Legal Question in Family Law in Ohio

A divorced non-residential parent attempting to gain shared or residential custo

Can a parent who did not at the time of the divorce want or seek any more than the minimal custody granted by the state, now try for either shared or to become the residential parent? If so what would be the basis that they could file & win such a suit. The non-residential parent has decided that if they were to get custody that with the child support they would receive that they would no longer have to work. The non-residential parent has lived in 3 different homes in the last year. They also have had their electric & phone disconnected on several occasions. They are at present being evicted from their last residence due to non payment of rent. Neither party has a job that is stable. They have discussed this with the children & say that they want to go live with them. They can't keep a roof over their heads much less feed, clothe & take care of 4 kids. The kids ages are 6,8,9, & 10. Can they possibly do this?


Asked on 11/27/00, 10:07 pm

1 Answer from Attorneys
Rick Sommer Law Offices of Rick J. Sommer

Re: A divorced non-residential parent attempting to gain shared or residential c

The non-residential parent will have to file with the court requesting such a change. The court will determine if there has been a sufficient change in circumstance to justify a change in the current custody arrangement. The best interest of the children is supposed to be the focus of the court's decision. If such an action is filed, you would be wise to hire counsel to represent you.

NOTE: this message is for general information only, and does not create an attorney-client relationship.

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Answered on 11/29/00, 8:48 pm


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