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Topics - janM

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Dear Socrateaser / Need your interpretation please
« on: Jun 03, 2005, 06:38:35 AM »
I have a question about the HB130 (Ohio grandparents' law) that I mentioned in a previous post.

The first POA that we filed, both parents signed, as required:

Sec. 3109.56.  When a parent seeks to create a power of attorney pursuant to section 3109.52 of the Revised Code, all of the following apply:
(A) The power of attorney shall be executed by both parents if any of the following apply:
(1) The parents are married to each other and are living as husband and wife.
(2) The child is the subject of a shared parenting order issued pursuant to section 3109.04 of the Revised Code.
(3) The child is the subject of a custody order issued pursuant to section 3109.04 of the Revised Code unless one of the following is the case:
(a) The parent who is not the residential parent and legal custodian is prohibited from receiving a notice of relocation in accordance with section 3109.051 of the Revised Code.
(b) The parental rights of the parent who is not the residential parent and legal custodian have been terminated by order of a juvenile court pursuant to Chapter 2151. of the Revised Code.
(c) The parent who is not the residential parent and legal custodian cannot be located with reasonable efforts.

(B) In all other cases, the power of attorney may be executed only by one of the following persons:
(1) The parent who is the residential parent and legal custodian of the child, as determined by court order or as provided in section 3109.042 of the Revised Code;
(2) The parent with whom the child is residing the majority of the school year in cases in which no court has issued an order designating a parent as the residential parent and legal custodian of the child or section 3109.042 of the Revised Code is not applicable.

In A, number 3 applies, there is a custody case on file, so both signed.


Sec. 3109.76.  If a second or subsequent power of attorney is created under section 3109.52 of the Revised Code regarding a child who is the subject of a prior power of attorney or a second or subsequent caretaker authorization affidavit is executed under section 3109.67 of the Revised Code regarding a child who is the subject of a prior affidavit, the person who creates the power of attorney or executes the affidavit must file it with the juvenile court of the county in which the grandparent designated as attorney in fact or the grandparent who executed the affidavit resides or with any other court that has jurisdiction over the child under a previously filed motion or proceeding.

Sec.  3109.77. (A) On the filing of a power of attorney or caretaker authorization affidavit under section 3109.76 of the Revised Code, the court in which the power of attorney or caretaker authorization affidavit was filed shall schedule a hearing to determine whether the power of attorney or affidavit is in the child's best interest. The court shall provide notice of the date, time, and location of the hearing to the parties and to the parent who is not the residential parent and legal custodian unless one of the following circumstances applies:

(1) In accordance with section 3109.051 of the Revised Code, that parent is not to be given a notice of relocation.
(2) The parent's parental rights have been terminated by order of a juvenile court pursuant to Chapter 2151. of the Revised Code.
(3) The parent cannot be located with reasonable efforts.
(4) The power of attorney was created by both parents.

1. Do both parents have to sign the second POA?

I don't see anything specific unless it's implied that ANY POA must be signed by both. I am thinking, if the custodial parent signs it, the NCP will get a notice of hearing and they can object or not.

Here is the link if you need to see more:

Thanks for your time.

Dear Socrateaser / Grandparent POA
« on: May 12, 2005, 10:04:09 AM »
Soc, I wrote you a while back about having a POA vs filing for custody under the new Ohio law:

You advised me that if I were to file for custody of my grandson, I would have to nullify the POA because I would no longer be acting on the parents' behalf. Makes sense to me.

Under the rules of the law, after filing another POA (which I forsee doing this summer), which is good for a year only, court will schedule a hearing to determine if a second POA is in the best interest of the child.

1. I know you are probably not familiar with Ohio law, but do you know if it would be a conflict under the POA if I asked to be added as a party to the case (similar to Defacto custody in other states) with equal legal standing with the parents?

This new grandparent law seems to come up just a bit short in that it doesn't grant legal custody, only physical. It enables me to do everything a parent can do except give permission for him to marry, or be adopted. I guess what I'm looking for is joint legal custody with them.

Thanks in advance for your reply.

Dear Socrateaser / PAS by NCP?
« on: Apr 01, 2004, 01:23:09 PM »
My son's exgf gave him temporary custody 3 years ago, and permanent 2 years ago. She has exercised visitation sporadically since then.

Recently my son was hospitalised and asked bm to keep the boy for a short time. The next day she started making up lies about filing for emergency custody and not letting the grandparents take him back home where he and dad live with them.

Dad heard about her behavior and picked up the boy as soon as he was released, at her local police station, but not until she whispered to the boy that she was getting a lawyer.

She saw the boy the following weekend at her sister's, where he was visiting his cousins, and the sister heard bm tell them boy that she was going to have him taken away from Dad to live with her (and her husband).

1. Is there anything that can be done legally to make this behavior stop?
Request some kind of class or counselling?

2. Or do we just deal with the fallout by taking the boy to counselling to undo the damage?

Dear Socrateaser / CP & third party
« on: Mar 24, 2004, 05:25:25 AM »
Can a custodial parent file to ask the court to give custody to a third party? Or would the third party have to file against both parents?
We're in Ohio.

Dear Socrateaser / Who's in contempt?
« on: Dec 04, 2003, 04:34:14 PM »
My son's ex-girlfriend agreed to give my son custody of their son in 2002. To make this clearer, here is the bulk of the Findings of Magistrate:

1. ZZ, counsel for BM, failed to appear by 9:30 a.m. on February 15, 2002.
2. The parties agreed that Dad should be made residential parent of the the child, XX.
3. The parties agreed there should be no Support Order.
4. The parties agreed that Dad should install a fence to prevent unsupervised access to the swimming pool by XX.
5. The parties agreed that BM should have visitation with the child similar to Local Rule (x) of the xxxx Juvenile Court.
6. The parties will submit an agreed entry within 14 days to address all of the above matters.

