No visitation being allowed

[clevegreg]

Well I guess I am a retard then. I actually had many people tell me that the kids were old enough to make their own decision.

 

[ProSeDadinMD]

Well I guess I am a retard then. I actually had many people tell me that the kids were old enough to make their own decision.

People told you that YOUR 12 and 13 year old CHILDREN could decide that they didn't want to see you anymore, and you believed them?

 

[clevegreg]

Thanks for the support

 

[wileybunch]

People told you that YOUR 12 and 13 year old CHILDREN could decide that they didn't want to see you anymore, and you believed them?

It's not like he believed it for years and years, he's gotten around to it now. MANY people talk about "teenage discretion", they really do. Even my husband's ex wife was using that term and SO WAS HER ATTORNEY as recently as this past August in court even after my husband's attorney basically mocked their use of a term that doesn't exist in our law because it was cited in their response to the contempt motion. And, Mom was also applying the term re: the will of an 11.5yo.

 

[clevegreg]

Thank you Wiley. I have TRIED many times to see my kids, but until today, I believed that the kids had a say in what happened. Live and learn.

 

[ProSeDadinMD]

Thank you Wiley. I have TRIED many times to see my kids, but until today, I believed that the kids had a say in what happened. Live and learn.

Ok , question for you...

If you and Mom were still together, would you honestly believe that YOUR 12 and 13 year old children were in charge?

 

[TinkerBelleLuvr]

Taking action can help you get past the depression that you say that you have.

Take it to mediation. THAT may make you feel better.

 

[clevegreg]

Didn't I mention that I am disabled? Well if I had been feeling better I'm sure that I would have taken action before now. An additional stressor that added to my inaction has been the horrific results I have had in Court regarding Child Support issues. At one point, I was ordered to pay 2.2X my annual gross income in CS It took several more court visits before something approaching reality was set by the Judge.

Now that I know what the law is, I will be taking appropriate action to get a firm visitation schedule set by the court.

 

[LdiJ]

Hey, I've had my own moronic moments in the past(and not proud of any of them), but do you really expect me(or anybody else for that matter) to believe this? Your kids are 12 and 13. C'mon....

Lots of people honestly believe that children can make those choices at 12-13. Think about how many people we have to tell here, on a weekly basis, that they cannot? Therefore I certainly do believe that he was misinformed on that issue.

However, this quote from his original post is also a good reason why he hasn't taken action before now:

I have been disabled for the past 6 years receiving both LTD from work, and througth the SSDI program. My diagnosis is Major Depression with psychotic symtoms. I have been, and continue to be, under the care of a MD and a licensed Counselor, and take appropriate medication as prescribed. Both of them say that they are confident that I would be "safe" around the kids, and would testify to that if necessary. They also worry, however, that fighting this might increase my stress levels potentially causing my symptoms to bet worse.

It also makes me a little concerned for HIS welfare should he attempt to do this without an attorney.

 

[Ohiogal]

Lots of people honestly believe that children can make those choices at 12-13. Think about how many people we have to tell here, on a weekly basis, that they cannot? Therefore I certainly do believe that he was misinformed on that issue.

However, this quote from his original post is also a good reason why he hasn't taken action before now:



It also makes me a little concerned for HIS welfare should he attempt to do this without an attorney.

Here is the thing, IN SUMMIT COUNTY OHIO, if he files ANYTHING dealing with custody issues, he will IMMEDIATELY be ordered to mediation in the court mediated program. So he might as well save himself the money of an attorney and go straight to mediation before filing. That way he can show the ocurt that mediation was tried and failed.

At mediation in Summit County, attorneys are NOT allowed to participate. They may be present but, if in the room, they have to sit there and be quiet and not communicate at all with their client DURING mediation. Clients can ask to discuss items with their attorney and then mediation stops while the client and attorney go to another meeting room to discuss things. Then it starts back up. Mediation in Summit County is not binding until said time it is ORDERED by a court.

