Ohio  |  Family Law

Legal Question

Asked on: 5/29/13, 8:36 pm

I have full custoday of my 5 year old grandson. Just because both parents ( not together nor was ever married), have stopped drinking and drug abuse, if I haven't done anything wrong what is my chances of losing custody? Upon getting full cutody there was no specific visitation order from the court. He made false accusations of bite marks on the back, the police as well as child services told me to stop visitation. They said for him to sue me for vistation and the judge would order supervised visitation at a special house, instead the judge gave him standard visitaion orders. Now he has got his own place and is going to sue for unsupervised visitation or custody.If I haven't done anything wrong what is my chances of losing this child?

1 Answer

Answered on: 5/29/13, 10:04 pm by Eric Willison

In Ohio, if the parents of the child are not married, then for the child to be placed with a person who is not one of the child's natural parents, the court must find that the parents have either abandoned the child or are unfit.

It sounds like the court previously found the father unfit and thus gave you custody (though without reading the actual order I can't say for sure). If the court makes a determination that the father is now a fit parent, then the court could order custody to the father. You would want to present evidence of the father's unfitness to parent the child.

As far as the odds of your losing custody, even if an attorney has all the facts at his fingertips, it is impossible to give you a percentage chance of one outcome or another. Attorneys can speak in terms of possibilities rather than probabilities.

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Law Office of Eric E. Willison 625 City Park Avenue Columbus, OH 43206

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