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    deborah70222's Avatar
    deborah70222 Posts: 1, Reputation: 1
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    #1

    Mar 31, 2017, 05:04 AM
    Custody of grandchild
    Live n Ohio. Tried to get custody of grandchild, mother my daughter died. Let son have custody but regret it dearly because of treatment of child. Went to court by myself and tried to do it alone. Judge kept asking me if I wanted to give testimony did not understand just wanted to tell him what was going on. I blew it. Son retains custody because I am stupid. Can I refile because now I know what to do. There is no legal aid in my county and I cannot afford an attorney. Any help is greatly appreciated.

    Deborah
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #2

    Mar 31, 2017, 06:10 AM
    So, what is the father doing wrong? You can't just go into court and demand custody. There has to be abuse or neglect proven to be taken away from a parent.
    Cat1864's Avatar
    Cat1864 Posts: 8,007, Reputation: 3687
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    #3

    Mar 31, 2017, 07:03 AM
    Quote Originally Posted by deborah70222 View Post
    Live n Ohio. Tried to get custody of grandchild, mother my daughter died. Let son have custody but regret it dearly because of treatment of child. Went to court by myself and tried to do it alone. Judge kept asking me if I wanted to give testimony did not understand just wanted to tell him what was going on. I blew it. Son retains custody because I am stupid. Can I refile because now I know what to do. There is no legal aid in my county and I cannot afford an attorney. Any help is greatly appreciated.

    Deborah
    Where is the father of the child?

    For clarification: Your daughter was the mother of the child. She died. Custody of the child was granted to your son.

    What is your son, the uncle(?), doing wrong? How is he treating the child? Is he mistreating the child or not treating the child the way you think he should? Have you talked to your son?

    Is child services involved?
    talaniman's Avatar
    talaniman Posts: 54,325, Reputation: 10855
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    #4

    Mar 31, 2017, 08:54 AM
    Lots of questions but you need a lawyer. Maybe he takes collateral, or has a payment plan, but this sounds very complicated, and it's no wonder you cannot do this by yourself.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Mar 31, 2017, 01:20 PM
    Didn't you learn by your original screwup that you NEED an attorney? Do you live near a law school? Many have free clinics that will, at least, help you prepare for court.

    You also need to clarify things here. The mother of the child was your daughter. Who is the father and who currently has custody. You refer to your son having custody, but that would be unusual unless there is a problem with the father. What about the paternal grandparents?

    As noted, why do you want custody taken from the current custodian?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #6

    Mar 31, 2017, 04:06 PM
    I think Cat got it right - there is no known father in the picture, so deborah's son has custody.

    Your question is 'can you refile' but you have no convincing argument that you actually do now know what to do. We don't know how much time has elapsed, nor what evidence you have.

    Sometimes a court CLERK is your best friend. If you can keep your sentences together, and can make sense, and can keep it short, ask the clerk about refiling. DO NOT spend more than 2 minutes asking. Practice your question. There is no need to waste your time and ours saying you were stupid. You are using a computer, aren't you? PRACTICE sentences that make sense to people other than yourself.
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