Mom.life
Ashley Row
ashleyshantel1
Ashley Row
So my ex went to court and filed for visitation rights. I was served last week. I am not comfortable with our daughter being around him alone nor his mother which he lives with. I have proof of him asking me to take his drug test for his job for him in text messages and him texting me he was too high to drive and get our daughter milk. Is that enough to show the judge? As far as his mother she watches his son quite often and told us she gives him nighttime medicine if she has problems getting him to go to sleep at night. (Claims she did it with my ex when he was little too) And she FaceTimed us once mid day while taking his son back to his mother, she gave him night time medicine bc she didn’t want him talking the whole ride and wanted him to sleep. He was so out of it. It just scares me to leave her alone with them.
29.05.2018

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danielzamor2007
danielzamor2007
@ashleyshantel1 ok, before you respond to the "write of Summons" my advice to you ,is to reach out to an attorney... If you can't afford one personally- you can go down to the court house and file paperwork for one to be appointed for you... There is a fee for this , here in Ohio it's a $25 fee... You would have to show proof- that you cannot "personally" afford an attorney on your own... Examples of proof- work income (tax paper), if you receive any sort of public assistance... At that point, once you're approved they'll have a public defender appointed to you... That public defender will want copies of whatever papers you have received in the mail- then that public defender will respond on your behalf.... But- you have to move fast, bc you only have 30days to respond- and sometimes it takes a little time...
12.06.2018 Нравится Ответить
ashleyshantel1
ashleyshantel1
I haven’t received anything in the mail. Just what the sheriff served me with. That’s the only thing I’ve received
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ashleyshantel1
ashleyshantel1
Yes I received a Writ of Summons and have 30 days to respond
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ashleyshantel1
ashleyshantel1
Oh okay, thank you so much for taking the time to explain this to me I really appreciate it.
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danielzamor2007
danielzamor2007
@ashleyshantel1 Have you received any papers in the mail- stating he has filed to go forth with visitation?
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danielzamor2007
danielzamor2007
@ashleyshantel1 More than likely- he went based off of your name. They'll have all information in the system... They can pull up files too- where his name was put on the birth certificate...
12.06.2018 Нравится Ответить
danielzamor2007
danielzamor2007
Typically in every state- a father has to establish a paternity test, in order to receive visitation or custody... But- they will start paper work before the paternity test is done- due to the fact it can at times be a bit of a process... But- once paternity test is done- without a doubt he will have to pay child support.
12.06.2018 Нравится Ответить
ashleyshantel1
ashleyshantel1
No it’s not. It’s wrong on both. And only I have all the paperwork from the hospital as far as documentation. I’m in the process of getting it corrected myself
12.06.2018 Нравится Ответить
danielzamor2007
danielzamor2007
@ashleyshantel1 Is her name spelled correctly on her social security card?
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ashleyshantel1
ashleyshantel1
@danielzamor2007, I’m in Maryland and I was reading where it says paternity needs to be established. Now he is on the birth certificate but her birth certificate spells her name wrong and needs to be fixed so how was he able to file for visitation without correct documentation?
12.06.2018 Нравится Ответить
danielzamor2007
danielzamor2007
@ashleyshantel1 What State are you in? Typically for "unmarried" couple's, the father would have to establish a paternity test before going forth- for filing for visitation/custody. In most cases this is at the father's expense! At that point, he'd be held to pay child support too... But- with that said I have seen cases where no paternity test was involved in the case as well... There's alot of factors they take into consideration.
12.06.2018 Нравится Ответить
ashleyshantel1
ashleyshantel1
@danielzamor2007, I’m not sure if you could answer this question but do you know if a father would have to establish paternity before filing for visitation if not married?
12.06.2018 Нравится Ответить
danielzamor2007
danielzamor2007
@fuhgeddaboudit AND out of the mouth of babe's- "I'LL TAKE WHAT YOU SAY WITH A GRAIN OF SALT" You go play with your mathematics and I'll continue to fight the rights for children that need a voice... Don't try to belittle the work I do and the success that I have achieved... Go make a breakthrough on how to tame that volcano in Hawaii and let me worry about the job that I do! 😉 You can take your thoughts and opinions "DEARIE" and shove them up where the sun don't shine 🌥️ Again, go try to argue with someone else- because as I previously stated before I'm no match for the level of your ignorance... Now you have yourself a great day " DEARIE"... 😄
30.05.2018 Нравится Ответить
danielzamor2007
danielzamor2007
@fuhgeddaboudit Oh and before you blocked me lol I seen you're pregnant- so maybe we'll just blame your ignorance on your pregnancy hormones 🤣🤣 Go relax, put your feet up, and take a breath! It's all gonna be ok!
