where to start

[williaer]

All parties in Ohio.

Mom and Dad have shared physical and legal custody of 11 year od child. Mom has on-going relationship issues, has child staying in bedroom with 7 year old brother.

Mother formerly married to man who physically and emotionally abused child. Mom divorced this man. Has 2 other children with him, one lives with her (7 year old boy) and one lives with dad, however mom retains legal custody of him.

Mom meets new boyfriend. New boyfriened doesn't want/like kids, but mom has him move in with her. Mom ends up pregnant with by new boyfriend. Now mom has herself, dad#3, 12 year old, 7 year old and infant in her 2 bedroom apartment.

Child goes back and forth between mom and dad weekly. Dad and step-mom initiate testing through the school (child is struggling). Dad and Mom attend meeting and child is given an IEP (individualized educational plan for students with disabilities). Mom disagrees, but is not residential parent, so doesn't matter.

After the meeting, school counselor approaches dad and compels him to file for sole custody, based on childs performance issues when she is with mother.

School has documented all issues during "mom's" weeks and tells dad that it is imperitive that she not stay with mom during the week, because she doesn't turn in homework or come at all prepared.

I am willing to file for full custody, however, would it be best to file in an emergent way, or just file for a modification of curent custody order? All custody has been done pro-se by both sides and will continue to be until one or the other hire an attorney (duh).

If I file emergently- are school performance issues a good enough reason- or should all of the abuse (documented by counselor) and space issues important to include?

[socrateaser]

>I am willing to file for full custody, however, would it be
>best to file in an emergent way, or just file for a
>modification of curent custody order? All custody has been
>done pro-se by both sides and will continue to be until one or
>the other hire an attorney (duh).
>
>If I file emergently- are school performance issues a good
>enough reason- or should all of the abuse (documented by
>counselor) and space issues important to include?

Everything. But, you'll lose an emergency motion unless that counselor is prepared to sign a sworn affidavit and/or testify to the claims against the other parent.

And, if the counselor is unwilling to testify at a regular hearing, you'll probably lose that too. The best you will get with the documentation you have is to have a Guardian Ad Litem appointed to investigate and report to the court, and an order for a neutral therapist/counselor to evaluate the child.

[williaer]

I believe a GAL would be the absolute BEST thing that could happen.

Do we file for a change of custody and appointment of a GAL at the same time?

[socrateaser]

>I believe a GAL would be the absolute BEST thing that could
>happen.
>
>Do we file for a change of custody and appointment of a GAL at
>the same time?

Yes, you can ask for this as part of your motion.

[williaer]

So something like this:

Motion for Reallocation of Parental Rights and Responsibilities and Appointment of Guardian Ad Litem

[socrateaser]

>So something like this:
>
>Motion for Reallocation of Parental Rights and
>Responsibilities and Appointment of Guardian Ad Litem

You're gonna confuse the judge.

"Motion for Modification of Custody and Parenting"

Then, in your pleading, you just request appointment of a GAL to aid in resolving the issues in dispute.

[williaer]

Plaintiff respectfully moves the Court to Modify the current custody order, dated May 25th, 2006. Memorandum in support of Motion, Proposed Parenting Time Plan attached. In additon, Plaintiff requests appointment of a Guardian Ad Litem, to represent Child's interests in the proceedings.

Make any sense?

[socrateaser]

>Plaintiff respectfully moves the Court to Modify the current
>custody order, dated May 25th, 2006. Memorandum in support of
>Motion, Proposed Parenting Time Plan attached. In additon,
>Plaintiff requests appointment of a Guardian Ad Litem, to
>represent Child's interests in the proceedings.
>
>Make any sense?

Are you the plaintiff/defendant or the petitioner/respondent?

What sort of custody do you want the court to award?

Plaintiff/Petioner, YOURNAME, pro se, hereby appears and moves that the court modify the current orders to award primary/sole custody of the parties' minor child(ren) to Plaintiff, to modify parenting in accordance with the attached and proposed parenting plan, and to modify child support consistent with any modified custody or parenting orders, on grounds that ______ (a plain and short statement of why your motion should be granted).

Plaintiff/Petitioner further requests that the court appoint a Guardian Ad Litem to represent the minor child(ren)'s best interests, pending the court's final decision in this matter.

[williaer]

Just an update- upon further review of the court order- it is apparent that we have to make some sort of good faith effort to mediate this- since "further litigation"- is only to be used as a last resort. Off to the mediator we go.

So mediator question:

1. Do you take in a list of concerns and proposed solutions, or do you just bring in concerns and try to hash out the rest when you get there?

[socrateaser]

>So mediator question:
>
>1. Do you take in a list of concerns and proposed solutions,
>or do you just bring in concerns and try to hash out the rest
>when you get there?

Solutions are good -- especially if they are "reasonable" solutions. Because if you put something reasonable on the table, and the other party sez F-off, then that gives you a psychological advantage with the mediator.