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In Ohio, Failure to Obey Your Court Orders Can Cost You Custody

September 27, 2014

CUSTODY LAWYER, OHIO CUSTODY LAWYER, COLUMBUS OHIO CUSTODY LAWYER, COLUMBUS CUSTODY LAWYER, FRANKLIN COUNTY CUSTODY LAWYERVirginia Cornwell is a Franklin County Custody Lawyer and an Ohio State Bar Association Certified Family Relations Specialist.

This is a cautionary tale about an Ohio Mother who, according to the court, denied the father of her child his parenting time and eventually lost custody.

The case In re D.M., 2011-Ohio-3918, is about willfully denying the other parent visitation. The child was born in 2004 and the parents split up and entered into a shared parenting plan in 2008. Soon after the father began dating another woman and the mother started denying him his parenting time with the child. According to the case, The Mother would not allow the Father to speak to his child on the telephone. The Mother testified that the son did not want to visit his Father so she would not make him. In 2009 the Father sought custody but custody was awarded to the Mother. Later that year the Mother was found in contempt for denying the Father his parenting time. In 2010 temporary orders issued regarding new visitation times for the Father. Later that year the Mother was found in contempt again for denying the Father his visitation. The guardian ad litem, who speaks for the child’s best interest, recommended that the Court consider granting custody to the Father but the trial court designated the Mother as the residential parent and legal custodian. The Father won custody of his son on appeal.

COLUMBUS CUSTODY LAWYER, CUSTODY LAWYER, OHIO CUSTODY LAWYER, FRANKLIN COUNTY CUSTODY LAWYER, FRANKLIN COUNTY CUSTODY LAWYERS, COLUMBUS CUSTODY LAWYER, COLUMBUS OHIO CUSTODY LAWYERThe Mother had been the primary caretaker of the child since his birth. The appellate court stated that although it is not a codified factor in 3109.04(F)(1), Ohio courts have held that a party’s role as the primary caregiver is a relevant factor when determining the best interest of a child. But, caselaw also establishes that children have certain rights, including the right to love each parent. The court noted that the Mother had mental health and substance abuse issues, had defied court orders, and denied the Father his parenting time. In 2011, the appellate court found that the decision to award custody to the Mother was an error.

What this case tells us is that even if one parent has been the primary caregiver since birth, if they do not obey the court’s orders and deny the other parent his/her parenting time, they may lose custody.

If you are not receiving your parenting time, or if you have concerns about sending your child for their parenting time, you may want to get some advice from an Ohio Family Law Attorney before you act.

CALL NOW  at (614) 225-9316

OHIO CUSTODY LAWYER, OHIO CUSTODY LAWYERS, OHIO CUSTODY ATTORNEY, OHIO CUSTODY ATTORNEYS, OHIO CHILD CUSTODY LAWYER, OHIO CHILD CUSTODY ATTORNEYNeed some help? We would be happy to schedule a consultation with you.  Please give us a call, and one of our Columbus Family Law Attorneys will meet with you to discuss your case.

FRANKLIN COUNTY OHIO CHILD CUSTODY LAWYER, FRANKLIN COUNTY CUSTODY ATTORNEY, FRANKLIN COUNTY OHIO CUSTODY LAWYERS, FRANKLIN COUNTY OHIO CHILD CUSTODY ATTORNEYS, FRANKLIN COUNTY OHIO CHILD CUSTODY LAWYER

Virginia Cornwell is an Ohio State Bar Association Certified Family Relations Specialist.

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1. This site applies to the state of Ohio and matters of federal law only.
2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.
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Read this before you read our website

1. This site applies to the state of Ohio and matters of federal law only.

2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.

3. Reading this website or sending documents to us does not create an attorney-client relationship and information or documents you give us will not be kept confidential unless you call us, tell us who is involved in your case, and let us do a conflict of interest check.

AREAS OF PRACTICE

  • Annulment of Marriage
  • Appeals
  • CERTIFIED SPECIALIST – OSBA Certified Family Relations Specialist
  • Child Support
  • Columbus Ohio Collaborative Family Law
  • Contempt of Court
  • Custody
  • Dissolution of Marriage
  • Divorce
  • Divorce & Alimony
  • Divorce & Assets
  • Divorce & Business Owners
  • Divorce & Child Support
  • Divorce & Custody
  • Divorce & Professional or Medical Practice Owners
  • Family Law
  • Father's Rights
  • Franklin County & 88 Ohio Counties
  • Grandparents Rights
  • Legal Separation
  • LGBT Family Law, Divorce, Custody
  • Military Divorce
  • Mother's Rights
  • Moving & Relocation
  • Ohio Collaborative Divorce
  • Parental Alienation
  • Paternity
  • Post-Decree Modifications
  • Prenuptial & Antenuptial Agreements (Prenup)
  • Shared Parenting
  • Temporary Orders in Ohio
  • Uncontested Divorce
  • Unmarried & Never Married Parents
  • Visitation
(614) 225-9316

