Legal Question in Family Law in Ohio
Change in custody after five years - grounds
I have had legal custody of our two biological children since 1996. Last week, my
ex called, became verbally abusive (we've had an amicable arrangement for the past
four years) and told me he was going to get custody of the kids.
I have no record. No psychiatric care, police record, criminal, drug/alcohol, anything.
Other than some behavioral/school homework problems with our elder daughter,
getting a bit worse this year, nothing has changed. I work full-time, etc.
What has to be proven for me to lose custody? What is the procedure? What
recourse do I have to this action? He is not making an idle threat; he informed
our elder daughter he was ''taking her until she was 18 and probably her sister,
too.''
The only change has been an increase in child support from $540 a month to
$850 approximately, effective August 1, not actually enforced until October.
To me, this is clearly a money matter for him. How do I make the court see this?
2 Answers from Attorneys
Re: Change in custody after five years - grounds
Well, the reason was pretty obvious to you. I suspect it will be pretty obvious to the court as well. I mean after four years and suddenly he wants the kids, "oh and by the way, I almost forgot to mention, my child support just got hiked."
You didn't say how old the children are. But if the older one is a teenager that could be a whole different kettle of fish (although I wouldn't recommend Ohio if you're into seafood).
I say that because teenagers tend to "create facts on the ground" when it comes to custody procedings and if they have been convinced that life with dad is going to be a perpetual Disneyland of adventures in the Enchanted Kingdom, then regardless of the court order, you lose. At least until the novelty wears off and she figures out what a dirt bag the old man is.
This may not be the case with you. But just to warn you about some of the reefs upon which you get marooned.
I would advise you to seek legal in your locality. It would be a good idea to sit down with someone who knows the local judiciary to give you the lowdown on the likely course of events.
Re: Change in custody after five years - grounds
In order to change custody, one has to show a substantial change in position. Merely a change in child support does not constitute such a change. However, once the kids turn 11 or 12 they can have a decision in where to stay. The Court will ultimately look to the best interest of the children. Merely because he makes more money and is able to provide more is not good enough. There is a presumption to keep it the staus quo. Normally, I can not imagine a situation where they would separate the kids.
Good luck, he has a difficult road to hoe.
If you have any further questions you can email me.
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