Legal Question in Family Law in Ohio
Change of custody of 11yr. old
My son is in 5th. grade and is doing poorly in school. His behavior is very different when he arrives at my home but as the weekend goes on he becomes more family oriented My ex will not allow him to bring homework home.She wants him to do it at school and because of this he hasn't been turning in a lot of it. . His grades are still falling.My ex also talks badly about myself and his stepmother in front of him My ex frequently changes boyfriends and many of her boyfriends have lived in the home with my son. My ex has been beaten in front of my son and there is a police report to document this. Often when her boyfriends move out they shut off the ultilities and she is with out a phone, gas or whatever. I have been unable to contact my son over the phone, for several days, because of these incidences. I would like to change the visitation or get full custody of my son.
Do I have a chance in court to see a change in custody or visitation? What would I need to do
or get that would help me in court?
1 Answer from Attorneys
Re: Change of custody of 11yr. old
A lot depends on how bad the situation is in the home and what can be proven. There are two ways to do this. 1. You could file a motion in the domestic relations court for a change of custody and/or visitation 2. You could file an abuse/neglect report with the local Children Services Bd. If there is ongoing violence in the home a juvenile court will frequently view this as sufficient to remove a child, especially if another parent is available. I would talk to an attorney in your area to feel out the merits of going with one or another of these options. One caveat though. Abuse/Neglect/Dependency cases are processed by counsel for the agency (usually the local prosecutor). that means that you don't have as much control and a private attorney may be less likely to recommend a course of action which reduces his/her role (translate fee).
Jonathan Schiff
Self employed
605 Rose Hill Ave
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