Is it worth fighting for?

[poohbear]

I am writing for myself, but must include information on my husband to do so.

A bit of background. We are in Ohio. My husband just won 50/50 of his son in July based on the mother's home being detrimental to the child, but the child's strong bond and wish to stay with the mother.

We were planning to go back to court for sole custody in May/June, but we recently found out that my husband is going to Iraq.

I understand that Ohio allows for 3rd parties to get visitation of a child if it is in the child's best interest. I have been with my husband since before the child was born, and he is very attached to me as a parent. He has called me mommy from day 1...his choice, and his mother approves. I do homework with him on a regular basis, and attend parent teacher conferences. The child gets A's on our weeks...D's and F's on mom's weeks. I have a history of good communication with his mother. The child has friends in our neighborhood, and is involved in extra-curricular activities here.

1) If his mother opposes...is it worth fighting in court to keep the schedule the same while my husband is gone? I very much want to keep my stepson on the same schedule he is currently enjoying and thriving in...but I don't want to waste the money if it's been tried and failed by others. (I can't find caselaw, or any step-parents who have done this)

2) In order to do so, do I have to petition the court to be added as a party to the case, or can my husband petition the court asking that I take over his parenting time?



Thank you, Soc!

[socrateaser]

>1) If his mother opposes...is it worth fighting in court to
>keep the schedule the same while my husband is gone? I very
>much want to keep my stepson on the same schedule he is
>currently enjoying and thriving in...but I don't want to waste
>the money if it's been tried and failed by others. (I can't
>find caselaw, or any step-parents who have done this)

If the father has joint custody, then he can appoint you to care for the child in his absence. You don't need separate authority. If there are compelling reasons in the child's best interets why the child should continue in the father's care, such as because you are part of the child's life, that is just more weight on the father's side of the scale.

I wouldn't try to intervene separately. It will appear to the judge to be an act intended to vex and annoy the other parent, and you will probably lose the motion to intervene.

>2) In order to do so, do I have to petition the court to be
>added as a party to the case, or can my husband petition the
>court asking that I take over his parenting time?

Motion to intervene. But, I wouldn't do it.

[poohbear]

I am writing for myself, but must include information on my husband to do so.

A bit of background. We are in Ohio. My husband just won 50/50 of his son in July based on the mother's home being detrimental to the child, but the child's strong bond and wish to stay with the mother.

We were planning to go back to court for sole custody in May/June, but we recently found out that my husband is going to Iraq.

I understand that Ohio allows for 3rd parties to get visitation of a child if it is in the child's best interest. I have been with my husband since before the child was born, and he is very attached to me as a parent. He has called me mommy from day 1...his choice, and his mother approves. I do homework with him on a regular basis, and attend parent teacher conferences. The child gets A's on our weeks...D's and F's on mom's weeks. I have a history of good communication with his mother. The child has friends in our neighborhood, and is involved in extra-curricular activities here.

1) If his mother opposes...is it worth fighting in court to keep the schedule the same while my husband is gone? I very much want to keep my stepson on the same schedule he is currently enjoying and thriving in...but I don't want to waste the money if it's been tried and failed by others. (I can't find caselaw, or any step-parents who have done this)

2) In order to do so, do I have to petition the court to be added as a party to the case, or can my husband petition the court asking that I take over his parenting time?



Thank you, Soc!

[socrateaser]

>1) If his mother opposes...is it worth fighting in court to
>keep the schedule the same while my husband is gone? I very
>much want to keep my stepson on the same schedule he is
>currently enjoying and thriving in...but I don't want to waste
>the money if it's been tried and failed by others. (I can't
>find caselaw, or any step-parents who have done this)

If the father has joint custody, then he can appoint you to care for the child in his absence. You don't need separate authority. If there are compelling reasons in the child's best interets why the child should continue in the father's care, such as because you are part of the child's life, that is just more weight on the father's side of the scale.

I wouldn't try to intervene separately. It will appear to the judge to be an act intended to vex and annoy the other parent, and you will probably lose the motion to intervene.

>2) In order to do so, do I have to petition the court to be
>added as a party to the case, or can my husband petition the
>court asking that I take over his parenting time?

Motion to intervene. But, I wouldn't do it.