Hence why he should file for mediation:
http://drcourt.org/informal.pdf


Then IF that doesn't work, he files
http://drcourt.org/postdecreemotion.pdf
With
http://drcourt.org/parentprocaff.pdf
and if he is going pro se at this juncture he can file the poverty affidavit on the
drcourt.org/forms.htm site.
If he is filing for child support modification he needs the post decree financial affidavit.

I would not suggest he go into court after the informal process WITHOUT an attorney. For that he definitely needs an attorney or the magistrates will eat him alive and spit him out.

 

[Ohiogal]

The Summit County Ohio parenting plan

This is the standard plan that OP may be looking at. Ages 14 and up have some input but visitation is still expected to take place once a week between children that age.

Domestic Relations Division Judge Carol J. Dezso
Summit County Court of Common Pleas Judge John P. Quinn
Domestic Relations Court, 205 S. High Street, Akron, OH 44308
Chief Magistrate Allen G. Carter, Sr. Court Administrator: Kenneth R. Teleis Magistrates: Ronald L. Cable, Jr., Stephan Collins, Sharon Dennis, Web Site: http://www.drcourt.org
Rebecca DiDonato Heimbaugh, Janice Gui, Janet L. Kleckner E-mail: drcourt@drcourt.org
Deborah Matz, Edward M. Schneider, Rhonda Stabler, Tracy Stoner
PARENTING TIME SCHEDULE
ORC §3109.051 AND LOCAL RULE 25
ADOPTED 5-1-91, AMENDED 02-07-97, 03-31-2001
The best parenting time schedule is your own plan. However, if you cannot agree, this Court designed this schedule
to insure that your child(ren) will have frequent and consistent contact with the non-residential parent. If there are
objections to this schedule because of special circumstances (for example: travel time, work schedules), or problems
(for example: substance abuse, mental illness, violence), you may present specific facts in a scheduled hearing
stating why this parenting time is not in the best interest of your child.
PLEASE NOTE: Summer vacations shall take precedence over the holiday schedule and the holiday schedule
shall take precedence over the normal weekly schedule. When parenting times are in conflict due to the ages
of the children, the schedule of the oldest child under age 14 shall apply for all children.
A. WEEKEND AND MIDWEEK
1. FOR CHILDREN FROM BIRTH TO 18 MONTHS
Three weekly times for 2-6 hours, on the days and times the parties can agree. If the parties cannot
agree, then the days shall be every Saturday from 2:00 p.m. to 6:00 p.m. and every Tuesday and
Thursday from 5:30 p.m. until 8:00 p.m., unless otherwise ordered by the Court.
2. FOR A CHILD 18 MONTHS TO THREE YEARS
One or two weekly times for 2-6 hours, plus one overnight, on the days and times the parties can
agree. If the parties cannot agree, then the days shall be every Tuesday and Thursday from 5:30
p.m. until 8:00 p.m. and overnight from Friday at 5:30 p.m. until Saturday at 5:30 p.m., unless
otherwise ordered by the Court.
3. FOR CHILDREN FROM AGE THREE THROUGH AGE 13
Every other weekend from Friday after school (as soon as non-residential parent can pick up the
child) until Sunday at 7:00 p.m., plus one evening a week, as the parties may agree. If the parties
cannot agree, the midweek will be Wednesday from 5:30 until 8:00 p.m. and alternating weekends
from 5:30 p.m. Friday until Sunday at 7:00 p.m., unless otherwise ordered by the Court.
4. FOR A CHILD AGE 14 AND OLDER
Parenting time is expected to take place weekly, with the days and times to be agreed upon between
the child and the nonresidential parent.
B. SUMMER VACATION - 4 WEEKS COMMENCING AT AGE 18 MONTHS
1. For any child under age 18 months, vacation shall be taken in no longer than one-week segments.
For older children, vacation may be taken in one, two, three, or four week periods.
2. During vacation periods extending more than two weeks, the residential parent shall have the same
mid-week parenting as the non-residential parent, if the child(ren) is/are in the vicinity.
