judge.

Please talk to your attorney.

 

[Emooly15]

The judge is in a different county. He is not in the county that mom and kid reside. So I could go to the county where mom and kid reside and file papers correct? This would change the venue.

 

[army judge]

I hate to be a downer but with the newspaper how would you know it was really from thats day. You can save the newspapers from the week or month and then have the kid pose by them.

You're not a downer in any way to me. I was listing ways that some people prove (besides a journal) that their child was in their care. Good luck.



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[army judge]

The judge is in a different county. He is not in the county that mom and kid reside. So I could go to the county where mom and kid reside and file papers correct? This would change the venue.

You can file anywhere you can pay the fee to file. That isn't your problem. If you file in the incorrect forum, your case will simply be dismissed.

Your attorney will advise you as to the forum in which to bring your suit.



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