Visitation Rights Legal Dispute

Summary

The user is a mother in Ohio who is dealing with a legal dispute over visitation rights granted to her childrens aunt. She feels she was wrongfully represented in court and is struggling to find a new lawyer. She has concerns about the aunts influence on her children and is seeking advice on how to appeal the courts decision. She has also been threatened with contempt charges for not allowing the children to visit their aunt. The user is trying to gather evidence to support her claims and is considering filing a complaint against her previous lawyer.

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My kids bio dad killed himself and his sister took me to court for visitation rights
What is your location, Alisha? The laws regarding visitation rights vary by state.
Ohio
In Ohio, grandparents and other non-parents can file for visitation rights. However, they must prove it's in the child's best interest. Is there a lawyer involved in your case?
Yes i was wrongful represented..
What makes you feel that you were wrongfully represented?
The aunt lied on paper and said she was so involved with kids but the reason he killed himself is cause i kept my kids from him so if he had no time with where is her time they didnt make her prove it ..i was the last to find any thing out after we went to court i was supposed to have like 14 days to make a decision if i diagreed an i only got a day to make any decisions the last lawer said they were going to get phone records to show shes never contacted me to ask for kids and they never did that.
What evidence do you have to support your claim that the aunt was not involved with the kids?
Dont really have evidence except that bio dad didnt have them very much and that in the 5 years we were separated she never once ask me to see kids..and wen the kids went to his house they vaguely seen her
What steps have you taken since you felt you were wrongfully represented?

In Ohio, you can appeal a court's decision if you believe there was a legal error.
Iv tried to find other lawyers but they all basically tell me im screwed
Have you considered filing a complaint against your previous lawyer for ineffective assistance of counsel?
No..if never had to do anything like this and dont no anything i can do
What is the name of the court where your case was heard? This information will help us guide you on how to file a complaint against your previous lawyer.
Miami county
What is the current status of the visitation rights case?

For general information, in Ohio:

- Non-parents can file for visitation rights.
- They must prove it's in the child's best interest.
- You can appeal a court's decision if you believe there was a legal error.

Miami County Court: (*) *-*, * W Main St, Troy, OH *.
They gave her * weekend every month but i hvent let the kids go cause i was still trying to fight it an get different lawyers and im being told i cant do anything which is really heartbreaking that im bio mom and * percent custody and have no say of my kids..me and there bio dad was never married and we never been to court for him to have rights and he didn't pay chils support
What steps have you taken to appeal the court's decision?
The last lawyer was supposed to file an appel for the fact he never established rights but he signed paper in hospital and they try to say that he did but hospital said it doesn't established rights it just says he would take responsibility for kids and it says right on paper to the best of knowledge..so because of that paper they said they had to withdraw the appeal because it goes against it
What is the exact wording on the paper he signed at the hospital?
I dont no the exact wording its wat the hospital gives to sign when child is born..it said to the best of my knowledge the man on paper is the father..no dna was ever taken
What is the name of the hospital where the document was signed?
Wilson memorial health
What is the current status of your appeal process?

For general information, in Ohio:
- Non-parents can file for visitation rights.
- They must prove it's in the child's best interest.
- You can appeal a court's decision if you believe there was a legal error.

Wilson Memorial Hospital: (*) *-*, * W Michigan St, Sidney, OH *.
They withdrew it cause of that paper so the aunt filled contempt on me so if i dont let them go ill keep getting contempt
What is the exact nature of the contempt charges filed against you?
She filed contempt cause she was granted * weekend a month and i haven't allowed the kids to go
What are the potential consequences you've been informed of if found in contempt of court?
Pay fines her lawyer fees possible jail time
What is the name of the court where the contempt charges were filed?
Miami county juvenile court
What is the date of your next court hearing?

