Legal Question in Family Law in Ohio

A Mother's Rights

I want to marry my fiance' who is recovering from alcoholism. My 7 yr. old son & him are great friends. My ex,is against it because he knows my son saw a physical argument between me & my fiance'. He wants to fight for joint custody and not have my son around my fiance'. My ex and I have become fairly decent friends for our son's sake. And I did tell him some things about my relationship with my fiance' when me & my fiance' broke up. But my fiance' has stopped drinking & is in church & my ex is highly against it still. Can he stop our marriage, based on situations of the past? Can he win any custody based on past, even if my son testifys? my son is 7. Is there anyway, he can win that I won't have my son soul custody? Would anything be revelant in court about me & my fiance's relationship in the past, besides the 1 time fight? What do we need to do to prove we are both fit to be married and have soul custody of my son? Thank you, Very Confused


Asked on 11/17/02, 12:35 am

1 Answer from Attorneys
Stephen Daray Sciangula & Daray

Re: A Mother's Rights

The short answer is that yes, it can make a difference with respect to custody. But let's deal with this in order. First, he can't stop you from getting married. After that, your remarriage can affect custody. Chances are that it will not only be the one physical fight, but every verbal argument you and your fiance have had by the time you get to court. I would documemnt all the efforts made by your fiance with regarding to drinking and church. It also depends on what your son is teling his father. If he is telling dad what your ex wants to hear, your ex may have heard things which are not true, but will nonetheless use that aginst you. Unless your fiance has hurt your son, you should ultimately prevail. That should be your focus. Making sure your son and fiance have a good relationship is the best way to avoid problems. Also, the longer you and your fiance have been together, the better.

Read more
Answered on 11/19/02, 3:39 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Ohio