Columbus, OH asked in Family Law for Ohio

Q: I was in a relationship that involved domestic abuse.His father (not the abuser) is filing 4 sole custody will he win?

I had a child by the abuser but he is no longer abusive and it wasnt extreme it happened almost over 3 years ago. The child is percectly healthy was never abused, and is exceling academically. His behavior is like any other 7 year. He talks a lot in school and doesn't listen the first time when told to behave, but nothing out of the ordinary. His father explained he is going to use everything against me, including the incident of DV to receive sole custody of our son. I am a hard working single mother. I do live with my best friend who is married to the guy that I was in a relationship (the person being accused of DV) but I have a child with him nothing more, and it is a very stable envirnoment. My sons father (the one taking me to court) is concerned that I dont discipline him strong enough. I dont like to put my hands on my son, but his father does. Do I have a good chance of keeping our joint custody in place. Or will he win sole custody?

Related Topics:
1 Lawyer Answer
Matthew Williams
Matthew Williams
Answered
  • Cleveland, OH
  • Licensed in Ohio

A: It is impossible to predict the outcome. If the father is able to provide a stable home environment away from a potentially abusive parent, he will certainly have some leverage. If the child has had discipline problems, that too will work in his favor. However, nothing you describe suggests to me he will be able to keep you from having joint custody, and/or visitation. Courts are extremely hesitant to terminate a parent's right to see her child. You should work with a lawyer to prepare and present your case for keeping custody.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.