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Have custody questions. Ohio. We had a shared parenting

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Have custody questions

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

Ohio

Lawyer's Assistant: What steps have been taken so far?

We had a shared parenting order. from 2012. I was residential parent. I went to jail for one night because of a dog at large charge, I left my son with my boyfriend, my exes parents came to my home and took him on February 6th. illegeally. Then on Feb 9th he was granted emergency custody. I need to know if a judge will give him full custody based solely on that? Ive only ever been in trouble for minor traffice violations and a dog at large.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have an attorney but so far she has given little to know advice or filled me in

Submitted: 4 months ago.Category: Family Law
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Customer reply replied 4 months ago
in his legal affidavit he said he has never moved and that we have shared custody my sons entire life. He was away for the first full year of my sons life and only gets him on weekends. And only weekends when his parents can pick my son up. I have lived at my current address for 2 and a half years and hes never been here. my sons turning 8 this year.
Answered in 9 hours by:
3/15/2018
Family Lawyer: Sean K, Family Law Attorney replied 4 months ago
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 870
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

Give me a few minutes to look over your information and I will be right back. Do you have any upcoming court dates set?

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Customer reply replied 4 months ago
we go to court on March 28th. And have a deposition on April 2nd
Family Lawyer: Sean K, Family Law Attorney replied 4 months ago

It seems that your ex is intent on causing problems. First, emergency custody orders are not that unusual and people use them to try to short cut custody changes. It is not unusual for courts, if one party is arrested and in jail, to grant an emergency custody order because, and this is the case in Ohio, one or more of a set of broad reasons may have been met. That being said, it is important to realize and understand that just because someone may be entitled to emergency custody, that does not mean that they are entitled to a full change of custody.

For instance at the next hearing the Court will look at the reason for the order for emergency custody being granted and see if the emergency is ongoing. It does not sound like it is. Next, and this is important, the Court will determine if the party seeking the Order was accurate in what they told the Court. If you can show they were not, then this will be bad for the other side's case.

The way to look at this is as follows - just because there is an emergency it does not mean that there should be a total change of custody and the Court will look at all factors relevant to custody. If the emergency is no longer present, that in and of itself may end things. The cases where there is the most likely change of custody is where the emergency is ongoing and has not, and/or may not, change.

Your goal is to show there is no emergency and it looks like even if there was, it has ended.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Category: Family Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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