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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29281
Experience:  Lawyer
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MY NEICE IS KEEPING MY NEPHEW FROM ME, i HAVE BEEN IN HIS

Customer Question

MY NEICE IS KEEPING MY NEPHEW FROM ME, i HAVE BEEN IN HIS LIFE JUST ABOUT EVERY DAY FROM BIRTH. i PICKED HIP UP FROM DAY CARE, HE STAYED AT MY HOUSE MOST EVERY WEEKEND TILL HE WAS THREE, AND THEN EVERY OTHER WEEKEND TILL HE STARTED KINDER-GARDEN IN SEPTEMBER. I HAVE SEEN HIM ONE TIME SINCE, AND SHE WILL NOT EVEN LET ME TALK TO HIM ON THE PHONE. IT ALL STARTED WHEN HE LIVE IN BOYFRIEND HIT MY NEPHEW LEAVING A LARGE BRUISE. THE BOYFRIEND CONTROLS HER.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: OHIO
JA: Has anything been filed or reported?
Customer: NO
JA: Anything else you want the lawyer to know before I connect you?
Customer: I JUST ASK TO SEE HIM AT LEAST EVERY OTHER WEEKEND
Submitted: 6 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 6 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

If your nephew is in danger from the mother's live in boyfriend, you can call child protective services. You can also file a police report if you saw witnessed the injury or saw the bruising.

Ohio law allows a relative other than a parent to see companionship or visitation with the child by filing a petition with the courts any time there is an existing case for divorce, custody or child support. Ohio Rev. Code, Section 3109.051. This can be filed even if the other case is not currently pending.

To get a court order, you have to be able to show the judge that you have a pre-existing relationship with the child such that you have an interest in his welfare and it's in his best interests to be allowed to spend time with you.

These cases are difficult. The law is still developing. Whenever a non-parent is seeking custody or visitation with a minor child, it can help to hire a lawyer. Note also that these laws wouldn't give you custody over the mother. To do that, you'd need to seek termination of her parental rights based on abuse or neglect. And that's another situation where it's a very good idea to hire a lawyer.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 6 months ago.
You really didn't answer my question. This does not have anything to do with taking hi from his mother. I just want to be able to spend time with him.
Customer: replied 6 months ago.
No and I want to cancel my trial this was no help
Expert:  Lucy, Esq. replied 6 months ago.

Yes, I know. I'm trying to cover all of your options.

To spend time with your nephew, your only option is to get a court order. You can sue for companionship or visitation. That has nothing to do with taking him away. Please review that part of my answer again and let me know if you have specific questions.