Can I get custody back of my daughter if I have a bench warrant? 1 Answers as of January 22, 2011

I lost custody but I have done everything I need to get her back. All I still have to do is go to court but I am scared because I have a bench warrant. This in Ohio.

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Rice & Co., LPA
Rice & Co., LPA | Kollin Rice
A bench warrant in itself will not prevent you from seeking custody, or prevent a court from awarding it. However, the existence of the bench warrant creates the possibility that you could be arrested in the course of your being involved with the legal system. And if the warrant is for an offense that reflects negatively on your ability to care for a child, or is for an offense that carries a possibility that you might be incarcerated, those are also factors a court would consider.

What you should do is first clear the warrant, and, if that case is serious, address that matter first, then pursue your custody case.

The best way to clear a warrant is to hire an attorney, and make sure you have some money set aside for posting any necessary bond, then go with that attorney to court (preferably not on a Friday, to avoid a weekend in jail should it come to that). The attorney will coordinate your appearance before a judge and a setting of bond. If you turn yourself in in this fashion, your chances of being released on your own recognizance or being able to promptly post a reasonable bond are greatly increased.
Answer Applies to: Ohio
Replied: 1/22/2011
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