Legal Question in Family Law in Ohio
Best Way to Handle Seeking a Change in Custody
My husband has a 13 year old son from a previous marriage; he has visitation rights, but his ex is the residential custodial parent (we live in CA/they're in OH). We have never had any major issues or problems until this past year. We noticed some strange behavior in his ex during a visit in Feb and recieved a phone call from her father in June, indicating that she is ''spiraling out of control''. He inidcated that she is definitely abusing alcohol(possibly drugs as well), is living with a man who is doing the same(who may have a prior for domestic violence and may or may not be barred from seeing his own children). Formerly an excellent student, it appears that my stepson's grades have dropped this year as well. We had been considering asking the ex for a temporary change in custody this year anyway, as we are expecting a baby and think this would be a great opportunity for everyone to bond. Now it seems imperative. My question is how to best approach this. I assume we will need a lawyer in OH, but should we also hire an investigator to determine what IS actually going on in the home? Or would it better to start by asking for a temporary change as planned? We want to get his son out of that situation without alienating him.
1 Answer from Attorneys
Re: Best Way to Handle Seeking a Change in Custody
The question as this time is whether you have sufficient evidence to prove that it is in the best interest of your stepson to live with his father rather than his mother at this time. Evidence includes his school performance, his home environment, and also what he offers as testimony. Also his mother may agree to this under certain nonthreatening conditions that might avoid a court battle. You do need to consult an attorney.
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