Legal Question in Family Law in Ohio

On Oct. 28th, 2010, I went out drinking with my friend. Well, not getting a lot of sleep, I still tried to go to work the next morning, and on my way, I caused a head on collision, almost killing myself, as well as 3 other people. This I do worry about, but not my reasoning for writing this. I have been divorced for almost 3 years now, and have 3 children, whom I love dearly. As terms of our divorce decree, I came out with a pretty fair shared parenting plan, getting them every Thurs. Thurs. - Monday as my long weekend, and Thurs. - Sat. As my short weekend. This I stayed true to, never missing a beat. Now that this has happened, my ex-wife has taken me back to court to have shared parenting terminated, mainly because I was intoxicated at the time of the accident, and the fact that I am now disabled. Yet, with that being said, I have had a way to pick them up every weekend, and even have help to care for them, mainly to help fix their meals, other than that, they are more than capable to care for themselves. They are 8,7, and 6 years old. So, at this point, I now only get my children one weekend out of the month. So my question to you is, how is this even fair or just? Those children love me with all their hearts, and I know this is killing them, cause it sure enough is killing me!


Asked on 5/06/11, 10:25 pm

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

In Ohio, courts are going to do what they feel are in the best interests of the children. I assume that there was some sort of hearing wherein the issue of terminating the shared parenting agreement was argued. Apparently the court did not accept your argument that the crash and the violation of law did not outweigh the negative effect that the reduced visitation would have on the children.

Perhaps as time goes by and the criminal case is resolved and you can show no repeat occurrences and if you can better show evidence of the negative effects that the reduced visitation is having upon the children, then this may be sufficient change in circumstances to get more visitation.

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Answered on 5/08/11, 5:07 am


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