Legal Question in Family Law in Ohio

I currently live in Ohio. I have been divorced for 3 years and am custodial parent of my 2 children ages 5, 12. We are supposed to have a shared parenting schedule; however, my ex made the decision to move 45 minutes away and cannot take advantage of his decreed parenting time due to distance and he works third shift and is asleep by 5pm everyday. I am originally from Houston, Texas. My family lives there, and my mother is moving to Houston from Ohio next year to retire. She is an integral part of my children's lives and infact spends a significant amount of time with them on a weekly basis. She is my primary support system. I have recently been proposed marriage and my fiance lives in Houston. He is self employed and has full custody of his two young boys. I really want to be in Houston near my family. I do NOT want to discourage a relationship between my children and their father, in fact I would like to modify visitation so that we fly to Ohio every month for 4 days and give him every spring break, extended visitation in the summer and a week between Christmas and New Years. I will financially be able to make the flight with them and will have the availability in my work schedule to do so. Please advise.


Asked on 4/15/13, 12:38 pm

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

In Ohio, when there has been a change of circumstances such that it is no longer in the best interests of the children to keep on with the same divorce decree, then one or both parties should file a motion to modify, stating all of the reasons you put forth above. Then the court would have a hearing on whether or not there has been a change of circumstances and whether or not the proposed changes would be in the best interests of the children. If the court found in the affirmative on both of the above issues, then the court would re write the court order in a way that the court considers best for the children.

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Answered on 4/15/13, 12:51 pm


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