Legal Question in Family Law in Ohio

I live in Ohio, and i'm the father of two sons,ages 10 and 12. They have both expressed that they wish to live with me as opposed to their mother. I find the living conditons at their grandfather's home,where my children reside, to be less than desirable. The grandfather,and my ex's partner,are both heavy alchoholics,and her partner has been cited by my sons as being very verbally abusive,as well as physicaly violent.(not directly to my sons,but throwing things during arguments,maliciously breaking toys,etc.) This,compounded with the fact that they co-exist with the grandfather,their mother and her partner,and their 3 yr daughter, in a 2 bedroom mobile home raises many concerns with me. Myself, on the other hand,live comfortably in a 4 bedroom apt. with my fiance. They stay with me evrey weekend,and i have an exemptlary record with complying with our support and visitation order. They have their own rooms,and thouroghly enjoy the quiet domesticity that they expierience here. As a result and without fail, every Sunday night on the return to their mothers home, are filled with dissapointment and choked back tears coming from my sons. I have a stable, good paying job, so i have no intrest in pursuing support from her,nor do i care about getting mine stopped. I just want my sons in a better environment. Please help me!!!!


Asked on 4/27/11, 10:05 am

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

In Ohio, custody questions between parents are decided upon what is best for the children. A lot of factors go into that, both statutory factors and other factors that in an individual court's discretion may be important in that particular case. Certainly if you can prove that there is violent activity surrounding the children, then that would be a factor in your favor.

Further, if the court determines that it is in the best interests of the children to ask them whom they want to live with, then the Court can do that and use the response to that question as a factor in deciding the issue.

Mechanically, you would need to file a Motion to Modify Custody in the case. You would be best served by contacting a local attorney to help you with that.

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Answered on 4/27/11, 11:02 am


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