Legal Question in Family Law in Ohio

Vistitation order was issued almost 4 years ago after birth of son. Shortly after son was born i moved 60 miles away. His father is now taking me back to court for a modification of visitation. He says we live too far away (only 100 miles) and is trying to get him the day before and after the holidays, add more holidays. He says I live too far away even though we meet in the middle and every weekend he gets son he takes him all over the state. Over the past I have let him get him whenever he wanted to, I allowed him to make up weekends due to military, and gave him holidays he wasnt supossed to. I am not too sure if judge will grant modification or not? I am not sure what to do. I live in Jackson ohio and order is through clark county ohio. we were never married


Asked on 5/06/12, 8:31 pm

2 Answer from Attorneys
Eric Willison Eric Eastman Willison

I suspect that he may have difficulty establishing proof of a change of circumstances (which the law requires before the court will consider a motion to change the visitation schedule). While it is true that the move took place after the order came out, the intervening 4 years could well still work against him.

Even were the court to find a change in circumstances sufficient to modify the order, the second part of the test to be established is whether the change is in the best interest of the child. The question then becomes why did he wait for 4 years to make this change if it were so clearly in the interest of the child?

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Answered on 5/06/12, 9:12 pm


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