Abuse & Neglect Case Still Open

I live in Ohio and my son came home from visiting his biological father in Florida 2 months ago with a bruise on his face and rash all over his body and said his dad hit him. I brought him to the doctor the next day, my son told the doctor the same thing and he reported it to social services. He then treated my son with a topical steroid for his skin. My son then reported it to his teacher the day after that. She did not report it because there was already an investigation.

To keep it short, the investigation is still pending and we have evidence that my son's biological dad lied to the county officials about what happened. He also denies the rash ever existed. The judge here in Ohio has granted my son's biological dad visitation even though the case is not solved. And, my son's dad now suddenly wants visitation in 2 days and to bring him out of the country.

The question is, am I forced to send him? I know it is required that I provide him with a noterized letter stating I allow him to go. But I do not want him to go obviously because there is an abuse and neglect open and he never asked me if he could go, he demanded that I give him a copy of his birth certificate and that he is bringing him to a country where he has total immunitity and the government will not enforce our court ordered papers here in Ohio and he is ticked off at me because the doctor reported him to social services!

Please, do I have to send him? I do have a lawyer, but he did not know.

If your current attorney does not know what is going on you need to tell him/her. I'm sure your attorney can ask the court for an emergency temporary stay re father's custody/visitation rights pending the investigation. This temporary stay would stop father from taking child out of the country as well.

Let me rephrase that. My attorney knows whats going on but is not too savy about international abductions. He says we don't have enough evidence to file for a temporary stay. How could a judge allow my son to go over 1,000 miles away and to another country when there is an open investigation of abuse and nelgect?

You really only have two options:

1. Let your child go and hope for the best

2. Don't let your child go. Maybe child's father will file something with the court but this would take awhile.

In either case maybe speak to another attorney for advice. Just to confirm what your current attorney is saying.

Need help and I am not sure how to proceed. In regards to being forced to send my son not only out of the state of Ohio to visit his biological father who is being investigated for abuse and neglect, but now they are working on getting a judge to overrule my parental rights and send him to Jamaica, a country that did not sign the Hague Treaty and if a child disappears, there is nothing we can do about it.

I have never been served papers saying I have to send my son. It was a phone conversation between his lawyer, who happens to be the presiding administrative judge in our county and the magistrate (who happens to be beneath this particular judge), who both gave my lawyer an unexpected call to discuss whether the father should have parenting time for two weeks over 1,000 miles away and potentially take him out of the country. The magistrate said that he did not want evidence to be discussed but rather for the two lawyers to tell their stories and he would judge from that. There never was a "hearing." I never received papers saying I had to bring my son.
In addition, in the state of Ohio, according to the Judges Code of Conduct on the Ohio Supreme Court's website it states:

(F) Practice of Law. A judge shall not practice law. Notwithstanding this prohibition, a judge may act pro se and, without compensation, may give legal advice to and draft or revise documents for a member of the judge's family.

http://www.sconet.state.oh.us/Rules/conduct/default.asp

This particular judge is not related to my son's biological dad and is not working for free because they are trying to sue my for lawyer's fees too.

My lawyer is not up and arms about my son being sent to another country. In fact, our case that had soo much evidence when we first hired him suddenly doesn't even have enough evidence he believes to prevent the court from overruling my parental rights as a residential parent and forcing me to send my child out of the country. I'm starting to see why. I am not accusing anything except that the law states that his lawyer, who is the presiding administrative judge in the same county, should not be allowed to represent him. And my lawyer is telling me I have to send my son out of state and I have not been served papers. My lawyer said it was okay for a judge to practice law.

Now what do I do?

Contact another attorney immediately if you believe your child's safety is in question or your parental rights are being threatened. Your original divorce decree should have addressed the issue of either parent taking your child across state lines and unless an order is signed and entered, you need only comply with that. Custody and visitation issues are never settled by a telephone conversation alone (especially when one party obviously disagrees so strongly) and if there's a flight risk with your child, don't agree to anything you're not comfortable with. Parental abductions related to divorces are quite common these days .. contact an attorney with all of your information, including the phone calls before you agree to anything. I would strongly suggest you do it now.

Good luck.

We were never married and there was never anything in our custody papers... but I will contact another lawyer. Thank you!

I cannot contact another lawyer unless my lawyer gives him permission to talk to me about it. Do I have to fire my lawyer? My lawyer will not get back with me since yesterday. ???

If you are unhappy with your current attorney's representation, you are free to seek adequate counsel. Check your original agreement for exclusivity .. while it may not be actually stated, there are certain professional standards within the legal profession that may require you to 'fire' your original attorney. You probably won't hear anything from your attorney during the holiday season but I would still send a registered letter voicing your unhappiness about the representation you're receiving and request he give permission to seek additional counsel. If anyone is telling you 'it's okay to ship your child wherever' without your complete support and agreement, and if they don't support your rights as the custodial parent, you have the wrong attorney.

You aren't arguing the visitation rights of a couch or refrigerator here. You're arguing your child's future.