General Question

jnogood74's avatar

Child custody-without a lawyer?

Asked by jnogood74 (143points) September 19th, 2013

I have a 15yr old daughter that has lived with me for the last 3 yrs. Her aunt has legal custody of her and has received these
payments for the 3yrs my daughter has lived with me. Here is a quick run down as to how this happened: My daughter was born in Canton, OH. I was not with my daughters mother. I went to jail for 18 months when my daughter was 2 yrs old. During this time my daughters mother lost custody of my daughter to her sister. My daughters aunt moved my daughter to Atlanta, GA. I now live in Lima, OH. 3 yrs ago her aunt got up with me on Facebook, and asked me if i wanted my daughter. Of course I did. I was not worried about child support because I just wanted my daughter back in my life. This yr. when I filed my taxes, and claimed her on my taxes I got an error message saying she was already being claimed.

With this information, is there any way I can pursue custody without a lawyer?

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10 Answers

gailcalled's avatar

You can’t. There is a welter of confusing and conflicting information.

You need to contact a lawyer with the appropriate expertise immediately. Making arrangements via Facebook won’t wash as will ignorance about who is supporting your daughter legally.

For your daughter’s sake, do it right.

jnogood74's avatar

Her aunt lives in Atlanta, GA. I live in Lima, OH. She attends school and is involved i sports throughout the summer. She is on my medical card. There is no confusion as to who is supporting her.

snowberry's avatar

I hope you get a judge with a brain in his head. It seems pretty straight forward to me, but if you bring it to a judge, you’re going to have to be “approved” by the court (think social workers working you over) before you’ll be allowed legal custody. Do you suppose that means they’ll yank her from your home and put her in foster care or send her back to live with the aunt until that happens?

jnogood74's avatar

I actually have not considered that as an outcome( and thank you for that incite), I have contemplated her aunt trying to take her back as I start this process. she has cake and is eating it right now. this has stifled my drive to pursue custody.

snowberry's avatar

Yes, you’d better consult an awesome attorney before you make a move.

RealEyesRealizeRealLies's avatar

“There is no confusion as to who is supporting her.”

Not to you. But that’s not whom you need to convince. Get a lawyer and have them appoint a Guardian Ad Litem. Insist upon it.

YARNLADY's avatar

See if there is a free family court adviser who works for the court.

DWW25921's avatar

You need documentation. Don’t go to court without a paper trail! Make sure you have plenty of proof and eyewitness that confirm you’ve got her!

snowberry's avatar

Yes, school documents, W4 forms, receipts/bills from the daycare place, notes from the teacher, doctor visits (including trips to the ER), go to a psychologist and have them evaluate her and you. Do all your homework and then some. Make such a huge portfolio of paperwork that it will leave no question of who you are and what you’re up to. The more paperwork you provide, the less your attorney will have to do, and the lower your costs.

trailsillustrated's avatar

At 15 she can say where she wants to live and who has custody and the judge will listen. So go onto your county website and start researching and getting ready to file your motion. You can do it.

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