Advice and 411 With Child Custody?

Question by Theresa: Advice and 411 with Child Custody?
Me and my husband are both 26. My husband works and I am a stay at home mom but I get unemployment from my previous job of 7 years. We do not smoke, drink, or do drugs nor have we ever done any of those expect drinking with friends maybe 3 times a year. lol. We provide a clean safe home and our children are very well taken care of. We both have cars and drivers licenses. I have a 5 year old, a 2 year old and a 3 month old. The 2 year old is a boy and he was from a previous marriage of 1 year which ended up in a dissolution. We have a custody agreement of shared parenting. the shared parenting was basically to just agree and get the divorce settled. It was 2009 when our dissolution was granted. He has never had a “home”. he has always lived here and there. I have been very careful as to when and where I will send my son. Theres been times where he hasn’t seen him in months. He has 3 other children to 2 other women. He has never been able to keep a job. hes over 2000 dollars behind in child support with me and im not sure how far behind he is with the other 3 children. He does not have his drivers license due to a DUI that resulted in him wrecking into a car and having no insurance. He has served jail time for that and still has not paid his fee’s. He has a history of drug abuse which I know consists of pot but i have heard from very reliable sources that he has done coke and crack. Recently he has “tried” to change and went to a rehab out of the state. He made everyone believe he was going to change and wasn’t coming back until he was. Well after 2 weeks he is back in town and is demanding to see our son. He is living in a bad neighborhood with a girl that i do not know. I am going to file papers for a “motion to change visitation”. I would like full custody. I no longer want my son to have to deal with that. I want my son to see his father but right now he can’t take care of himself. I live in Ohio. Would the judge, based on the info provided, rule in my favor? I am scared for my sons well being and safety but have been told that if he can pass a drug test that they wont grant it. He says hes been clean for 2 weeks….but i know that it wont last. I need help!

Best answer:

Answer by CaCO3Girl
He has an unstable home, you don’t know where he lives because he moves all the time. He is living with a girl he is not married to. He has a documented history of drug behavior and erratic visitation.

I would ask for the modification of the court order to make his visitation supervised. we have my step son’s mother on every other saturday for 3 hours, supervised by me or my husband. In hindsight I would have made it a supervised visitation center to cut down on the bull…but anyway, she also can’t be more than 30 minutes late or the visitation is void.

Based solely on the fact that he doesn’t know the kid you should be granted a temporary order….but file soon, and offer the supervised visit to him now, just make sure it isn’t during a time he would have had the child.

Ohio doesn’t have joint custody, so you are pretty much in control there.

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