30.05.2018 Нравится Ответить
danielzamor2007
danielzamor2007
@fuhgeddaboudit I didn't call you names, I just explained to you your behavior, which is ignorant... I'm very confident in my knowledge, that's why I've been trying to get through to you about the advice and examples I gave... That's all 😀 It's all just still going over your head.
30.05.2018 Нравится Ответить
danielzamor2007
danielzamor2007
@fuhgeddaboudit Clearly, I am no match for your level of ignorance.
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danielzamor2007
danielzamor2007
@fuhgeddaboudit Ignorant people like you is what makes the world full of garbage... There's a difference from questioning one compared to trying to insult ones intelligence... I don't let small people as yourself get under my skin... Go educate one in evolution and physics and while you're at it research fool, because I'm pretty sure you'll find ignorant next to it and that sums you up! 😘
30.05.2018 Нравится Ответить
danielzamor2007
danielzamor2007
@fuhgeddaboudit Well seeing how that's my job- yeah I am plenty enough capable of giving attorney advice... I wouldn't tell an electrician how to put an outlet in, or a nurse how to take blood work- because that's not my area to speak in... Don't try to insult my intelligence- because I know what I'm capable of and I don't need an Internet bully to question me!
30.05.2018 Нравится Ответить
danielzamor2007
danielzamor2007
@fuhgeddaboudit I know enough when it comes to New York BASIC LAW to give valid factual advice! As far as I'm concerned, from what I'm witnessing in our "back and forth conversation" you're NOT comprehending what I'm saying to you... I've explained myself time and time again, I understand what you're saying when you speak of your case- but what you're failing to understand is your case didn't get that far where you obviously needed a guardian ad litem to get involved in your case... Since you're so well at reading -you can research NEW YORK LAWS ON CUSTODY and it is very rare for a parent to terminate their custody case when in motion... Now seeing how this had happened in your case- it's a very low percentage but it obviously does happen! Now while I wouldn't go up against you and say your research regarding the milky way is incorrect, I'd appreciate it if you don't tell me my studies are inaccurate and as if I don't know what I'm talking about... So, if you ever need an attorney to stand for a child custody case- you can come talk to me- if not I'd appreciate it if you take your argumentative self and direct elsewhere! AND thanks, I'll have a great night- you try to do the same... Adios! 👋
30.05.2018 Нравится Ответить
danielzamor2007
danielzamor2007
@fuhgeddaboudit No, everything I've said has gone right over your head... I'm running out of ways to explain this to you!
30.05.2018 Нравится Ответить
danielzamor2007
danielzamor2007
@fuhgeddaboudit A matter of fact I have! From 2007-2009 I was in court with my son's father... We also went back two other times 2011-2012, then 2013-2015 (THAT WAS FOR ME PERSONALLY)... Now standing on behalf in court for a case I've had my first case was back in October of 2016, and I'm currently on my 7th case I'm working on (in our family attorney practice)... I am very familiar with Ohio and Texas custody laws and i have the knowledge of all state wide basic laws...
30.05.2018 Нравится Ответить
danielzamor2007
danielzamor2007
@fuhgeddaboudit No need to keep going back and forth with you on this... So you can take your LOL's and your smfh's and "try" to argue with someone else... It's great your case went the way it did GOOD FOR YOU 👏 but all cases are handled on a case-to-case basis... Soooooooo, that's why I was giving her examples 😉
30.05.2018 Нравится Ответить
danielzamor2007
danielzamor2007
@fuhgeddaboudit AGAIN - it depends on the case... EVERY CASE IS DIFFERENT!!! Not saying that domestic violence in any way shape or form is an okay thing but if that person that is charged with domestic violence isn't in any way harming the child there is a thing called a pass by... Drugs inpairs a person's train of thought- which means it can be extremely dangerous for a person to care for a child while on drugs!!! There's a difference from a person whom is categorized as being "domestic violent person" and a "child abuser" the referee, judge, Magistrate WHOMEVER is handling the case will take all those factors into consideration!!!
