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Child Custody in Ohio - how easily can he change the custody agreement.

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lheiberger

Junior Member
What is the name of your state (only U.S. law)? Ohio

I have been divorced for about 8 years now. When we divorced I got custody of our 2 children who are now ages 13 and 15. He is now wanting to take custody away from me. What are the chances that he will be able to take custody away from me. I have a shoplifting judgement against me which is what he is using to show that my home is not a stable environment. My kids have been with me since the divorce and there has been no other reason for him to use to try to take them away from me.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Ohio

I have been divorced for about 8 years now. When we divorced I got custody of our 2 children who are now ages 13 and 15. He is now wanting to take custody away from me. What are the chances that he will be able to take custody away from me. I have a shoplifting judgement against me which is what he is using to show that my home is not a stable environment. My kids have been with me since the divorce and there has been no other reason for him to use to try to take them away from me.


He's not going to get custody changed based upon a single shoplifting episode.

He'll need FAR more than that.

Out of sheer curiosity, have you recently filed to modify child support? Has he recently remarried or become involved with someone else?
 
Do you have sole custody or joint custody with Dad? What kind of visitation does he have with the kids? Is this his first attempt at getting custody or have there been others? If so, what reasons has he used?
 

lheiberger

Junior Member
I have sole custody of the kids. He remarried about 2 years ago. He has visitation every other weekend. This is his first attempt at trying to get custody.
 
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Yeah, I don't see him getting very far either. Unless there is more to the story, like you're a serial shoplifter that is on her way to prison or something...
 
Heck, even if she's a serial shoplifter I don't think it would matter. My ex had multiple arrests for drugs and it still took him deciding he was "done" in order for me to gain custody.
 

Proserpina

Senior Member
Heck, even if she's a serial shoplifter I don't think it would matter. My ex had multiple arrests for drugs and it still took him deciding he was "done" in order for me to gain custody.


It would matter if Mom was heading off to three hots and a cot for an extended period.

;)
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Ohio

I have been divorced for about 8 years now. When we divorced I got custody of our 2 children who are now ages 13 and 15. He is now wanting to take custody away from me. What are the chances that he will be able to take custody away from me. I have a shoplifting judgement against me which is what he is using to show that my home is not a stable environment. My kids have been with me since the divorce and there has been no other reason for him to use to try to take them away from me.
When was the shoplifting incident? Of what were you convicted? Were the children with you? Do the children WANT to live with him? How are the children's grades?
 

mistoffolees

Senior Member
When was the shoplifting incident? Of what were you convicted? Were the children with you? Do the children WANT to live with him? How are the children's grades?
And if the children WANT to live with him, why? If there's a good, mature reason (better schools, etc), then it might be to everyone's advantage for you to sit down with Dad and arrange a change of living arrangements. OTOH, if it's simply "Dad lets us stay out as late as we want", then I'd be more willing to fight it.
 

Ohiogal

Queen Bee
And if the children WANT to live with him, why? If there's a good, mature reason (better schools, etc), then it might be to everyone's advantage for you to sit down with Dad and arrange a change of living arrangements. OTOH, if it's simply "Dad lets us stay out as late as we want", then I'd be more willing to fight it.
For a MINUTE I thought you were asking me why it matters. In Ohio, it matters. Simply aging CAN be a substantial change in circumstance in order to get to a best interest determination. Why? Because the children are in a different place developmentally and the children's needs have changed over time.
 
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Isis1

Senior Member
For a MINUTE I thought you were asking me why it matters. In Ohio, it matters. Simply aging CAN be a substantial change in circumstance in order to get to a best interest determination. Why? Because the children are in a different palce developmentally and there needs have changed over time.
you having a second serving of turkey over there?? :p
 

mistoffolees

Senior Member
For a MINUTE I thought you were asking me why it matters. In Ohio, it matters. Simply aging CAN be a substantial change in circumstance in order to get to a best interest determination. Why? Because the children are in a different palce developmentally and there needs have changed over time.
No, I wasn't asking you why it matters. I was asking OP to explain why the kids want to be with Dad if they really do.

At 13 and 15, the judge is likely to listen to what they have to say. But the judge will pay a lot more attention if they have good, mature reasons for wanting to switch rather than wanting to stay with a Disneyland Dad.
 

LdiJ

Senior Member
No, I wasn't asking you why it matters. I was asking OP to explain why the kids want to be with Dad if they really do.

At 13 and 15, the judge is likely to listen to what they have to say. But the judge will pay a lot more attention if they have good, mature reasons for wanting to switch rather than wanting to stay with a Disneyland Dad.
I would say "more likely to listen to what they have to say" rather than simply "likely"...and its more likely going to be via the services of a GAL rather than directly with the judge.

However, its still not a slam dunk for a custody change at this point.
 

Ohiogal

Queen Bee
I would say "more likely to listen to what they have to say" rather than simply "likely"...and its more likely going to be via the services of a GAL rather than directly with the judge.

However, its still not a slam dunk for a custody change at this point.
Depends. I had a judge tell me and opposing counsel this week that because the kids are all teens that she would prefer an in camera BEFORE appointing a GAL.

Oh and it is NOT a slam dunk for a custody change. I am interested however in the answers to my questions. I asked them for a reason.
 

LdiJ

Senior Member
Depends. I had a judge tell me and opposing counsel this week that because the kids are all teens that she would prefer an in camera BEFORE appointing a GAL.

Oh and it is NOT a slam dunk for a custody change. I am interested however in the answers to my questions. I asked them for a reason.
Judges here do a lot of in cameras as well. Its really pretty common. However it did not appear to me to be common elsewhere.
 

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