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In order to modify custody ordered by the court, you must be able to show that there has been a material change in circumstances that warrants a change in custody.
In this case, if the children are not being taken care of, are malnourished, hygiene is below reasonable expectations, if the mother is an alcoholic, etc., these are certainly material changes that are a real threat to the children - mentally and physically - that is grounds to seek a modification of custody.
Also, the judge is required to do whatever is in the childrens' best interest. It is obviously not in their best interest to be neglected, not properly nourished, and to be driven around by a mother that has an alcohol problem.
Thus, you certainly have legitimate grounds to seek a change in custody.
im in a position where i cant afford to pay council for this,, that is why i didnt do it during the divorce, but i was told without proof of her alcoholism i didnt stand a chance,, (ie dui, or pi following her) they wanted an alcohol assessment done and a guardian,, etc,,, i cant afford this right now, but im affraid she is going to hurt the kids, my 11 yr old self esteem is so low its effecting her school and mom is saying its my fault.
can i/do i dare, to represent myself in this case.
and do i have use a guardian and do the alcohol assessment, or can i just request the judge meet with the kids dressed down..any suggestions, im sick to my stomach over this.
her father is a very rich surgeon, and is an alchy himself so no one will try to help her.
he bought her a big house car...etc....that is another reason why i was told i couldnt ask for custody because they have a home that my ex's dad is paying for and i live in an apt now...
You can represent yourself, but should also be able to locate a local legal aid office or pro bono attorney in your area that can assist you. You're certainly better off with an attorney's help.
Also, you don't necessarily need a DUI to prove she has alcohol problems. If the children will testify regarding this, that's very good evidence. Also, any personal observations that you've made would be admissible testimony.
If child services has gotten involved and found that she is not taking proper care of the children, you could call them to testify as well (by having the court issue a subpoena for the case worker).
children services allowed mom to sit in the room with kids and they all got afraid and wouldnt say anything to them
mom has trash cans outside full of cans and bottles and hides it all over the house..the kids will verify this,, so that makes me feel better, but it sounds like youre saying i should use a guardian, and all of them here in cleveland are women,,
so if i go into this alone or maybe with some local help, can i ask the judge to speak to the kids, or will this not be allowed
You can contact the Ohio Bar Association about finding a legal aid attorney your area to assist you with this. www.ohiobar.org.
Yes, you should be allowed to speak with the children - at least in the presence of the judge.
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