29.05.2018 Нравится Ответить
danielzamor2007
danielzamor2007
@fuhgeddaboudit well I guess so, good for you!😉
29.05.2018 Нравится Ответить
danielzamor2007
danielzamor2007
@fuhgeddaboudit AGAIN you "TERMINATED" your case you said!!!! In that case (which was yours) they did not feel that you needed a guardian ad litem... Custody court cases can go on for years it can be mid case and they will get a guardian litem involved especially when drugs are in play! @ashleyshantel1 case can be COMPLETELY different than yours especially bc drugs are involved! You don't have to care what I study - but as I previously stated I know laws basics!"HONESTLY" I just don't think you understand!
29.05.2018 Нравится Ответить
danielzamor2007
danielzamor2007
@fuhgeddaboudit A Referee is the rough equivalent of a junior Judge. They are appointed to hear custody & visitation cases by consent of the parties - if the parties do not consent, then either the case will be heard by an actual Judge or the Judge will just review the transcripts & report from the Referee at the end of the case & issue an order based on same. As for joint custody, if you can otherwise communicate (even if via e-mail or text) regarding the children, then joint custody is usually encouraged by the courts. Rarely is it ordered over the custodial parent's legitimate objection. 
29.05.2018 Нравится Ответить
danielzamor2007
danielzamor2007
@fuhgeddaboudit Child custody cases are decided on a case-by-case basis. You keep saying you "terminated" the case- then that's why you received the outcome that you did... But, if the case wasn't terminated by you- and there was no communication nor agreement then it would have gone further with trial.. Again, I don't study law in New York- I do in Ohio, but I'm very familiar with Court steps and basic law. At some point if it would have gone any further without an agreement- then the steps I provided above would have came into play and a guardian ad litem what have been appointed to the child... That goes for every state in the USA!
29.05.2018 Нравится Ответить
danielzamor2007
danielzamor2007
@fuhgeddaboudit @ashleyshantel1 In every state- the first thing the court tries to do is to have both parties come to an agreement... If an agreement is not made or none of the parties decide to back out- then a further court process will begin bc at that time the state will pickup the case.
29.05.2018 Нравится Ответить
danielzamor2007
danielzamor2007
@fuhgeddaboudit As I previously stated- in every state the law are slightly different... But, you also.said you terminated the case against him- if that didn't happen and an agreement wasn't brought to the table then you would of had to go through the entire trial process in court (that goes for all states)... Also in all states- at that point your child would have been appointed a guardian ad litem...
29.05.2018 Нравится Ответить
danielzamor2007
danielzamor2007
@ashleyshantel1 You're correct! You should have a problem at all... Now @fuhgeddaboudit is correct about the "referee part" but that's if you and the other parent can communicate and come to an agreement without a trial in front of the Magistrate... Yes you do have to abide by all the rules when it is on court paper and signed off by the Magistrate- but absolutely and no way can a police officer get involved in a court custody case... All the police officer can do is make report if the other parent is wanting that...
29.05.2018 Нравится Ответить
danielzamor2007
danielzamor2007
@fuhgeddaboudit Yes, a referee IF parents can come to an agreement... There has to be some sort of communication first.
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briannalynn547
briannalynn547
Definitely take to court !
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ashleyshantel1
ashleyshantel1
@danielzamor2007, thank you so much for taking your time to explain that to me. But seeing as how we’ve never been to court nor have been married it shouldn’t be a problem saying he can come visit her until we do go to court?
29.05.2018 Нравится Ответить
danielzamor2007
danielzamor2007
My mom's sister (my aunt) is an attorney, and I'm a teacher but studying basic law... Keep in mind in every state laws can be slightly different- but here's the basics that applies for all states...
Every thing that has happened, or will happen needs to be documented... In court- some magistrates will not look at a phone to see documentation- therefore you need to print out everything and keep it in a folder... Also- when something happens write it down in a notebook- be sure to give detail and time and date the incident...
