Legal Question in Family Law in Ohio

Father seeking full custody of son

I have a shared parenting agreement with my ex wife. We joint custody of our son. A large part of the agreement, is maintaining the ability to co-parent in the best interest of our son. Recently I filed a restraining order against my ex wife. She was sending death threats to me and my home. I was granted my order for the next 5 years. Obviously we cannot co-parent with this order in place. Aside from all of the other areas I believe my ex-wife lacks in, I was never inclined to file for full custody until the death threats and the things I can see it is doing to our son. Since I have a restraining order against her, does that improve my odds for getting full custody and what steps would you recommend I take to obtain custody?


Asked on 2/26/09, 10:22 pm

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Father seeking full custody of son

Changing custody requires filing a motion with the court to do so. There have to be very sound reasons for this. The standard that that court uses is "a change in circumstances." The court doesn't take changing custody lightly as it is discruptive for the children. I suggest you consult with an attorney who can help build a proper case.

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Answered on 2/27/09, 9:07 am


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