[OH] What can a parent do if the other parent refuses to transfer custody at the scheduled time?

OH Family Law

Jessica B

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In Ohio there is a huge snowstorm and my ex is supposed to be bringing my son to me at 8am tomorrow, but he says he will do it once roads are safe and then transfer our son. I gave him until 8:15am to get our son over or I would call the police and make a report about it.

Lexi, Chatbot

I understand how stressful it can be when weather conditions affect custody arrangements. Can you tell me if there is a formal custody agreement in place regarding the transfer of your son?

Yeah, technically I was supposed to get all 3 on Friday, but my ex told my oldest that he didn't have to go because he was 17. So basically I only have my 2 kids, but Monday and Tuesday are my permanent days and the transfer time is 8am.

Lexi, Chatbot

Have you had any previous issues with your ex regarding visitation or custody that might be relevant to this situation?

Kind of.

Lexi, Chatbot

Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with your custody issue.

My ex is a narcissist.

Jessica B

Hello! My name is Jessica, and I am a licensed attorney who will be assisting you with your question. I understand you're dealing with a situation where your ex is supposed to bring your son to you during a snowstorm, but there are concerns about the timing and safety of the transfer. Have you considered any legal steps to address this situation?

Well, I just wanted to ask because we have a court order stating we have 50/50 legal custody of all 3 boys. I have my 2 youngest, but my oldest was told by my ex that he didn't have to come to my house on the weekend, and now my ex is saying he will only transfer our oldest when it is safe to travel. I gave him a deadline of 8:15am since the transfer time is 8am, and if my oldest isn't here by 8:15 I will call police to make a report.

My lawyer said the court order states that I get the kids, and with my ex already causing issues with our oldest this past Friday, I'm worried I'm involving the police over a minor matter, but my ex is a narcissist so I don't know what to do, and my lawyer isn't answering me, plus it's the weekend.

Jessica B

I understand your concern about involving the police, especially given the circumstances with your ex. It's important to ensure the safety of everyone involved. Have the roads been cleared yet?

I'm watching the news and the road views look good and plowed. My ex lives 17 minutes away from me. Oh, and I just looked at the radar, the storm will be gone by morning, leaving arctic cold temps.

Jessica B

Ok, first you will have to wait till morning to see the conditions of the roads. Second, the police will not intervene because this is a civil matter. If the father refuses to return the children, then you would need to file a Motion for Contempt with the court. In Ohio, this type of enforcement action generally falls under (OH Rev Code § 2705.031), which specifically addresses motions for contempt for failure to comply with a parenting time order.

But can I call just to document that my ex never dropped off my oldest? Call the police just to document it.

Jessica B

Yes, you can definitely call the police to document the situation. It's a good way to have an official record of the incident, especially if it becomes a recurring issue. Just explain the situation calmly and let them know you're looking to document the missed transfer.

Okay. Thank you. I wish you were my lawyer right now.

Jessica B

I know how difficult this can be. Please let me know if I may be of assistance in the future. Thank you.

Thank you, will do.

Jessica B

Thank you.

Is there a way to get my ex to take the kids since it's his time tomorrow, but he said he will not because they may carry the flu that I have? I have a fever ranging from 103 to 104 and need rest, and need him to take the kids so I can heal and get better in time, since I don't get paid when I miss work and need to heal quicker.

Jessica B

I'm sorry to hear you're feeling unwell and dealing with this situation. Here are some steps you can consider:

Communicate Clearly with Your Ex - Try to have a calm conversation with your ex about the importance of following the custody agreement, especially since you need time to recover. Explain your current health situation and emphasize that it's his scheduled time to take care of the kids.
Document Everything - Keep a record of all communications with your ex regarding this matter. This includes text messages, emails, or any other form of communication. Documentation can be crucial if you need to take further legal action.
Seek Temporary Assistance - If your ex is unwilling to cooperate, consider reaching out to family members or friends who might be able to help with the kids temporarily while you recover.
Consult Your Lawyer - Since your lawyer isn't available right now, try to reach out as soon as possible for legal advice. They can provide guidance on whether you can take any immediate legal actions to enforce the custody agreement.
Consider Mediation - If this becomes a recurring issue, mediation might be a helpful way to resolve disputes without going to court. A neutral third party can help facilitate a discussion and find a solution that works for both parties.

Please let me know if you have further questions.

Jessica B

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