How long does a child have to be without their parent for it to be considered abandonment in ohio?
Hi Abby! In Ohio, a parent may be considered to have abandoned a child if they have failed to communicate with or support the child for at least 90 days. However, specifics can vary depending on the situation. Are you dealing with a custody or guardianship issue?
So, I left a toxic relationship of 8 years and we had * kids. I moved in with my sister and left the kids in mine and my partner's former apartment with their dad. His family filed for emergency custody after I gave them permission to look after the kids until I got my own place for the kids to come home to. I believe the case was filed under abandonment but I don't know for sure. The court didn't see fit to notify me of the first hearing but was willing to send me notification of pre-trial. Please help
Hi Abby, that sounds like a complicated and stressful situation. Here are some key points to consider:
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Abandonment in Ohio: A parent may be considered to have abandoned a child if there is no communication or support for 90 days.
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Emergency Custody: Courts grant emergency custody if they believe the child is in immediate danger or has been abandoned.
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Notification: Courts are usually required to notify both parents of hearings unless there’s a significant reason not to.
Questions:
- Have you had any communication or support provided to your kids during this period?
- Do you have any documentation or evidence of your agreement with your partner’s family regarding temporary care?
This information can help you prepare for the pre-trial and possibly regain custody.
I haven't been able to call as his family is preventing me from speaking to the kids. It had only been * weeks from the time I moved out to the time the first hearing was held. Is this still legally considered abandonment or can I counter sue?
Hey Abby! Based on Ohio law, abandonment generally requires no communication or support for at least 90 days, so two weeks wouldn't typically meet this threshold. You may have grounds to contest the emergency custody or argue that you haven't abandoned your kids.
Considerations:
- Communication Attempts: Document any attempts you've made to contact your kids.
- Legal Representation: Consider consulting with a family law attorney for personalized advice.
Do you have any documentation showing your attempts to communicate with your kids or any proof of being prevented from doing so?
yes I have text messages between me and the people who currently have emergency custody.
Hi Abby! That's great you have text messages as evidence. This can be useful in showing your attempts to communicate with your children and the obstacles you faced. Here are some steps you could consider:
- Document Everything: Keep all text messages and any other communications.
- File a Motion: You might want to file a motion to contest the emergency custody order.
- Consult an Attorney: A family law attorney can give you personalized advice and help you navigate the legal process.
Would you like information on how to file a motion, or are you looking for an attorney's contact details?
what can I do in this situation?
Hey Abby! Here's what you can do:
- Document Everything: Keep all text messages showing your attempts to contact your kids and any proof of being prevented from doing so.
- File a Motion: You might want to file a motion to contest the emergency custody.
- Consult an Attorney: Given the complexity, consider consulting a family law attorney for guidance.
Have you spoken to an attorney yet about this situation?
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