Death of divorced custodial parent (Ohio)

[Eddie Hutchins]

What is the name of your state? Ohio
I am divorced and my ex died just recently, neither of us has remarried, but have live in companions. He had custody of the minor children, I want the custody of my children, and want to know if I have any rights in this regard. Who decided this matter or is it automatic. Will it have to go to court under family law or Probate?
Really need some advice if anyone has personal knowledge of a related case issue.
thanks

 

[stealth2]

All other things being equal, you should have custody of your children. You should likely speak with a local attorney, but - unless there has already been some type of court proceeding - you may well be able to simply go and pick the kids up.

 

[rmet4nzkx]

What is the name of your state? Ohio
I am divorced and my ex died just recently, neither of us has remarried, but have live in companions. He had custody of the minor children, I want the custody of my children, and want to know if I have any rights in this regard. Who decided this matter or is it automatic. Will it have to go to court under family law or Probate?
Really need some advice if anyone has personal knowledge of a related case issue.
thanks

Who has custody of the children now?
Have you applied for Social Security Survivor's benefits for the children?
Did your ex have a will?
Have you contacted an attorney?
What are the current orders?

 

[Eddie Hutchins]

Reply to senior partner

Who has custody of the children now?
Have you applied for Social Security Survivor's benefits for the children?
Did your ex have a will?
Have you contacted an attorney?
What are the current orders?

I have physical possession of the children, as they were visiting when he died. His live in companion, has also taken them back for x-mass. She also has eluded to the keeping of them?

I have benifits from Social Security for disability and benifits for all under that.

Not sure if he had a will

No, I have not contacted an attorney, nor do I have money to pay for one.

There was only the divorce decree, but their was a stipulation in it that the minor children that he had custody could not live with me as the son of my companion had molested the children when all of them were young. That child was tried convicted, sentenced, sent to therapy and has completed all that was required by the courts for his offense. It has been several years since that issue, and am afraid that this may be brought up by the companion of my ex, or his brother (he is gay).

Comments??

 

[stealth2]

Well, your SO's son is, apparently a sexual offender. What will his access be to the children? This is one of those "other things NOT being equal" that could cause you some problems wrt gaining custody of the children.

 

[snodderly]

That child was tried convicted, sentenced, sent to therapy and has completed all that was required by the courts for his offense. It has been several years since that issue, and am afraid that this may be brought up by the companion of my ex, or his brother (he is gay).

Is this someone who will be in your home around your children? Is this someone you still have a relationship with? I see this being a big problem...convicted sex offender spending time with the very children he molested. Not so sure the courts will go for that one.

 

[Eddie Hutchins]

Resonse to Stealth2

The offending child did not have the title of sex offender put on him, as this was prior to this law being enacted. He has been titled as not likely to re-offend by his counselors. He was under the age of 12 when the offenses occured, and he is now 16. He also has had interaction with the other children with the knowlege of my ex when the minor children came and stayed and visited. If the child has been "properly sentence, complied with all of the requirement of the sentence" How could the court still penalize him for his actions. Just trying to look at all of the areas of concern. It took alot of time to learn to love and appreciate this boy, after all that transpired, and if the court would step back in and say the children could not live with him in the house. Then I would have to leave my S/O and our home to gain custody?? If nothing is said or done by anyone relating to this matter, do I still have to ask permission of the court to have physical custody of the children.

 

[stealth2]

Probably not, but you should certainly expect that - if the other interested parties are aware of this history - you will find yourself in a custody fight. Since there is mention of this in your custody order, a judge is going to take it very seriously. You should very likely discuss matters with an attorney.

Honestly speaking - it would not be a chance I would take with my kids. Nor would I even consider placing them in a position where they would have to interact on any regular basis with the person who had sexually molested them. I'm sorry, but the kids should be more important to you than your SO.

 

[rmet4nzkx]

Essentially nothing has changed in regard to the court order re custody, even since the child was rehabilitated, so yes, unless you plan on changing your living arrangement, you may indeed have difficulty regaining custody, or you might lose the child to foster care even if the companion of your ex doesn't get custody, anything is possible these days. You really need an attorney.

There is a bigger issue here, although the "child" in question was singled out for their inappropriate sexual behavior and may have even been rehabiliated, there are almost always bigger issues involved, either the child was molested themselves and or they may have a psychological problem which may for all intents and purposes may make rehabiliation questionable because they may follow a program but when they are unsupervised are unable to appropriately process and respond to the actual situation. These psychological problems may be very difficult to diagnose, so your child's unsupervised exposure could lead to a repeat offense and something you want to avoid if you really want custody of your child.

You may want to check with both an attorney for custody issues and another for probate.