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lwpat, Attorney
Category: Legal
Satisfied Customers: 25386
Experience:  Actively practicing trial attorney
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i have legal custody of a 2and 1/2 year old girl we live in

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i have legal custody of a 2and 1/2 year old girl we live in Illinois. We have had the child since she was 3 months old and taken away from the parents in the state of Ohio. The childs birth mom is my niece. The parents are heroin and crack addicts living on the streets, they have not seen the child since she was taken away. The state of ohio has pursued them for child support for 2 years and still has never recieved any. Recently the dad was approved for mental disabilty SSD and recieved his 1st check in November and child support was taken out. The birth mom is also getting ready to be approved for disabilty. Now i recieve phone calls constantly requesting notorized letters to the courts in Ohio relieving them of all back pay and future pay and if i do not write these letters they are filing for visitation and custody. The parents live in Ohio the child lives in Illinois
Any custody filing would be in the state of Ohio since that is the state where the original action was held. However there is almost no chance of them being given custody. The child needs the support so I would not agree. It is unlikley they will be able to find an attorney to take the case should they decide to try and follow through.
Customer: replied 6 years ago.
what about visitation, would a judge grant visitation to a toddler to drug addicted mentally unstable parents? the birth fathers mom or the childs paternal grandmother is going to file with him, to help his chances. This man has 4 children, custody of none, but his mom has custody of one of them.
The court might order supervised visitation but they would have to be able to pass a drug test.
Customer: replied 6 years ago.
would they have to come to illinois or would i have to bring the child to ohio for visitation
That would be up to the court. I can't predict how an individual judge is likely to rule since it depends on the evidence presented in court.
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