Legal Question in Family Law in Ohio

I would like to file for a "A Motion to Modify Visitation" We are divorced, we have court ordered visitation consisting of every other weekend and holiday. I don't want to be in contempt of court, and I believe this situation to be unsuitable for my children. Reasons:

a "substantial change in circumstances"

non custodial parent has changed residence to to peruse a relationship with: another woman

I have discovered something about the non-custodial parent or a household member that makes the visit unsafe for the children:

Woman has been found guilty of a 3rd degree felony September 28, 2005 Case No. 2005AP0110004 Illegal Manufacture of Drugs or Cultivation of Marijuana. 2600grams found in her basement, �she admitted she was growing large quantities of marijuana in her home as part of a scheme with her boyfriend�. Total Combined amount involved in this scheme was exceeding 5000 grams (11 pounds)

Stability Of Childs Environment / Concern for what the children may be exposed to:

I have an 8 year old impressionable daughter. Her occupation is known as an exotic dancer as documented by the courts 05-05-2005 when she petitioned the courts to modify her non residential sanction #6 �so she could continue employment as a dancer.�

She will be attending court in Barberton Ohio 1-28-2010 for DUS

ex husband and this woman have had a long lasting �on-again/ off- again� relationship since 1996. All of their break-ups ended badly. In the event of a break-up in 1998, they were involved in a domestic dispute 08-18-1998. As a result John fired a gun, and was later charged with Weapons While Intoxicated Case No. 9809927/1.

I also have written documentation from a family member of ex husband where he states he can not restrain from using marijuana. In addition she has admitted to watching him �pack two bowls� before he would leave with her.

What are my options?


Asked on 1/20/10, 9:12 am

1 Answer from Attorneys
Edward DiCato Edward DiCato Attorney at Law

It certainly sounds like you have verifiable grounds to cut off or limit visitation, say to supervised visitation. A motion is the way to persue this. Please feel free to contact me if you have further questions. Edward diCato

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Answered on 1/25/10, 1:44 pm


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