Im so confused please Help me

[tifflilcolt45]

Okay I need some guidince please? I have had custody of my Son Colten for the last four years, his dad took custody of him from me behind my back because I had a drug problem. Thats all it took for me to relize what ment most to me in life. I am now in a recovery program and have three months clean but, now I have no Idea where to go from here. I have never been in jail never been in trouble and know forced me to come here! I know what I needed to do till now and now I have no clue where to begin trying to get either my custody back or any rights at all to him? The only thing is I dont want to live in Ohio I want to bring him out here because I dont think im strong enuff to live up there yet. I know I will have to go up there and Fight for my son but, to move back I dont think I can. My sons dad David had gotten his second DUI now and doesnt have no license and getting ready to spend a month in jail so, his girlfriend who doesnt like my son at all went and got power of atterney and they said there is nothing I can do about it! Im scared, Im lost, and I please need someones help That little boy is my little piece of heaven I have taken granteed for the last four years and all I want to do is put him in my arms and hold him for the first time sober and tell him mommy is here it will be okay! He is not sleeping, crying all the time and acting out. There getting ready to him in couseling, all he wants to do is talk to me and they have blocked him from my life! What do I do please im begging someone help me??? Thank you?

 

[Proserpina]

How was custody changed from you to Dad? Was it done through the courts?

Do you KNOW that Dad is going to be in jail?

Were you given a reunification plan or any other type of plan to follow before you could go back to court for custody?

How long as Kiddo been with Dad?

Where do you wish to relocate?

 

[tifflilcolt45]

He has been with dad since January, yes it is his second DUI and he isnt goint to tell me when he has to go but his girlfriend just did her time so his is coming up.

My address was still at his dads and when he went to take custody from me he told them i was no where to be found even tho Colten was with me till Jan 28 two days before his fourth birthday. He took custody cause i was going after him for child support. he did it all a week after I told him I was taking him for child support.

yes, he had paper work on the thirtyth when me and a shieriff went to his house to get colten and there was nothing I could do about it. I dont know how they did that I haven't even been in the court room to sign papers or defend myself there was never a court date and if there was I never got the papers!

 

[Proserpina]

If your legal address was still at his Dads...it's likely that he "served" you there.

Still, it sounds a little fishy. If I were you I'd be high-tailing it to an attorney - if you cannot afford one, try legal aid or your State Bar Association.

Please answer the question about where you wish to relocate

 

[tifflilcolt45]

back here to Arizona sorry there is more stuff out here I can do to keep my mind off things and its just a better atmosphere all around here for me and Colten both. I tried legal aid in Ohio but they dont have the funds right now to help anyone with custody cases. where would I go to find the state bar association??

 

[Proserpina]

You're going to absolutely need an attorney for this.

Dad has had custody of Colten since January, and though he'll be incarcerated for a month this does not mean that you will get custody even if you file an ex parte motion.

If you DO get custody, you'll then have to either get Dad's permission to relocate with Colten, or go to court.

If you have to go to court you'll need to prove that the move is in Colten's best interest - and prove that what Colten gains is worth more than taking him away from his father.

Are you willing to provide ALL transportation costs to and from Ohio when Dad gets out?

Can you offer a VERY generous parenting plan?


this can help you find an attorney

 

[tifflilcolt45]

well even if it dont happen by the time his dad goes it was just something i was bringing up I dont know how power of atterney works or what but I didnt know if she could keep him or if I have any say were he goes! How would I find out whats going on call the court house in Ohio?