For general information, in Ohio:
- Contempt of court can result in fines, attorney fees, and possible jail time.
- Miami County Juvenile Court: (*) *-*, * W Water St #*, Troy, OH *.
Aug 14th
What was the outcome of your court hearing on August 14th?
I haven't been yet
What steps have you taken to prepare for your upcoming court hearing?
Trying to get new lawyer but cant get in nowhere till after court date
What is the reason given by the lawyers for not being able to represent you before the court date?
There booked up and earliest appointment is on such days
What steps have you taken to request a postponement of the court date until you can secure legal representation?
I filed a continuance it was granted i went to see a lawyer to come to find out he went to school and was friends with family of other party so obviously i didn't want to use him i schedule * more appointment with other lawyers and asked for another continuance for that reason but they denied it
What is the reason given by the court for denying your request for a second continuance?
There wasn't on
What is the name of the judge presiding over your case?
Scott altenburger
What is the nature of your relationship with Scott Altenburger?
Never been to court before dont no him
What is your plan for the upcoming court hearing since you don't have a lawyer yet?
I dont no i guess i have to go without one or i probably will go to jail if i miss court
What is the reason you haven't been able to secure a lawyer yet? In Ohio, you have the right to legal representation. If you can't afford one, the court may appoint a public defender for you.
I had one was wrongfully representative been trying to get one but everyone is supposedly book and i cant get appointment till after court day
Have you considered reaching out to a legal aid society or public defender's office in your area? They may be able to provide assistance or refer you to someone who can.
No like i said never been to court before never been threw any of this before so i dont no wat i can do wen i keep getting told by lawyers i cant do anything
Have you tried contacting the Ohio Legal Aid Society? They provide free legal services to low-income individuals and might be able to assist you.
No
No
Have you considered reaching out to the Ohio Legal Aid Society for assistance? They provide free legal services to those who qualify. Their contact number is (*) *-*.
No dont no wat that is
No dont no what that is
No dont no what that is
The Ohio Legal Aid Society provides free legal services to those who qualify. You can reach them at (*) *-* for assistance.
Ok
What is the current status of your case? Have you contacted the Ohio Legal Aid Society for assistance?
No i haven't and with the visitation i guess case is closes cause they granted her time but still have the contempt
What is the exact nature of the contempt charges filed against you?
For not letting the kids go
What are the potential consequences you've been informed of if found in contempt of court for not letting the kids go?
Fines possible jail time
What steps are you taking to avoid these potential consequences?
Trying to get lawyers
Have you considered reaching out to the Ohio State Bar Association for a referral to a lawyer who specializes in family law?
No
The Ohio State Bar Association can provide referrals to family law attorneys. You can reach them at (*) *-*.
Ok
What steps have you taken to gather evidence to support your claim that the aunt was not involved with the kids?
I really dont have evidence last lawyer was supposed to get phone records but never did and what my kids say if she was a big part of there lives they would ask to see her and they dont its all been a she said she said case and didnt make her prove anything
I really dont have evidence last lawyer was supposed to get phone records and never did and what my kids say if she was a big part of there lives they would ask for her but they dont its all been a she said she said case and didnt make her prove anything
Have you tried to obtain the phone records yourself or through a new attorney?
I haven't and when i can get a new lawyer i was planning on it
What steps have you taken to find a new lawyer?
Made appointments cant get in till after court date
Made appointments cant get in till after court dates
Have you tried requesting a court-appointed attorney due to your current situation?
No dont no how
To request a court-appointed attorney, you can file a request with the court explaining your financial situation. Would you like help with this process?
No
No
What is the reason for not wanting to request a court-appointed attorney?
I can call and ask
Who are you planning to call and ask about the court-appointed attorney?
The court
What is the name of the court you are planning to call?
Miami county
Miami county
Miami county
What is the current status of your request for a court-appointed attorney?
None
None
None
What steps have you taken to gather evidence to support your claim that the aunt was not involved with the kids?
It says in the kids best interests they can be granted visitation rights her filling the kids heads with negative stuff and talking bad about me and my husband who my kids look to as daddy is bad for emotional healthe my kids are young and gullible as is and dont need people to play mind games with them
What steps have you taken to document these negative interactions between the aunt and your children?
I haven't i dont have contact with aunt but when bio dad was alive him and aunt talked bad about us to the kids kids would come home and tell me and they would be scared they never been to her house without me or the bio dad
What steps have you taken to ensure your children's emotional well-being during this process?
Since bio dad died weve tired to live life as normal as possible i dont keep bringing his death up to my kids and if they have questions about him we talk about on there terms and there very happy children ..all the aunt wants to do is keep bringing it up and filling there heads
Have you considered seeking professional psychological support for your children to help them cope with their father's death and the ongoing legal issues?
No there doing fine with his death and my kids dont no nothing about the courts try to keep them out of it as much as possible
What steps have you taken to protect your children from the negative influence of their aunt?
I havent let them go to her house so far
What steps have you taken to document the aunt's negative influence on your children?
They haven't been to her house so i really dont have nothing to document..if she was a big part of there lives like she said my kids would ask to see her and they dont
What steps have you taken to communicate your concerns about the aunt's influence to the court?
Iv told the courts everything and they dont take me seriously its been one sided
What steps have you taken to appeal the court's decision granting the aunt visitation rights?
Ive tried it was thowin out do to the paper that was signed at hospital
What is the exact wording of the paper that was signed at the hospital?
Dont no exact wording it said to the best of my knowledge this man is the father
