Why does the other parent need to be present in our child custody battle? 1 Answers as of June 29, 2011Hello, I'm currently going thru a custody change with the court. I’m divorced already and have a question. I currently have papers filed, as to where the biological father has signed over parental rights, and they are filed with the court. He did this on his own with his own free will and has since can't be located. Even the court can't locate him. My question is, are those papers (notarized affidavits/statements) binding and why aren't they being considered? Because the court is saying that if he doesn't show up at the court date, they will only grant sole custody since they want to ask him if he's sure.
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I assume you mean sole temporary custody; Stripping a man of his rights to his children is a serious matter. Every good effort must be taken to try to bring the father to court. The papers you have are nice, but probably not binding. When the papers were prepared you should have had them submitted by an attorney to court to settle the issue once and for all. Hire a domestic relations counsel. This is beyond the scope of thee average layman.
Answer Applies to: Ohio