Continue with parenting plan?

[gobucks06]

What is the name of your state? Ohio
D12 and S7. I have a custody order for D12: every other week, school district, pretty simple plan. This was about 10 years ago. We got back together about 8 years ago and had S7. We live in another county now and when we got back together we did away with child support. We are now splitting up again. I know I will have to go through custody and establishing a parenting plan again (as well as CS) and I have no issues with that. My question for the group is will S7's parenting plan be identical to D12 as it is still in effect? Basically, will the court likely mirror the original plan established 10 years ago?

 

[Zigner]

If you present a mutually agreed-upon plan to the judge, there really shouldn't be any reason for it to be entered as the order. If you can't mutually agree, then all bets are off and we couldn't even begin to guess. In fact, with the ages of the children, it might not be the wisest thing to have a week-on/week-off plan.

Perhaps you can think outside of the box. Why don't you and mom switch homes each week? That way the kids aren't uprooted 52 times a year.

 

[Ohiogal]

What is the name of your state? Ohio
D12 and S7. I have a custody order for D12: every other week, school district, pretty simple plan. This was about 10 years ago. We got back together about 8 years ago and had S7. We live in another county now and when we got back together we did away with child support. We are now splitting up again. I know I will have to go through custody and establishing a parenting plan again (as well as CS) and I have no issues with that. My question for the group is will S7's parenting plan be identical to D12 as it is still in effect? Basically, will the court likely mirror the original plan established 10 years ago?

As an attorney in Ohio (sorry Zigner), I am going to disagree with Zig. Most likely both children will be on the same plan HOWEVER there is a change in circumstances and either of you can file for a change in the plan for D12 which when filing for a plan for S7 would cause the best interest of both children -- as siblings -- to be considered for one plan. That would happen regardless actually. But without a modification of D12s plan being requested, the same plan would continue with S7 just being added.

And Z, I think you missed that the plan for D12 started about 10 years ago when she was 2 so if it was good enough for a two year old, it would be considered good enough for a 7 year old unless there is something majorly different about the 7 year old.

 

[Zigner]

As an attorney in Ohio (sorry Zigner), I am going to disagree with Zig. Most likely both children will be on the same plan HOWEVER there is a change in circumstances and either of you can file for a change in the plan for D12 which when filing for a plan for S7 would cause the best interest of both children -- as siblings -- to be considered for one plan. That would happen regardless actually. But without a modification of D12s plan being requested, the same plan would continue with S7 just being added.

And Z, I think you missed that the plan for D12 started about 10 years ago when she was 2 so if it was good enough for a two year old, it would be considered good enough for a 7 year old unless there is something majorly different about the 7 year old.

I don't think we're disagreeing here. I wasn't really trying to comment on whether they'd be on the same plan, as it makes sense they would be. I was trying to say that the judge would approve of the plan if they both mutually agreed, and would make a decision if there was a disagreement.

Also, as a note, the parenting plan that was put in place 10 years ago stopped being adhered to 8 years ago when the parents moved back in together.

ETA: I would think that it would be much harder for a 12 yo and an 8 yo to get used to week-on/week-off than for a 2 yo. That's where I was coming from.

 

[adjusterjack]

My question for the group is will S7's parenting plan be identical to D12 as it is still in effect? Basically, will the court likely mirror the original plan established 10 years ago?

I sure as hell hope not. Having S7 and D12 switch homes once a week is just plain nuts. Ask them.

 

[Ohiogal]

I don't think we're disagreeing here. I wasn't really trying to comment on whether they'd be on the same plan, as it makes sense they would be. I was trying to say that the judge would approve of the plan if they both mutually agreed, and would make a decision if there was a disagreement.

Also, as a note, the parenting plan that was put in place 10 years ago stopped being adhered to 8 years ago when the parents moved back in together.

ETA: I would think that it would be much harder for a 12 yo and an 8 yo to get used to week-on/week-off than for a 2 yo. That's where I was coming from.

Sorry. Misunderstood your post. My apologies.

I would say though that until the parenting plan from 10 years ago is changed, it is still in effect. Unless the plan itself says it is not. I do agree if they mutually agreed the judge would approve it and if they didn't agree, the judge would rule. So yeah we do agree. I just read it wrong. My bad.

 

[Ohiogal]

I sure as hell hope not. Having S7 and D12 switch homes once a week is just plain nuts. Ask them.

Happens all the time in Ohio. And interviewing kids, this is what many have told me they have wanted when I was their GAL.

 

[gobucks06]

Thank you all for your input. Personally, I would be willing to keep the kids in one house all the time. I recognize that as being best for the kids. I really can't see Mom agreeing to that but who knows (not married, I own the home)? We now reside 3 hours away from the county we have the original agreement in. Due to no plan for S7 it sounds as if the first step would be to obtain a plan for him (which could be argued would have to be the same as the 10 year old plan for D12 given it has been in place and is technically still in effect). A couple questions assuming I'm on the right track here:

Any CS for D12 would require going back to the original county and modifying that order for CS only, correct? Again, I have no issue with paying CS. If this were to happen, the plan for S7 would be in place and since it's based on the original plan for D12 that plan would be difficult to modify based on S7's plan? Am I tracking this string correctly?

 

[Ohiogal]

Thank you all for your input. Personally, I would be willing to keep the kids in one house all the time. I recognize that as being best for the kids. I really can't see Mom agreeing to that but who knows (not married, I own the home)? We now reside 3 hours away from the county we have the original agreement in. Due to no plan for S7 it sounds as if the first step would be to obtain a plan for him (which could be argued would have to be the same as the 10 year old plan for D12 given it has been in place and is technically still in effect). A couple questions assuming I'm on the right track here:

Any CS for D12 would require going back to the original county and modifying that order for CS only, correct? Again, I have no issue with paying CS. If this were to happen, the plan for S7 would be in place and since it's based on the original plan for D12 that plan would be difficult to modify based on S7's plan? Am I tracking this string correctly?

In what county does mom live? She is the only one with custody of the S7. And her county is where the parentage/allocation action would have to take place.

 

[gobucks06]

We both currently reside in Pickerington County, in the same home.

 

[Zigner]

Were you and mom married at the time that S7 was born? If no, have you been determined to be the legal father of S7 in some other way?

 

[Ohiogal]

Were you and mom married at the time that S7 was born? If no, have you been determined to be the legal father of S7 in some other way?

Even if he is on the AOP, if there are no court orders, he still has to file a parentage action and ask for an allocation of parental rights.

 

[Zigner]

Even if he is on the AOP, if there are no court orders, he still has to file a parentage action and ask for an allocation of parental rights.

That's why I tried to be vague with my second question I knew you'd have better information to pass along if they weren't married when S7 was born.

 

[gobucks06]

We've never been married. I've signed the parental affidavit and my name is on the BC. It won't be an issue to determine via DNA.

 

[Zigner]

We've never been married. I've signed the parental affidavit and my name is on the BC. It won't be an issue to determine via DNA.

Ohiogal is an Ohio family-law attorney. You should listen to what she has to say.