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custody determination

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#1 parisian


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Posted 30 March 2012 - 04:30 AM

To preface this case, it is bizarre and difficult for anyone to wrap their head around.The case is in Ohio. Ohio law states in the case of never married parents the mother is the sole legal custodian. The father left when my children were 3 months, 1& 2. The support agreement is obviously a seperate issue and was done in court. Via court mediation in 2003 he elected to have visitation every Sunday from 10-6. I married in 2009,my husband resided in NJ for work purposes, and we commuted every few weeks. I wanted my children to have time to acclimate and we saw a therapist so they would be well prepared when we moved to NJ. In 2010, however their father had a massive heart attack and was not expected to live. I thought it in their best interest to remain in Ohio, finish the school year as my eldest is in special ed.

I filed notice with the court July 18th, and have a time stamped copy.  At 9:30 pm on a Friday night in October, I was served with hundreds of court papers and 13 motions filed by my MOTHER. I am employed, I do not drink, have never used drugs, am happily married ,and have no record of any sort,I hold a nursing license in 2 states.

The following Monday was a federal holiday, court was scheduled for Tuesday at 10 am. I had no way to get to Ohio for court, nor secure an attorney. I called the courts immediately, and left unreturned messages with the baliff, magistrate, judge etc. To no avail. My mother made atrocious ,entirely false allegations, all of which I have court documents, school, physicians documentation to disprove. Simply because she is vindictive, has endless money and has to control every one and everything around her. She filed motions with the father time stamped together, and hired his attorney. . The Judge granted her motions, because I was not present. She came to NJ, had the police remove my children from school, place them in holding cells for 4 hours, then left the state with their father. Every allegation I can easily prove as untrue. Apparently this is quite the money train, as I have now been to Ohio 2 times, each time a continuance now a guardian ad litem. My attorney whom I thought was good, said intially this is an easy open and shut case as I have 10 years of documentation I saved, knowing this day would come. I fired my attorney this week. After the guardian ad litem was appointed, I was told my portion was $200. The father $200, and my mother $400. I immediately completed an 18 pg packet from the guardian, and sent it via fed ex in Nov. She began working on the case in Feb, a week before court. Why am I paying for motions/allegations to be investigated for  case I did not initiate? Now being billed at $200 per hour.

I told my attorney that I appreciated her work, however I will not pay or partake in this money train, after sitting next to a room full of derelicts, addicts, and abusers who all had custody of their children. What a mockery and farce. It's amazing to me I was a fit parent for 10 years alone ,and as soon as I move I became unfit. I am nearly 40, I hardly think a near 70 yr old is child rearing material.  I truly can not believe an ECO was granted  After 2 continuances I have been there both times, and neither the judge or Magistrate asked to see or speak with me. I have nothing to lose, as it seems he who has the most money wins. My children have been denied all contact with me by my mother. Something is very wrong. I know only a fool has himself for a client, however this case has drained all of our finances. I am representing myself, and need to determine the best source for case reference and effectiveness in court. Emotions aside, I need to be well prepared for court, as the opposing counsel is a well known successful litigator.

#2 RetCopPrlgl


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Posted 30 March 2012 - 05:17 AM

While your post is a bit extraneous and marginally interesting, what exactly is your question ?

I am not an attorney. My comments are made based on my training and experience as well as diligent research.  I am also not perfect, therefore, I will accept constructive criticism, if tendered with respect.

#3 Guest_FindLaw_Amir_*

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Posted 30 March 2012 - 09:55 AM

Could you please state your legal issue for the community to address?

#4 parisian


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Posted 31 March 2012 - 04:48 AM

Thank you for your reply?inquiry. It was quite polite,which I appreciate. I atttempted to provide the relevant facts, without a short novella. I had sole legal custody of my 3 children from birth (1999) until 10/2011. My mother, after I moved with my 3 children fromOhio to NJ, sought an ECO and filed 13 absolutely outrageous motions against me. She was granted an ECO, came and took my children the next day 10/13/2011. Obviously I am fighting this, the father is a party to the case seperately as well. She was granted the ECO as Iwas not able to appear with 3 days notice ( I live in NJ) . Also based on the allegations, as we all no anyone can make any allegation they want, the burden of proof lies on the person making the allegations. They are all highly false, and I have voluminous documentation to prove so. My question is without an attorney, I am fighting to regain custody myself now. My attorney merely made it worse feeding into my mother's wealth and power. I want the ECO dropped, the guardian ad litem is ridiculous. When I have documentation to disprove all claims, and cleary I was a fit parent for 13 years until I moved. How do you fight this in court.....without a long drawn out saga and tremendous expense. It is unfathomable to me that a 67 yr old is raising a 10,12 & 13 yr old and dictating 3 attorneys and a judge and magistrate. To sum it up, how do you fight this,  regain custody, emotions aside in a smart legally effective way.

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