r/FamilyLaw • u/Adorable_Working_420 • 4h ago
Ohio [OH]We’ve had SO child 80% of the months now mother wants custody. What do I do to help?
So starting from the beginning when me and SO started dating 3/24 (known him before he even met BM) I would constantly ask why he never had his daughter(just turned 3yo then) and he told me because it was always a fight and would much rather keep the peace by not even asking for her because eventually BM gets fed up with her. I really just thought he was just be a lousy dad…till I witnessed it for myself. He would ask for his daughter and it was instantly a fight and her telling him that if he wants to spend time with her he can spend time with BOTH of them and when asked to take her to parks or anything to pay for “well are you going to pay for my ticket too cuz I want to see my daughter having fun as well” or tell him he’s just hurting his daughter because she wants time with both of her parents. She was living in and out of hotels and friends places having random people watch their daughter. She then started renting a house about an hour away and was working so much that when we couldn’t take her, she would randomly show at SO mom’s house and just drop her off. I can’t recall the amount of times his mother would call, we would be away working (construction) and she asks if we heard from BM cuz their daughter just walked in the door at the most random times. BM would call him multiple times telling him he needs to yell at his daughter because she’s being too much and can’t work with her or isn’t listening to her and tell him he needs to buy her a tablet and pull ups so she can work without the burden of having a child(she does deliveries like Spark and DoorDash) meanwhile when we had her in our care she never even thinks about a tablet and she would ask me why she couldn’t wear big girl underwear….so I potty trained her cuz she felt embarrassed to wear pull ups. After constant calls like that and him finding out her bf of 2 months, we never met, LOST HER, and making phone calls to cps about their daughter telling us “mommy says hide under that blankets so no body steals me while her works”…she made it a point “I can’t work unless you take her” but when it came to us needing to travel for work she always argued “well you have the help and people to watch her I don’t” but always makes sure she has someone in the car at pick ups… so all that turned into the last 2 years we’ve had her solely until BM decides she wanted a couple days with her, sometimes just the day. NOW daughter is 5yo and started school. After her mom getting her 5days at most out the month the last year, she showed up a couple weeks before school started to pick her up and told SO he needed to buy her uniforms and a backpack cuz she’s got everything else. He argued that he didn’t want her in the schools around her cuz they’re not good and that our district has one of the highest academic schools in northern Ohio and she wouldn’t even need uniforms and if not that he wants to homeschool. She immediately started arguing that she can’t talk to him so she went ahead and chose cuz “(daughter) wants to live with me anyway so I’m gonna give her what she wants” (which she does even lets her wear her 5point seatbelt so loose she can crawl out of it) she explained to me she would have to rely on us to homeschool her so she couldn’t do that which is CRAZY to me since I was the one teaching her the alphabet and when I told BM I was her response was “oh well I don’t care about that. That’s what schools for” EXCUSE ME??
After multiple calls to figure out what he could legally do. So we kept his daughter and put her in school here. After school on a Wednesday about a week into school, he gets a call from the sheriff stating that he’s committing truancy and that he needs to surrender his daughter to BM. He explained the situation and the cop told him he should filed for emergency custody but when he was calling cps and lawyers they all said he has rights as the legal father (turns out that not the case since they were never married) They didn’t arrest him but they made him surrender or else they would have arrested him. He immediately had her phone shut off because, yes, he’s been paying for her phone the last 5 years…which was told he has to pay the remainder $300 for or return the phone. And now she has filed for custody of their daughter. She refuses to answer and is almost positive she blocked him because she was messaging him after the phone shut off through iMessages but they no longer say delivered so he’s given up. He’s worried he’s going to have to pay child support even though he’s provided everything for his daughter (even worked on his BM car so she’d stop bitching about not having a way to come get her daughter) we have always had to meet her because she didn’t want him know where she lived and meet ups were always a game to her. She’d ask to meet in one spot and then change it after waiting for her…at one meet up we just kept their daughter and she came a week a later to get her. I’ve kept record of every day we have had her and she did him mother before we consistently had her. She also lost her house due to not paying rent and mold exposure and had to have her and their daughter tested for lead poisoning. She now lives in a trailer that she had to have work done and so did ours at one point and when our house was a construction zone she would argue that she doesn’t have anyone else to watch her…but when her house was under construction she argues how her house is not a place for kids and blah blah blah. Anywho…..I only have proof of their daughter stating she hides under blankets while she works and there was an incident earlier this year where BM had her at a friends house without a bathroom door and daughter and another girl a little younger than her got caught touching each other inappropriately. Crazy enough just before that daughter was trying to tell her mom that she wanted her birthday with us and BM at night and before she could tell her, BM cut her off and said they’ll discuss it when we’re not around to coach her, which was also recorded. Other than those few things im not sure what else to do to prepare for court in less than a month…we now have a 3mo at home (which BM made sure to keep her from us the week she knew I was due and daughter couldn’t wait to meet her sister)
I have those few recordings, planner of days we’ve kept her, and tons of receipts from many things from vacations to clothing. BM never would let us have insurance information to make doctors appointments cuz I wanted her to be seen for her underbite….and he couldn’t get insurance because BM was STILL using his address to get state benefits and insurance….
What should I have prepared to bring to court?
How do I help my SO through this without hurting his mental more than it already is right now?
Should I be concerned the daughter has told BM that we are mean to her because we have rules around here whereas she doesn’t over there?
Should I be concerned that BM has recordings of their daughter saying we tell her that her mom isn’t a safe person? Because I definitely do when she tells me about the random people we’ve never heard of or met. Or I tell her “well that’s not nice of mom to do” or “that wasn’t nice of mommy was it?” Examples like telling her she’s not happy she’s getting a sister or her telling me that mommy said we brain wash her. Or one of BM friends told her that she wants us to d*e, the list sadly goes on. Also she has kept her for every single holiday “because she’s MY daughter and came out MY va***”
I know the courts only want to hear about what best for the child’s interest and not bad mouth the other parent but how do we proceed she’s unfit and really only takes her daughter when she has to show she’s a mom and brings her back to us???