Legal Question in Family Law in Ohio

Change Custody to Shared instead of sole

My 12 year old daughter lives in another state and is moving to OH. Can 2 parents living in diff states have shared custody? She will go to school here, and be with me majority of the year. Will I still have to pay child support to the mother in the other state since my daughter will be living with me for 10 months out of the year? Can this be done easily and relatively cheap?


Asked on 5/07/07, 1:03 pm

1 Answer from Attorneys

David Davies Law Office of David H. Davies

Re: Change Custody to Shared instead of sole

The first question is what state has jurisdiction over this case? Is the current custody order from an Ohio Court? If the original order is from another state, the laws of that state will most likely be used to determine the answer to your questions.

If Ohio is the home state then you should be able to have an agreed shared parenting plan drawn up that could be adopted by the court and would serve as the basis for a modification of any custody order. The issue of child support should be taken care of in the agreed plan. It would be appropriate for the non-residential parent to pay some child support. In your case, you should be entitled to recieve support since the child will be living with you for most of the year. An adjustment for the months with the other parent could be made.

If you and the other parent cannot come to an agreement then it could get expensive to work out. The cost to get this done should be relatively low as long as there is an agreement. In any event, your next step should be to get directly in touch with an attorney. Again, you need to first determine what state has jurisdiction!

Good Luck!

DHD

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Answered on 5/07/07, 3:49 pm


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