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    MOMMATEDDYBEAR's Avatar
    MOMMATEDDYBEAR Posts: 4, Reputation: 1
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    #1

    Feb 18, 2011, 05:13 PM
    Filing for a motion for discovery in Ohio
    Are there any forms to fill out for a motion of descovery in ohio for a child custody case?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Feb 18, 2011, 05:16 PM

    Please don't shout at us - which is what typing in capitals is.

    What info are you seeking to obtain?
    MOMMATEDDYBEAR's Avatar
    MOMMATEDDYBEAR Posts: 4, Reputation: 1
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    #3

    Feb 18, 2011, 05:21 PM
    Sorry for the caps I forgot they were on...

    My ex husband has not been able to keep a job for 16 years. And now he wants custody of my 16 yr old daughter. I have had sole physcial custody of her for the last six years and for her entire life your primary care giver. What I want to do is prove that he is not finanly (money) stable to be able to care for her needs. She has a cronic illness known as crohn's disease.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Feb 18, 2011, 05:38 PM
    Quote Originally Posted by MOMMATEDDYBEAR View Post
    sorry for the caps i forgot they were on....

    my ex husband has not been able to keep a job for 16 years. and now he wants custody of my 16 yr old daughter. i have had sole physcial custody of her for the last six years and for her entire life your primary care giver. what i want to do is prove that he is not finanly (money) stable to be able to care for her needs. she has a cronic illness known as crohn's disease.

    What kind of living conditions has he been under over the past few years? Crohns when managed properly shouldn't be extremely expensive to treat so long as the attatcks aren't too sevier.
    MOMMATEDDYBEAR's Avatar
    MOMMATEDDYBEAR Posts: 4, Reputation: 1
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    #5

    Feb 18, 2011, 06:00 PM
    Comment on califdadof3's post
    My daughter's medication is not cheep. It is about 2,000$ a treatment, which she gets every three months. All I asked for is how to do a motion of Discovery ? To get the information I need to prove my case.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #6

    Feb 18, 2011, 06:04 PM

    Comment on califdadof3's post

    --------------------------------------------------------------------------------

    my daughter's medication is not cheep. it is about 2,000$ a treatment, which she gets every three months. all i asked for is how to do a motion of Discovery ? to get the information i need to prove my case.



    Im only asking because if your building a case and you want to take it into court then your going to need to be prepared. And one persons perspective doesn't always translate well into the courts.

    His living conditions is going to matter when making the measure on his stability. If he is constantly changing jobs but is also keeping a roof over his head then its different from having moved 6 times in 3 years. You can see that one holds a much stronger argument in court then the other.
    MOMMATEDDYBEAR's Avatar
    MOMMATEDDYBEAR Posts: 4, Reputation: 1
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    #7

    Feb 18, 2011, 06:09 PM
    Comment on califdadof3's post
    As of right now he has an apartment, but has been behind on support. His claim is that since I have remarried that I am incapable of taking care of her. She ( my daughter ) has expressed to the judge that she does not want to live with her father.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Feb 19, 2011, 08:20 AM

    Your daughter will be heard in Court but she will NOT be the one who makes the decision where she lives. I don't understand why he thinks your marriage makes you incapable of caring for your child.

    I am confused about the separate motion to determine his financial stability. The Court will order both of you to bring all your financial info to Court to be evaluated. You don't need to file a separate motion.

    I would also ask the Court to appoint a legal guardian for your daughter. That person will arrange for ALL of you to be interviewed, probably by a social worker, in order to determine who is most fit (emotionally and financially) to raise a child.

    I don't know what type of treatments your daughter is taking. Her Physician should also have an opinion about the best place for her to live.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #9

    Feb 19, 2011, 09:36 AM
    Quote Originally Posted by MOMMATEDDYBEAR View Post
    ARE THERE ANY FORMS TO FILL OUT FOR A MOTION OF DESCOVERY IN OHIO FOR A CHILD CUSTODY CASE?
    To answer the question, maybe. Google "Ohio Court forms". There are a lot of links. Throw in words like "domestic relations", "discovery", etc. and you might find what you want.

    In most places, you don't file a discovery motion unless formal discovery requests made to the opposing party have been ignored or refused.

    What information is it you want to discover?

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