What to do if I was coerced into giving custody of my children to my ex husband?
Full Question:
Answer:
I am unable to find case law involving these circumstances and revocation of a custody order. I'm unsure what you mean by someone else picking up the protection order, but generally the request for such an order must be made by the person in need of protection or their legal representative. Modification of custody may be made when a party demonstrates a significant change in circumstances. Generally, custody is not revoked as a means of punishment to the parent, but is based upon the best interests of the child.
Factors the court will consider in determining the best interests of the child include: 1. The wishes of the child's parents 2. The wishes of the child 3. The child's interaction and interrelationship with parents, siblings and any other person who may significantly affect the child's best interest 4. The child's adjustment to home, school and community 5. The mental and physical health of all involved 6. Which parent is more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights 7. Whether either parent has failed to make all child support payments, including arrearages 8. Whether either parent has been convicted of a criminal offense which resulted in the child being an abused or neglected child 9. Whether the residential parent has continuously and willfully denied the other parent's right to parenting time in accordance with a court order 10. Whether either parent has established a residence or is planning to establish a residence outside of the State of Ohio.
The following is an Ohio statute:
2905.12 Coercion.
(A) No person, with purpose to coerce another into taking or refraining from action concerning which the other person has a legal freedom of choice, shall do any of the following:
(1) Threaten to commit any offense;
(2) Utter or threaten any calumny against any person;
(3) Expose or threaten to expose any matter tending to subject any person to hatred, contempt, or ridicule, to damage any person’s personal or business repute, or to impair any person’s credit;
(4) Institute or threaten criminal proceedings against any person;
(5) Take, withhold, or threaten to take or withhold official action, or cause or threaten to cause official action to be taken or withheld.
(B) Divisions (A)(4) and (5) of this section shall not be construed to prohibit a prosecutor or court from doing any of the following in good faith and in the interests of justice:
(1) Offering or agreeing to grant, or granting immunity from prosecution pursuant to section 2945.44 of the Revised Code;
(2) In return for a plea of guilty to one or more offenses charged or to one or more other or lesser offenses, or in return for the testimony of the accused in a case to which the accused is not a party, offering or agreeing to dismiss, or dismissing one or more charges pending against an accused, or offering or agreeing to impose, or imposing a certain sentence or modification of sentence;
(3) Imposing a community control sanction on certain conditions, including without limitation requiring the offender to make restitution or redress to the victim of the offense.
(C) It is an affirmative defense to a charge under division (A)(3), (4), or (5) of this section that the actor’s conduct was a reasonable response to the circumstances that occasioned it, and that the actor’s purpose was limited to any of the following:
(1) Compelling another to refrain from misconduct or to desist from further misconduct;
(2) Preventing or redressing a wrong or injustice;
(3) Preventing another from taking action for which the actor reasonably believed the other person to be disqualified;
(4) Compelling another to take action that the actor reasonably believed the other person to be under a duty to take.
(D) Whoever violates this section is guilty of coercion, a misdemeanor of the second degree.
(E) As used in this section:
(1) “Threat” includes a direct threat and a threat by innuendo.
(2) “Community control sanction” has the same meaning as in section 2929.01 of the Revised Code.
Effective Date: 01-01-2004
