OHIO CHILD CUSTODY DISCUSSION

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Child wants custody change

From: frustrated w/system
Date: 02 Mar 2001
Time: 15:47:11
Remote Name: 63.219.95.34

Comments

My divorce was final in 7/99..the Magistrate allowed the children (girl 14/boy12 at the time) to be split because the boy wanted to live with his father. I did not discuss w/the children the abuse that had been going on for years. They only knew that Dad yelled a lot and that he would keep me up all night yelling at me. The daughter had a relationship w/the father so she did not even want to visit w/her father. To make this story short, the GAL suggested for me to allow the son to live w/father knowing the abuse emotionally & psyically because the son wanted to. She said the harrassment (documented police reports 15+) and violation of temporary orders would cease once he received custody...I disagreed but fell into the ole trap of allowing a stranger tell me what is based for me. After the divorcwe the harrassment increased to stalking and eventually to the loss of my job. The attorney fees were so great that I had to remortgage the home, debt (I was the breadwinner) and after loosing my job to his harrassment and additional charges brought against the daughter for unruliness, the law agencies stated that they could not guarantee my safety any longer. Suggested that I move and provide safety for myself and the daughter. The son was involved in the decision but again chose to stay with dad. To make a long story shorter, the son has now grown up and realizes the lies/threats and true mannerism of his father. He has asked me to allow him to move with me. Since the threats I have moved to a neighboring state (4 hrs) away and followed all court orders to the tee. I have never been charged with any contempts even though he has had me in court twice since the divorce. He has been charged with contempt of visitation and his anger has been noted. The son is almost 14 now and has "real" issues to move. The emotional and alleged physical abuse has started with him. He has become truant, poor grades, depressed etc....he has me going back into court on yet another alleged contempt charge of violating his parental rights when I came over to talk with the son and took him to the Children Services and Police Department for validation of the alleged incidents. I am taking the opportunity to ask for a custody change and also file some contempt charges of my own for add't violations. How much weight will be given to the son's request to move now, since he originally stated he wanted to live with his father? The one thing that is going to hurt me is the fact that even though I filed for a revised custody visitation schedule in 12/99, was heard in court in March 00, the decision was not final until 11/00. My new attorney feels that even though the child has requested this move that the courts will look at it from 11/00 not the date of the hearing of 3/00. Any suggestions? I have already obtained the custody tape video/son is being seen by a counselor who could testify on his behalf of his wishes. In addition, today I just received notification that the Magistrate that has witnessed all the anger/harrassment/violations has reassigned the case to a new female Magistrate. Any suggestions? My son has stated that if he is not allowed to move that he will runaway again...and he would rather die. Help me, help my son....

Last changed: October 30, 2003