Legal Question in Family Law in Ohio
My son's father recently filed for sole custody for school purposes, after I filed for child support. He only wants sole custody to get out of child support. He has been in my son's life consistently but I recently denied him due to death threats. I have 2 police reports filed within 3 months against him. He slanders me on twitter, IG, and to others. He has his own business, makes more $ than me and has 2 other illegitamate kids. He said he's going to use text messages and the fact that I tried to commit suicide (before I met him) against me to show I'm unfit. I want him to have the bare minimum because while he's a okay dad, he's a showoff dad, takes pictures and drops him off to his other kids mom. Does he have any chance in getting full custody?
1 Answer from Attorneys
In Ohio, courts determine which party should be the custodian of the children by examining the best interest of the children. Once that determination has been made by the court at the end of the divorce proceeding, the court will not re open the case to re-examine that issue unless there has been a significant change in the circumstances.
Thus if the only reason he is trying to get custody changed over is because of what happened years ago, that would not constitute a change in circumstances justifying the court's consideration of the issue.
If the court has not yet made a final determination in the divorce as to who should get custody, then the court can weigh what you did years back, but the court will consider other factors. As for your chances to end up with sole custody, I gave up trying to predict what a judge is going to do years ago. I just tell people how the courts analyze the issues.
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