What steps have you taken to clarify the legal implications of the document signed at the hospital?
The court said it was him establishing rights hospital said it wasnt any mans name can be on a birth certificate
What steps have you taken to challenge the court's interpretation of the document signed at the hospital?
None
What steps have you taken to seek legal advice regarding the interpretation of the document signed at the hospital?
Tryin to get lawyer still and dont no wat i can do to do that
Have you tried reaching out to legal aid services or pro bono lawyers in your area? They often provide free or low-cost legal assistance to those who qualify.
No
What is the current status of your case with the aunt's visitation rights?
Colsed the granted her rights
What steps have you taken since the court granted her visitation rights?
I havent sent kids still trying to get lawyer to fight it keep getting told theres nothing i can do
Have you considered filing a complaint against your previous lawyer for ineffective assistance of counsel?
No
What is the reason you haven't filed a complaint against your previous lawyer for ineffective assistance of counsel?
Didnt no i can
You can file a complaint against your lawyer with the Ohio State Bar Association if you believe they didn't represent you properly. Would you like help with this process?
No i will look in to it
What is the name of your previous lawyer? It's important to have this information if you decide to file a complaint with the Ohio State Bar Association.
Tom keed
What specific actions or lack thereof led you to believe that Tom Keed did not represent you effectively?
Didn't get any info in timely manner and said they were going to get phone records and never did
What steps have you taken to obtain the phone records yourself or through a new attorney?
Still working on getting a lawyer
What is the name of the law firm Tom Keed is associated with?
Kroner and hale
What is the current status of your search for a new lawyer?
Got appointment still waiting
What is the date of your appointment with the new lawyer?
Aug 18th
What was the outcome of your appointment with the new lawyer on August 18th?
Havent been yet
Havent been yet
What is your plan for the meeting with the new lawyer on August 18th?
See if they can help
What specific issues or concerns do you want to discuss with the new lawyer during your meeting?
About the paper at hospital phone records and if we can put a stop to order
What is the nature of the order you are seeking to stop?
Visitation rights
What is the age of your children? In Ohio, the court may consider the child's wishes in custody and visitation matters, especially if the child is of a certain age and maturity level.
* and *
What are your children's feelings towards their aunt and the visitation rights granted to her?
I havent told them yet but being so young and geting to go somewhere different they would probably be excited at first
What steps have you taken to explain the situation to your children in a way they can understand?
I havent
What is your plan to explain the situation to your children?
Sit them down and tell when the time comes and make sure they no there other daddy wont be there
Sit down and them wen time come
Sit and tell them wen tome come
What is your plan if your children express discomfort or unwillingness to visit their aunt?
As a mom a dont have a chiice
As a mom i dont have a choice
As a mom i dont have choice
As a mom i dont have a choice
As a mom i dont have a choice
As a mom i dnt have a choice
As a mom i dnt have a choice
What steps have you taken to ensure your children's safety and well-being during the court-ordered visits with their aunt?
Make a list of dos and donts
What specific concerns do you have about your children's safety and well-being during the visits with their aunt?
Alot of concerns with well being..i would hope saftey isnt and issue but i would never thought bio dad would kill himself either and aunt blames me
What specific actions or behaviors from the aunt lead you to believe that your children's well-being might be at risk during the visits?
They way she talks about me and my husband to the kids is not good for emotional well-being
What steps have you taken to document or record these negative conversations the aunt has about you and your husband with the kids?
I haven't its a he said she said it wasnt threw a message so i cant prove it
What steps have you taken to discuss these concerns with the court or your lawyer?
They dont care
They dont care
They don't care
What steps have you taken to ensure your concerns are heard by the court?
At court i tld them how i felt and they dont care send the kids anyway and if she does it then she would be in trouble at that point its to late for my kids to unhear anything
What steps have you taken to document these potential negative impacts on your children's emotional well-being?
I haven't dont have proof
What steps have you taken to seek professional psychological support for your children to help them cope with their father's death and the ongoing legal issues?
None they dont need to be involved
What steps have you taken to ensure your children's emotional well-being during this process?
Make a list of dos and donts ..dont mean she will follow my rules at that point it to late
What specific rules or guidelines would you like the aunt to follow during her visits with the children?
Bedtime if they want to call home at any time they can dont keep talking about bio dads death its ok to talk about him but dont put my husband down in the process dnt tell my kids my husband is not there dad
What steps have you taken to communicate these rules or guidelines to the aunt and ensure she understands and agrees to them?
A letter text message face to face
What was the aunt's response to the rules and guidelines you communicated to her?
Didnt really have one
What steps have you taken to ensure these rules and guidelines are enforced during the aunt's visits with the children?
I cant ensure it just have to hope it
What steps have you taken to communicate these concerns to the court?
Told them how i felt
Told them how i felt
Told them how i felt
Told them how i felt
What was the court's response when you expressed your concerns about the aunt's influence on your children?
Obviously didn't care gave her rights anyway
Obviously didn't care gave her rights anyway
Obviously didn't care gave her rights anyway
What steps have you taken to appeal the court's decision granting the aunt visitation rights?
Trying to get lawer was told theres nothing i can do
What is the name of the lawyer who told you that there's nothing you can do?
There been a few dont rember
What are the names of the law firms these lawyers are associated with?
Dont no ive made many phone calls
Dont no ive made many phone calls since
Dint no ive made many phone callss since
Dont no made many call
Dont no made many calls
Dont no made many calls
Dont no made many calls
What is the current status of your search for a new lawyer?
Kinda like this they listen but never tell me wat i can do and keep repeating myself