Legal Question in Family Law in Ohio

My ex-husband and I have had shared parenting for six years, and everything has been very amicable. He now is trying to gain custody of his troubled 17-year-old nephew, who is in a halfway house, and have him live in the same house during his parenting time, with my young children (daughter, 11, son, 9). I do not want the nephew around my children. He has a history of violence and was a victim of sexual abuse in the past. What is my recourse?


Asked on 5/08/12, 6:43 pm

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

In Ohio, you could argue that your ex-husband's bringing the nephew into the home where your children will be having their parenting time constitutes a change in circumstances, thus warranting the court to consider a motion to modify the shared parenting decree. If the court were to find that the nephew's presence is a sufficient change in circumstances, then the court would then consider whether it would e in the best interests of the children to modify the shared parenting decree in a way that would protect the children from the nephew.

The good news here is that if the nephew is already 17, even if your ex gets custody of him tomorrow, it won't be long until he is 18 and that custody arrangement will end. Of course, a lot of kids stay with their parents past the age of 18, so the nephew's reaching the age of majority might not clear up the situation.

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Answered on 5/08/12, 8:19 pm


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