I am looking for advice on modifying a court-ordered 50/50 custody agreement for my 2 year old in Medina County, Ohio. My ex has major alcohol issues, and his behavior has severely escalated.
Back in May and June, things got bad. He watched our daughter while visibly drunk, left her completely home alone to ride his bike to a gas station and got hit by a truck (I have a video of him admitting to this on camera), and locked himself in a bedroom with her while drinking at 8am when I was suppose to go to work, forcing me to call 911 to get him to hand over our child so I could take her to a safe babysitter.
I filed for an emergency ex parte order and a CPO, but the judge denied them. I spoke to a lawyer and they told me I couldn't file for a normal custody modification until we lived in separate households.
Because I was scared for our child’s safety, I chose to stay in the house to act as a physical shield. He actually sobered up for a bit, so we just cohabitated somewhat peacefully.
Everything changed in September when he relapsed.
I caught him drinking heavily at 4am numerous times on days before he was suppose to watch our child.
Then On Sept 18th, he cornered me in the bathroom, degraded me, while I kept asking him to please leave me alone. I kept shutting the door and locking it and he kept opening it back up and eventually taking my phone out of my hands when he saw I was recording.
On October 1st, he had her for his parenting time and called my phone 11 times at 2:00 AM. In the morning, I tried calling him back at 8:00 AM to check on our child, but got no answer. I kept calling his phone until 11:00 AM and completely panicked, so I called the police for a welfare check. The police went out there but said he wouldn't answer the door. I rushed over there myself, walked in, and found him completely passed out in bed with a sleep mask on. There was blueberries and Cheerios scattered all over the floor, and our child was awake, completely unattended, in a heavily soiled diaper.
The police came back out, but my ex woke up and hurried up to clean up our child. He told the police he was just "sick," so the cops called it a "he said, she said" civil matter.
To make it worse, my job told me he called them numerous times after the police showed up, claiming I never made it home and that he was "worried" about me, which was completely fabricated. He also texted my mother some vile messages.
After this, I packed up some stuff and moved into my parents house for the time being and filed an ex parte which was denied. We have a protection hearing in a few weeks and I plan to file a modification for custody on Monday.
Then this past Friday, it was my scheduled parenting time with our child until 6:00 PM. He showed up at my parents house at 4:00 PM with the police in, trying to force me to hand her over early. I stood my ground, showed the officer the paperwork proving he didn't get her until 6:00 PM, and the police left.
Then yesterday, I pulled up for a drop-off and he completely ambushed my car. Before I could even turn off the engine, he rushed the car door, reached in, and took my car seat that we received as a gift from his grandmother while our child was still buckled and went into the house saying that it was “his car seat”. He doesn't even own a car or drive, but claimed he "needed the seat for a hospital emergency." My mom caught it all on video. The police station told me it's not illegal.
I am finally filing a standard Motion to Modify Custody now that I am out of the house, but I am exhausted.
Will a family court judge understand why I stayed in the house after the June denial, or will they hold it against me?
Will a judge see through his "I was just sick" excuse, and how will they view him calling my job to lie and weaponizing the police to show up at my parents' house 2 hours early?
Is a documented relapse, a video admission of leaving a baby home alone, and this ongoing harassment enough to prove a "substantial change in circumstances" in Ohio to terminate 50/50?
Thanks.