Q: My ex husband and I have shared custody of our 3 yr old, he takes him from me all the time how do I stop him
My ex has me followed by private companies and has for over 2 yrs how can I stop him? At this point I am just tired of living like this, he is very controlling and if he doesn't get what he wants he won't stop until he does! He rips my son from my life over and over again with crazy allegations I always end up getting him back but sometimes I wait months for a court date to do so! Please help advise me how to stop this
A:
One option you have is to petition the court to terminate the shared parenting. Under Ohio law, there are some baseline factors courts need to evaluate to to determine if shared parenting is proper. Those factors include many things such as ability to cooperate for the child's best interest, etc. If the court were to agree that shared parenting is no longer proper, and grant you custody and your ex visitation, then that would give you the power to have law enforcement get your child back if he takes the child outside of his designated time. It would also give you significantly more options in court (i.e. contempt) if he does continue to cause issues.
While you have shared parenting (i.e. you both have custody), it is very difficult to stop your ex from taking possession of your son without court intervention because most law enforcement officers will not act as they will consider it a civil matter while you both have legal custody. Even if it interferes with your set time with the child.
In terms of the stalking behavior, you may have options in terms of a CPO. I would suggest consulting with an attorney regarding all of the above.
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