Order of Magistrate
1. The agreed entry as submitted by the parties is to be made the order of the court.
The rest is not important. It is signed by the magistrate.

Son's lawyer never did write up an agreed order, so nothing was signed. My son has had physical custody ever since.

I mentioned all this because my son filed to receive CS in January. She has not paid nor contacted CSEA nor provided doctors' excuses. A contempt hearing was held today where she was assigned a public defender and signed a bond. There will be another hearing.

We are on good terms with her right now, and in the hall she said she had spoken to another PD or someone who told her that CSEA should have held a hearing with the parties present, because of the "no support" part of the decision, rather than just make it a court order. And that custody should be reviewed every 2 years (I think that is hooey), and that my son could be held in contempt for not constructing the fence around the aboveground pool.
(I should mention that he and the boy have lived with us since he got custody, it is mine and his father's house...mag. asked me in court if I agreed that one should be built. I said yes, because I wanted the boy with my son. My husband should have been the one to agree because he would have had to build it or have it built.)

My questions are:
1. Could the fence issue be included in the support hearing? Because it was part of the original order (same case number)? Or would she have to file separately for that? She has not been worried about it for nearly 3 years. It is actually CSEA that is charging her with contempt.

2. If she did file contempt for the fence thing, would the fact that there was never an agreed order signed, make that aspect null and void? And would my son be in contempt for not erecting a fence on someone else's property? Would I actually be in contempt for agreeing to it, and not doing it? I don't feel that she'll make an issue of it unless her PD does...or unless she gets PO'd at my son...

Thanks in advance.

ps...if you want a chuckle..
The summons had listed BM as the plaintiff because she filed the original motion to change custody to my son. The magistrate could not have read the papers very well because he started to ask my son if he had consulted an attorney on the matter. My son didn't even have to be there. Lawyer for CSEA piped up and said, "Your Honor, BM is being held in contempt.."
The dad must be the deadbeat, right? LOL!

Second Families / Tribute to Stepmoms?
« on: Aug 23, 2006, 09:19:45 AM »
My son has custody of his 7 year old son, and he is engaged to a terrific young lady (she just turned 22) who has assumed the stepmom role for about the past year that they have been living together.

I would like to find a verse or poem praising stepmoms, to either read at the wedding, or frame with a photo (or both). I have one called "The Other Mother" but I was wondering if there are other nice ones out there.

Thanks in advance.

Visitation Issues / CPS testimony inadmissible?
« on: Feb 28, 2008, 05:04:52 PM »
We're in Ohio.

My son was recently successful in court in getting supervised visits for his son's mother (ncp). There was a brief review today, and the matter will be reviewed again in April.

After the incident that brought this about, my son called CPS to talk to his son and document what happened and the boy's reaction to it.

I asked about this on another legal board and was told by an attorney from Ohio that if we subpeonaed the case worker, she can't testify as to what the boy said, it would be hearsay. She said there are sometimes exceptions to the hearsay rule but a cps worker is not one of them. She hasn't replied yet as to what those might be.

Anyone know if the same would apply to her records? Or if a counsellor would be one exception to this?

Visitation Issues / Article in paper about lunch visits
« on: Nov 24, 2007, 07:06:12 AM »
Green Local Schools Parent lobbies school board for right to have lunch with his children
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Comments November 23, 2007

Staff Writer

GREEN DISTRICT -- The board will consider whether parents should be allowed to eat lunch with their students in the school cafeteria.

Christopher Green, who has two middle school children, asked the board to reconsider its parent visitation policy.

He tries to have lunch with his children while they are at school, as a way of being involved and getting to know classmates, he said. But when he contacted middle school staff in September, he was told the only way he could have lunch with his children was to meet in the guidance office.

Such a location would seem to be a punishment to the student, Green said. He doesn't have a problem with sitting at a separate table from other students but he wants to be able to be in the cafeteria and to eat cafeteria lunch with his children.

School administrators told him he presents a security and safety risk, Green said. They also said it was against school policy.

Based on the reaction of school administrators, Green called around to other districts, all of which said they would "welcome" visiting parents, he said.

Green brought three requests to Tuesday's board meeting. First, he asked to be allowed to eat in the same room as other students, even if a separate table is set up. He acknowledged custody disputes can be a concern in some cases, but said in most cases it's not a problem.

Second, he asked for school communication issues to be addressed. Administrators told him they would discuss the issue with staff but the issue was never brought up, Green told the board.

Third, he asked the school handbook be updated and brought in line with policy. The handbook does not address lunchroom policies, so the policies should either be put in the handbook or thrown out, Green said.

He also asked that meeting times for the Parent-Teacher Organization be consistent and match the handbook to allow for greater parent attendance.

"I care about our kids and I want to be part of their lives," Green said.

Board member Julie Finney said the requests were reasonable.

"I think parents should be welcome and we need to find a way to make that happen," Finney said.

Parental involvement in students' lives is very important and should be encouraged, she said.

Superintendent Larry Brown agreed some changes need to be made, specifically in regard to communication. He hopes the district can turn this into a "positive thing" and can look at the bigger picture.

President Kevin Trent said the board will look into the issue and "certainly there's a compromise that can be reached."

Reporter Rachel Jackson can be reached at (330) 287-1632 or rjackson@the-daily-record.com.

Custody Issues / Where is Lawmoe???....nm
« on: Aug 06, 2006, 09:25:20 AM »

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