OHIO STATE BAR ASSOCIATION CERTIFIED FAMILY RELATIONS SPECIALIST

Ohio Bar Association Certified Family Law Specialist

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  • Adoption (4)
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  • Child Custody (39)
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  • Divorce (45)
  • Emergency Custody and Supervised Visitation (3)
  • Father's Rights and Paternity (12)
  • Grandparents Rights in Ohio (14)
  • Guardian ad Litem (3)
  • High Asset Divorce (2)
  • Interstate Family Law (2)
  • Jurisdiction and Venue (6)
  • Legal Separation (5)
  • LGBT Family Law (6)
  • Mediation (1)
  • Military Family Law (3)
  • Mothers' Rights (2)
  • Moving and Relocation (10)
  • Ohio County Visitation Schedules (86)
  • Parental Alienation (2)
  • Post Decree Cases (6)
  • Prenuptial Agreements or Antenuptial Agreements (3)
  • Psychological Evaluations (2)
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  • Step-Parent Adoption (1)
  • Tax Issues (1)
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  • Uncategorized (14)
  • Uncontested Divorce (2)
  • Unmarried Parents (6)
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Recent Posts:

  • Appealing Your Ohio Family Law Judgment Entry
  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
  • Columbus Ohio Same Sex Divorce Lawyer & Prenuptial Agreement Lawyer
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From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Gahanna, Bexley, Blacklick, Columbus, Dublin, Hilliard, Lancaster, Westerville, New Albany, Pickerington, Powell, Upper Arlington, Worthington, Lancaster, Franklin County, Fairfield County and more. In addition, we serve clients in several Ohio Counties, including, but not limited to: Franklin County, Delaware County, Licking County, and Fairfield County.

Ohio State Bar Association Certified Family Relations Specialist

Ohio Bar Association Certified Family Law Specialist

Free Information

  • Adoption (4)
  • Alimony or Spousal Support (3)
  • Annulment (5)
  • Appeals (3)
  • Child Custody (39)
  • Child Support (15)
  • Civil Protection Orders & Domestic Violence (3)
  • Collaborative Divorce (1)
  • Contempt & Enforcement (12)
  • Dissolution , Amicable Divorce, No Fault Divorce (15)
  • Divorce (45)
  • Emergency Custody and Supervised Visitation (3)
  • Father's Rights and Paternity (12)
  • Grandparents Rights in Ohio (14)
  • Guardian ad Litem (3)
  • High Asset Divorce (2)
  • Interstate Family Law (2)
  • Jurisdiction and Venue (6)
  • Legal Separation (5)
  • LGBT Family Law (6)
  • Mediation (1)
  • Military Family Law (3)
  • Mothers' Rights (2)
  • Moving and Relocation (10)
  • Ohio County Visitation Schedules (86)
  • Parental Alienation (2)
  • Post Decree Cases (6)
  • Prenuptial Agreements or Antenuptial Agreements (3)
  • Psychological Evaluations (2)
  • Shared Parenting (2)
  • Step-Parent Adoption (1)
  • Tax Issues (1)
  • Temporary Orders (5)
  • Uncategorized (14)
  • Uncontested Divorce (2)
  • Unmarried Parents (6)
  • Visitation (6)

Recent Posts:

  • Appealing Your Ohio Family Law Judgment Entry
  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
  • Columbus Ohio Same Sex Divorce Lawyer & Prenuptial Agreement Lawyer
  • Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Bexley, Blacklick, Columbus, Delaware, Dublin, Gahanna, Hilliard, Lancaster, Marysville, Westerville, New Albany, Newark, Pickerington, Plain City, Powell, Upper Arlington, Worthington, Lancaster, Zanesville and more. In addition, we serve clients in all Ohio Counties, including, but not limited to: Franklin County, Delaware, Licking, Logan, Fairfield, Union, Marion, Muskingum, Pickaway, Ross, Richland, Madison, Morrow, Knox, and more.

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Law Offices of Virginia C. Cornwell
408 Emory St
Columbus , OH , 43230
(614) 225-9316
Latitude: 40.00734
Longitude: -82.84535