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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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My 17mo old son was born to an unwed mother in my county.

Customer Question

My 17mo old son was born to an unwed mother in my county. when he was 13mo she moved him 2 hours away and filed a motion to establish parental rights and responsibility/motion to establish child support. We had a pretrial where established temporary visitation and were supposed to work on a shared parenting agreement but she's been uncooperative and we have nothing for our next pretrial on Wednesday. I know in Ohio a child born to an unwed mother she is by default the custodial parent. How do I file a motion requesting shared parenting?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

You can file in the county where your son lives now. You can go to the clerk of the court and request the forms to file.

Expert:  Samuel II replied 1 year ago.

If she is not cooperating with the parent plan, you can explain to the court that she is just not acting in the best interest of your son. You also can seek sole custody, if you feel you can provide the better environment for your son.

Customer: replied 1 year ago.
The next pretrial is Wednesday at 2:20. Can I just go an hour early and file the paperwork then? I have printed the paperwork from the courts website.
Customer: replied 1 year ago.
Since she and her lawyer will be there I could file it with the court and "serve" her a copy at or just before the pretrial hearing?
Expert:  Samuel II replied 1 year ago.

Yes. You can file it. You need to have someone serve the attorney. You cannot serve it yourself. It must be done by someone not a party to the proceeding.

Expert:  Samuel II replied 1 year ago.

And they have to be willing to file the Proof of Service with the court. So maybe if you have a friend or relative who can go to court with you and they are at least 18 years old, they can serve it and then file the Proof of Service.

Customer: replied 1 year ago.
Can a I file with the court and then send it to him after the hearing by certified mail or does he have to have it before the pretrial?
Expert:  Samuel II replied 1 year ago.

You can file and then a separate hearing will be on the docket. She will have a chance to oppose it in writing and then a hearing set in.

You can tell the attorney and the court that you have filed for shared custody. You can show them the papers. If the attorney says they will accept service then and there, I suggest you still have it mailed and the proof of service filed when it is mailed and received.

Customer: replied 1 year ago.
I should be able to file it if I go an hour early to do so, then attempt to serve the attorney when I see him at the pretrial, then send it certified mail afterwards whether or not he accepts it... Will that work? Or does it take longer to file the motion with the court?
Expert:  Samuel II replied 1 year ago.

As I said, once the attorney is properly served via the mail, even if you hand it to him, they have 30 days to file a written response.

Expert:  Samuel II replied 1 year ago.

At the upcoming hearing, you can tell the judge you filed for shared custody that day, an hour ago or whenever