Reynoldsburg, OH asked in Child Custody, Domestic Violence and Family Law for Ohio

Q: My nephew was arrested for domestic violence and child endangering. Can someone defend him and get his kids back ?

The kids Mother's has abandoned them several times. She has other children she lost custody of very unstable. Children services has returned them to her currently,

1 Lawyer Answer
Roger  Bouchard
Roger Bouchard
  • Domestic Violence Lawyer
  • Licensed in Ohio

A: If your nephew isn't married to the mother, he must have signed the birth certificate or had an DNA test to establish paternity in order to have standing for a custody issue. Children Services is already involved, and has returned the children to mom. As mother, she is the rightful custodian unless she is found unfit. In this instance, CPS has not come to that conclusion, although he could file a motion for custody and address concerns he has before a magistrate. I assume they were living together if she is accusing him of DV. The relevant questions are whether he is the father, where do the kids stay, what are his responsibilities towards the children, and what actions or inactions occurred that he endangered the children. For instance, if he was driving drunk with the children in the car, that is a slam dunk child endangering. Therefore more alleged facts have to be known regarding this charge.

The kids are not his to "get back" as mother is the legal custodian if they aren't married. Did CPS interview him?

In order to address the DV and child endangering a thorough review of the complaint, potential witnesses, police officer interaction, medical documentation if she is alleging injuries etc... must be addressed and investigated. If mothers history is as you wrote, her credibility is of issue. With charges as serious as these, her credibility may be challenged during cross-examination in trial. That would include CPS's investigations.

I would need to see the complaint and discuss it with your nephew at length in order to assess his situation.

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