Asked in Child Custody for Ohio

Q: How long does a parent have to prove they are fit to raise their child before they can gain custody of said child?

I live in Ohio. My child's mother and I were never married so she automatically had custody of our child who is 1. She is incarcerated for the next few months. Her mother was granted emergency custody of our child, after I was denied, probably because she was able to prove that I relapsed a few months ago. Although it's true, I've since turned my life around. I have been sober for three months, now have a good paying job, have been supporting my wife/stepchildren, and have started paying my child support. Since I'm now financially stable, paying my child support and have been staying clean I'd like to try to get custody of my child from his grandmother. I have court coming up from when I was denied emergency custody (they granted me a custody hearing) and am already under the the assumption that they probably won't give me custody right off rip, since they granted her emergency custody and not me. I'm hoping for at least overnight or weekend visitations because I live 2.5 hours away. I

Related Topics:
1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Divorce Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: There is no specific time limit. Every case is different. It is up to the court to determine all the facts of the situation and decide what is in the best interest of the child for custody, and whether a parent has demonstrated enough stable behavior and ability to care for the child.

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.