3. Each parent must provide the other parent with his/her vacation destination and telephone number,
where he/she can be reached, times of arrival and departure, and method of travel.
4. Non-residential parent’s schedule shall have priority over residential parent’s unless residential
parent’s vacation time is mandated by provisions of his/her employment (such as annual plant shut
down). The parties shall give written notice of the vacation schedule at least 60 days in advance.
C. HOLIDAY PARENTING TIME, BEGINNING AT AGE 18 MONTHS:
EVEN #’D ODD #’D
HOLIDAY YEARS YEARS DAYS AND TIMES
1. ****** Luther King Day father mother 9:00 a.m. to 7:00 p.m.
2. President’s Day mother father 9:00 a.m. to 7:00 p.m.
3. Easter Sunday father mother 9:00 a.m. to 7:00 p.m.
4. Spring break* father mother 5:30 p.m. day school ends to 7:00 p.m. day
before school begins
5. Memorial Day mother father 5:30 p.m. Fri preceding to Mon. @ 7:00 p.m.
6. 4th of July father mother 5:30 p.m. 07/03 to 11:00 p.m. 07/04
7. Labor Day mother father 5:30 p.m. Fri. preceding to Mon. @ 7:00 p.m.
8. Halloween father mother 4 hours on Atrick or treat@ day/night or in each
neighborhood
9. Thanksgiving* father mother 5:30 p.m. Wed. to Fri. @ 7:00 p.m.
mother father 7:00 p.m. Fri. to Sun. @ 7:00 p.m.
10. Christmas Eve father mother 9:00 a.m. 12/24 to 10:00 p.m.
11. Christmas Day mother father 10:00 p.m. 12/24 to 7:00 p.m. 12/25
12. New Year’s Eve father mother 5:30 p.m. 12/31 to 7:00 p.m. 01/01
13. Winter break* divide equally
*(or as the parties may otherwise agree in writing)
D. DAYS OF SPECIAL MEANING
1. Religious or ethnic holidays - alternate between the parties yearly, 9:00 a.m. to 7:00 p.m.
2. Mother’s and Father’s Day with respective parents, 9:00 a.m. to 7:00 p.m.
3. Children’s birthdays with father in even-numbered years and mother in odd-numbered years,
9:00 a.m. to 7:00 p.m. All siblings to attend.
4. Parent’s birthdays - 9:00 a.m. to 7:00 p.m.
E. NOTIFICATION OF CHANGE OF RESIDENCE.
Each parent shall keep the other parent notified of any change in address and/or telephone number. If the
residential parent intends to move to a residence outside Summit County, he/she shall immediately file a
Notice of Intent to Relocate with the Court and shall serve copies upon the Court, CSEA, and the
other parent. If the parents cannot, by written agreement, agree that the move is in the best interest of the
child(ren), the residential parent shall file a motion and schedule a hearing to revise the companionship
schedule prior to relocating. O.R.C. §3109.051(G)(1).
F. ACCESS TO RECORDS, DAY CARE AND ACTIVITIES
Each party is entitled, under the same terms and conditions under which access is provided to the
residential parent, to access
1. any school, health, or agency records or reports that are related to the child(ren);
2. any child day care center which the child attends; and,
3. any student activity in which the child(ren) participate. O.R.C. §3109.051(H),(I),(J).
Revised January, 2003

 

[clevegreg]

Thank you very much!!!

 

[tuffbrk]

Hey there! Don't forget to let us know how it works out...

 

[BL]

Do not let anyone or anything discourage you , if you need more legal and even some moral support post back , but do not give up .

I filed for Custody/Visits once and got discouraged , because " A " Judges conduct toward me , and I was told I had to find my children's and mother's whereabouts .

I was ( 2 ) years before I refiled , same Judge , an Appeal , and the Judge abused his discretion . Back to Court , with a different Judge and totally different demeanor in my favor .

It's very frustrating , but stick it through .

Once you start regular visits , the children may see a whole new light .

There are many reasons a Parent don't jump on the issue right away , it don't make that parent any less of a person .

Good Luck .

 

[clevegreg]

Thank you all for your considerable help and kind words. I will start this moving next week, and I'll post what happens as I proceed.

Greg