If you feel strongly worried and scared for you Child- while in their care you can file for an emergency custody hearing- keep in mind doing this do not show up empty handed- have everything to back up why you're going forth with an emergency custody hearing... At that point- nothing will be set in stone, it will just me temporary until the actual court date... Now, if you haven't gone to court before- and Haven't been married to your child's father- you can easily keep the child from the father and when you go to Court have proof as to why you decided to keep your child away from him and his family... He might try to call the cops on you and that is absolutely fine by law police officers cannot step in and do anything when it comes to a custody case only the court... When and if you go to court keep in mind never to say keep in mind never to say"my child" most Magistrate's cannot stand hearing that- instead always use the term "our child"... But honestly the key to everything is keeping documentation- that way you have proof to back up all your facts and it will be that much easier for you to prove your point in court... I'd assume they will make him take a mandatory drug test ,if he shows dirty more than likely he will have to take a certain amount of hours in drug class... During that time the magistrate can have it where he doesn't get to visit with your child, or if he can it will have to be supervised... Keep in mind your child will be appointed a guardian ad litem- this person is more or less an attorney for your child... The guardian of Litem will then interview you and the father separately and will make an appearance at both of your homes to look at the conditions your homes are in (I can give you examples of what if you like) and at the end the guardian litem will write up their opinion from their findings of interviewing both parents and visiting the home- well then share it with the Magistrate and either the Magistrate can take the advice from the guardian litem or the magistrate can Veer off and go with what they personally feel... 95 to 98% of the time the magistrate goes off of what the guardian litem says FYI.... I hope this helps if you have any questions just let me know
29.05.2018 Нравится Ответить
danielzamor2007
danielzamor2007
My mom's sister (my aunt) is an attorney, and I'm a teacher but studying basic law... Keep in mind in every state laws can be slightly different- but here's the basics that applies for all states...
Every thing that has happened, or will happen needs to be documented... In court- some magistrates will not look at a phone to see documentation- therefore you need to print out everything and keep it in a folder... Also- when something happens write it down in a notebook- be sure to give detail and time and date the incident...
If you feel strongly worried and scared for you Child- while in their care you can file for an emergency custody hearing- keep in mind doing this do not show up empty handed- have everything to back up why you're going forth with an emergency custody hearing... At that point- nothing will be set in stone, it will just me temporary until the actual court date... Now, if you haven't gone to court before- and Haven't been married to your child's father- you can easily keep the child from the father and when you go to Court have proof as to why you decided to keep your child away from him and his family... He might try to call the cops on you and that is absolutely fine by law police officers cannot step in and do anything when it comes to a custody case only the court... When and if you go to court keep in mind never to say keep in mind never to say"my child" most Magistrate's cannot stand hearing that- instead always use the term "our child"... But honestly the key to everything is keeping documentation- that way you have proof to back up all your facts and it will be that much easier for you to prove your point in court... I'd assume they will make him take a mandatory drug test ,if he shows dirty more than likely he will have to take a certain amount of hours in drug class... During that time the magistrate can have it where he doesn't get to visit with your child, or if he can it will have to be supervised... Keep in mind your child will be appointed a guardian ad litem- this person is more or less an attorney for your child... The guardian of Litem will then interview you and the father separately and will make an appearance at both of your homes to look at the conditions your homes are in (I can give you examples of what if you like) and at the end the guardian litem will write up their opinion from their findings of interviewing both parents and visiting the home- well then share it with the Magistrate and either the Magistrate can take the advice from the guardian litem or the magistrate can Veer off and go with what they personally feel... 95 to 98% of the time the magistrate goes off of what the guardian litem says FYI.... I hope this helps if you have any questions just let me know!
29.05.2018 Нравится Ответить
ashleyshantel1
ashleyshantel1
@shannae3, yea he told me I have 30 days to respond and the paperwork says it too
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shanae4
shanae4
Make sure that’s the case because if a sheriff hand it to u usually it’s goes into affect immediately
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laniejay
laniejay
@ashleyshantel1, the courts will say that’s not reasonable as it needs to be a comfortable environment for Dad too.
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ashleyshantel1
ashleyshantel1
@fuhgeddaboudit, I was told by the sheriff when i was served that I have 30 days to agree or disagree to his visitation terms. Nothing has been court ordered yet. I think once I respond, depending on whether I agree or disagree it’ll go to court.
29.05.2018 Нравится Ответить
ashleyshantel1
ashleyshantel1
@laniejay, I’ve told him multiple times he’s welcome to come to my parents house where we stay to visit. That’s not a problem at all.
29.05.2018 Нравится Ответить
laniejay
laniejay
Document, document, document.

Be willing to compromise like saying supervised visits at a center is ok. Or random drug tests, etc.
29.05.2018 Нравится Ответить
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