Lost Custody but was never taken to court or proved as an unfit parent is this legal?

Question

I went through a divorce. In my divorce I was awarded custody of my older son and got to claim him on my income tax and she got custody of our younger son and claimed him on her income tax. I also paid child support for my younger son. My son and I had a fight as children and parents often do. He went to his mothers because he was upset. I didn't have a problem with it at first. It's his mother. But somehow she had a paper that stated she had custody and they attached my wages for both kids. I was never taken to court or proved as an unfit parent in order to lose custody in any court of law. Is this legal? Are there any lawyers in Ohio that could help? Can I get custody back? How?

Answer 1

My advice is to speak to a lawyer and the best, most inexpensive way to do this is through Pre-Paid Legal Services. For more information visit the website below, and feel free to contact me through that site if you have further questions on how this service may be able to help you. I encourage you to find out what your rights and options are in this situation.

I wish you the best of luck.

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Answer 2

Did you actually see this paper she has saying she has custody? My best guess is that she was able to prove to Child Support Enforcement that the child has been staying with her. If I were you I would demand that "proof" from CSED and then go down to the courthouse where your divorce is filed. Pull the file... this should be fairly easy, it's public information. If there is no court order giving her temp or perm custody then your custody order is still in effect and you can enforce it. You might even get the local police to do a civil standby and force her to return your child.

Answer 3

First off.. you never said how old the child was.. in some states after the child is over the age of 12 they let them choose the parent they want to be with..

Second of all.. I hope you have a copy of the papers that she had.. it might not be real unless it is signed by a judge.. seems that it must have been in order for them to take childsupport out for both kids now..

Join a group for father's rights if you can find on in the area.. some lawyers will give you one visit (advice) for free if you just want in the office and do not make a appointment.. have papers in had..

Answer 4

Yes, an attorney would be the best option. If I could show you a way to have one on retainer for $26 a month, would that be valuable to you? Actually you could have an entire firm on retainer to ensure that whatever legal issues you have are handled by an attorney that specializes in that type of law. So beyond this issue you would have legal representation no matter what you go through. I have helped people straighten out their legal affairs by providing them legal plans. I am a parent as well and have a former spouse, I can only imagine what you are going through right now.
If you'd like more information, contact me at [e-mail]. I'd love to help you out. Good luck, I hope to hear from you soon.

Answer 5

You don't have to be taken to court for custody papers to be drawn up. I figure your son spoke to either your ex wife's lawyer and then the judge in the custody part of your divorce and the judge changed the custody order. In order to get custody back you will probably have to server her since your son isn't involved in YOUR custody case.

Answer 6

It sounds like she got temp custody to gain custody of your son using whatever reason she used against you. Now, since you have the original decree giving you custody of him and not have been notified of the other, you can challenge her on this temp custody and find out what she said to get this new order. Sounds like she managed to pull a fast one by probably using lies to accomplish this. Definitely challenge her on this. Just be prepared, if your son is old enough and the judge thinks it best, he may ask your son who he wants to live with. Im not an atty but I got my paralegal certificate from Dyke College in Cleveland

Answer 7

Get a lawyer fast. It sounds like she got a temporary order for custody but, by doing so, she had to lie since you have court appointed custody and no temp. order can override that. If he lives with her for six months then more than likely, she will get permanent custody.

Answer 8

Sorry about that, but when he changed his place of residence she probably went and filed a change of custody suit. If you did not contest it, it would have passed right through the courts and been approved. They did you wrong by not notifying you about the request to change custody and modify child support. I am really sorry. You were raked over by the system.

Answer 9

Wow, it rather is finally attending to the sturdy stuff. So happy that Cane is often used with, yet kinda taken aback that he's not any longer working to Lily remarkable away and sorting out for the toddler's terrific pastime..tho i'm not sure taking her faraway from her mom is a sturdy theory. i think of Chloe extremely loves the lil "bump" as any mom might and this might tear her aside. i know she's lied repeatedly and deceived all and sundry in her thank you to get right here, yet she's beginning as much as practice out to be a super character for Y&R!

Answer 10

if you had a lawyer in the divorce contact them.he went to stay with her cause he was upset you should have asked if it was apermit move.if so legaly she can file for custody if he was of age to decide he wanted to live with her.but contact a lawyer.