My question involves a child custody case from the State of: Ohio
April 7th 2016, father applied and was granted emergency custody of 15 month old son. Mom got arrested same day. She got out of jail 10 days later and was granted temporary visitation. June 2016, she was arrested again on drug charges and probation violation. She went to jail and rehab. July 2016, father was awarded residential custody of child and visitation was taken away from the mother. January 2017, mother filed for parenting time. May 2017 parenting time was awarded. September she filed for emergency custody (not granted) and then for a change of custody.
Background information:
Father has a good job with insurance. Long time girlfriend, very steady career and even better insurance. They have 2 houses (that they own) multiple cars, have son enrolled in reliable and reputable private preschool where he has thrived. Has an alternate baby sitter in case of emergency's. Dads girlfriend can take off work if child is sick because they live in the same household and has 45 sick days accumulated and is off every day by 3 every weekend and all summer long. They have a combined income of $125,000 and can care for child and provide his every need. Neither have a record. Father has a 16 year old child living at home, but other than that there is not other children. Father has had full custody of all his sons (3) 2 of which are grown. Both homes have enough bedrooms for each member of the household. He has a bedroom with bed, toys, and ample (more than enough) clothes. The child has a very stable environment with the father. There has been NO change of circumstances.
Mother has had 3 criminal cases against her. The latest being in 2011 where she was placed on probation in 2012. During her time on probation she was arrested 4 different times. The last resulting in incarceration and rehab from June 2016-January 2017. This was a result of probation violation and testing positive for crack cocaine. During this time there is 100% proof that she left the child home by himself at 14 months old. She does not have a steady job if she even has a job at this time. Her mother is also on disability. She receives a disability check for being mentally disabled. She is bipolar. She has two other children that she does not have custody of. She lives in a one bedroom trailer, although she did make the one bedroom a place for the child. She does not have a reliable car as she is always telling the father that he needs to provide transportation for visitation. One 3 occasions she has kept the clothes that the father sent during an overnight visitation. She has had multiple men in and out of her life since the father and mother split. She was not able to pay for the motion to get emergency custody and for the change of custody. She still owes several thousand dollars on court cost from the custody trial originally. She also filed for child support that very day!
My question is: Do you think the mother would be able to gain full custody back since there has been no change in circumstance? The son has been in his fathers care for the last 18 months. This little boy has two homes with stability. There is no danger to him, there is no issue of him being neglected or abused. Why si it in his best interest to be ripped away from his home? All because his mother decided she wants to be a "mom"?
April 7th 2016, father applied and was granted emergency custody of 15 month old son. Mom got arrested same day. She got out of jail 10 days later and was granted temporary visitation. June 2016, she was arrested again on drug charges and probation violation. She went to jail and rehab. July 2016, father was awarded residential custody of child and visitation was taken away from the mother. January 2017, mother filed for parenting time. May 2017 parenting time was awarded. September she filed for emergency custody (not granted) and then for a change of custody.
Background information:
Father has a good job with insurance. Long time girlfriend, very steady career and even better insurance. They have 2 houses (that they own) multiple cars, have son enrolled in reliable and reputable private preschool where he has thrived. Has an alternate baby sitter in case of emergency's. Dads girlfriend can take off work if child is sick because they live in the same household and has 45 sick days accumulated and is off every day by 3 every weekend and all summer long. They have a combined income of $125,000 and can care for child and provide his every need. Neither have a record. Father has a 16 year old child living at home, but other than that there is not other children. Father has had full custody of all his sons (3) 2 of which are grown. Both homes have enough bedrooms for each member of the household. He has a bedroom with bed, toys, and ample (more than enough) clothes. The child has a very stable environment with the father. There has been NO change of circumstances.
Mother has had 3 criminal cases against her. The latest being in 2011 where she was placed on probation in 2012. During her time on probation she was arrested 4 different times. The last resulting in incarceration and rehab from June 2016-January 2017. This was a result of probation violation and testing positive for crack cocaine. During this time there is 100% proof that she left the child home by himself at 14 months old. She does not have a steady job if she even has a job at this time. Her mother is also on disability. She receives a disability check for being mentally disabled. She is bipolar. She has two other children that she does not have custody of. She lives in a one bedroom trailer, although she did make the one bedroom a place for the child. She does not have a reliable car as she is always telling the father that he needs to provide transportation for visitation. One 3 occasions she has kept the clothes that the father sent during an overnight visitation. She has had multiple men in and out of her life since the father and mother split. She was not able to pay for the motion to get emergency custody and for the change of custody. She still owes several thousand dollars on court cost from the custody trial originally. She also filed for child support that very day!
My question is: Do you think the mother would be able to gain full custody back since there has been no change in circumstance? The son has been in his fathers care for the last 18 months. This little boy has two homes with stability. There is no danger to him, there is no issue of him being neglected or abused. Why si it in his best interest to be ripped away from his home? All because his mother decided she wants to be a "mom"?
Modification of Custody: Father Has Full Custody Mother Filed a Motion to Get Full Custody
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