Legal Question in Family Law in Ohio

Changing physical custody

I've had sole custody of my son for 12-yrs. Since divorce.

Ex filed for custody. He move from the child's home state since birth 5-yrs ago. Both parents have remarried. 10-yrs for me, and 5-yrs marriage for him. They have no children, i have my older daughter here. Shes married. Child is 14-yrs old. No child abuse, no neglect. Drc ruled for child to move to alabama with father. In findings, she stated no change of circumstances. Child has never lived with father.

Says he doesn't want to choose between parents.

Drc says ''best interest'' she changes him to move from kentucky to alabama. Child's family all lives here, sister, step brother, grandparents, nieces & nephews.

Doesn't there have to be a change of circumstances first.

Well established in community, good in school.


Asked on 3/31/03, 3:21 pm

2 Answers from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Changing physical custody

I don't quite understand your fact situation. I gather that you had custody of your son for several years and then the father moved for custody and the DRC recommended that the son go to live with the father. Yet you sy that the DRC found no change of circumstances. There is a conflict here. If this hearing was in Kentucky, then you normally have 10 days from the time the findings were served to file exceptions (objections) to the findings. The Circuit Judge would hear the exceptions. If you had sole custody pursuant to a court order, and the DRC found that there was no change in circumstances then on what basis was the custody changed? There would be no reason to change the custody order. You then say that the DRC said that it would be in the child's best interest to go to Alabama. If that were the case, then there was a change of circumstance. Are you sure that the DRC did not make a simple typographical error. If your were represented by counsel, follow his/her advice. If you do not have counsel, I advise that you seek a consultation with one so that he can sort your facts out.

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Answered on 3/31/03, 7:31 pm
Martin Kasdan, Jr. Martin Z. Kasdan, Jr., Attorney at Law

Re: Changing physical custody

I read Mr. Owens' reply and concur completely. Your zip code suggests that you may be in the Louisville area where I practice, so if you are unrepresented and wish to discuss my representing you, please feel free to contact me.

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Answered on 3/31/03, 9:02 pm


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