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cubanguerilla · May 11, 2011, 11:04 PM

Ok, well here we go... I am a single father who watches my daughter 5-6 days a week. I do not have custody because after me and her mother split we never went to court. Meaning that in OH, the mother attains custody by default, which is BS!! Anyway, her lack of motivation not only as a mother, but as a person, has progressed worse since our split. She is a party girl who is more concerned with going to the bars rather than do things with our kid. For the past year I have had the child while continuing to pay Child support. She has no car, no phone, and actually just got her license back for a DUI. Most of the time I can't even get ahold of her, and when I do she has an excuse as to why she cannot spend time with the kid. The child is 6 yrs old and quite often realizes that her mother would rather go out with friends as opposed to going out with her. I have documented almost everything from clothing purchases, days I have taken her to and picked her up from school, even which parent teacher conferences I have attended, as well as extracurricular activities such as chuck e cheeses and trips to the parks. So my question would be... "what is my best course of action with the childs best interest at hand"?

joypulv · May 12, 2011, 02:34 AM

There's really no 'easily.' You apply for custody in Family Court, and it helps to have a lawyer. If you can get 50/50, you might at least have reduced or no support to pay.

ScottGem · May 12, 2011, 03:03 AM

How are you paying child support if you never went to court? If the support is not court ordered then you are giving gifts to the mother, not child support.

But the answer is that you need to go to court and file for primary physical custody. You should retain an attorney who will be able you to assemble a case that may convince a judge to order custody.

cubanguerilla · May 12, 2011, 03:36 AM

No not gifts at all, we never went to court for custody but for support we did. In Ohio, like most states, Mom gets custody by default

Fr_Chuck · May 12, 2011, 04:45 AM

Sorry, no, no one gets "custody" by default, unless one claims it and the other party does not fight it.

You, if you had physcial custody of the child, could have went first to court and asked for support,

But you have done almost everything wrong up to this point. You will gain custody by hiring an attorney, proving in court the child lives with you most of the time ( full number of hours per week) and showing the child has a better home life with you.

AK lawyer · May 12, 2011, 05:32 AM

Originally Posted by cubanguerilla

... after me and her mother split we never went to court. Meaning that in OH, the mother attains custody by default, which is BS!!! ...

Originally Posted by cubanguerilla

In Ohio, like most states, Mom gets custody by default

Meaning that, in Ohio, or anywhere else, when the mother tells the father "I'm the mom, I get her", and when the father says "Duh, ok, I guess,", the mother gets the child. :rolleyes: