Legal Question in Family Law in Ohio

I am having some issues with my ex regarding our son. He moved to AZ (I am in OH) and he has our son Christmas Break, Spring Break and most of Summer, I have him all other times. The agreement was he was supposed to pay $300/mo during teh school year. I have only gotten paid twice in 8 months. He is also beginning to say things to my son when my son is there to try to convince my son that he should come to AZ and live. So now I have my son angry with me because I won't let him go there to live. My ex has a very unstable environment which is why I will not consider. Ehat, if anything should/could I do?


Asked on 4/12/13, 11:03 am

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

In Ohio, if a party to a visitation order is not paying in accordance with the court order, then you can bring a contempt of court action against him.

While it is true that once your son reaches a certain age, the court may consider his wishes as one factor in which parent he should be living with, the child's wishes will only be just one factor in the equation. If you can show the court evidence that living with his father would not be as good for your son as living with you, then the court would not be likely to switch the custody arrangement.

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Answered on 4/12/13, 11:39 pm


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