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koruptified · Aug 25, 2012, 03:33 PM

I reside in Ohio and am curious about how this is going to work regarding changing custody from one parent to another. I don't wish to get into extreme specifics, but the mother of my son has full custody and wants to switch full custody to me while attaining visitation in return. She is doing this because she has another daughter and with how active he is, it's hard for her to have both of them while also going to college and trying to work. I am an active part of his life and have been paying child support, so he knows who I am. He's 3. And I am more than willing to do this. However, in Ohio, the court wants what is obviously in the best interest of the child. If she and I are in mutual agreement about the switch, what would make them still not do this? In both of our opinions, it would be in the best interest of my son to be with me but I don't know if the court would try to say that isn't true and deny the change. Any help would be appreciated.

JudyKayTee · Aug 25, 2012, 03:37 PM

Originally Posted by koruptified

I reside in Ohio and am curious about how this is going to work regarding changing custody from one parent to another. I don't wish to get into extreme specifics, but the mother of my son has full custody and wants to switch full custody to me while attaining visitation in return. She is doing this because she has another daughter and with how active he is, it's hard for her to have both of them while also going to college and trying to work. I am an active part of his life and have been paying child support, so he knows who I am. He's 3. And I am more than willing to do this. However, in Ohio, the court wants what is obviously in the best interest of the child. If she and I are in mutual agreement about the switch, what would make them still not do this? In both of our opinions, it would be in the best interest of my son to be with me but I don't know if the court would try to say that isn't true and deny the change. Any help would be appreciated.

Side agreements - and this is a side agreement are fine unless/until you run into a problem. If you do, the original Order is the only Order and any side agreements are off.

For example - you are ordered to pay child support. You don't, because the child is with you. Two years from now the mother is unhappy and files for back child support. She's going to win.

She wants the child "back" in 2 years. You have been with the child full time, that's not what you want - the Order prevails.

So - retain an Attorney, put it in writing, get it approved and go forward.

I don't mean this in a nasty way but this is a child, not a puppy (not that would be excusable). Run it through the Court.

ScottGem · Aug 25, 2012, 03:54 PM

It sounds to me like you plan on going to court to modify the current custody order. If both parents are in agreement the court should go along. The court may require a home study, but unless something negative comes out, there shouldn't be a problem.

koruptified · Aug 25, 2012, 04:16 PM

@JudyKayTee: I was already planning on going through court, hence the mention of a change in the custody arrangement.

@ScottGem: Yes, I plan on going to court. I'll be filling the change of custody affidavit on Monday after getting it notarized. My biggest concern is what Ohio requires for a change in custody found here (http://www.ohiolegalservices.org/pub...fact-sheet.pdf). She is in full agreement with the change and won't fight it. I just want to make sure that the court won't counter with joint custody with me being the residential parent. Within the next two years I plan on moving to Florida. She knows about this and is fine with it. We've worked out, between us, acceptable visitation if that happens such as her having him for the entire summer and rotating holidays and me even paying half of the transportation costs. I'm also not going after child support. I just want my son.

I don't want to spend the money on a lawyer unless I absolutely have to, so I was just curious what strategy I should use or if it's absolutely necessary that I get one.

ScottGem · Aug 25, 2012, 04:37 PM

Those appear to be more guidelines than requirements. I still don't see a problem. But I wold bring up the planned move.

koruptified · Aug 25, 2012, 04:56 PM

Originally Posted by ScottGem

Those appear to be more guidelines than requirements. I still don't see a problem. But I wold bring up the planned move.

Is that really a good idea? Won't the court want to stop that?

JudyKayTee · Aug 25, 2012, 05:05 PM

Originally Posted by koruptified

Is that really a good idea? Won't the court want to stop that?

And therefore I was of the opinion that you didn't plan to run this past the Court - what if the Court says no?

Fr_Chuck · Aug 25, 2012, 05:25 PM

Yes, no problem there is no reason that the father can not be primary, happens all the time.

Get an attorney, you both sign and agree to modification and file it, The attorney files where she does not object and it is normally just rubber stamped

koruptified · Aug 25, 2012, 05:27 PM

Originally Posted by JudyKayTee

And therefore I was of the opinion that you didn't plan to run this past the Court - what if the Court says no?

The entire change of custody is going to be run by the court. A motion will be filed and we will both go to court. She will agree with the change of custody. The act of moving out of the state, if it does happen, won't be until two years from now. I don't really see the need in making the court aware of that possibility. All that needs to be in the order is that the custodial parent has the right to move out of state.

Unless I'm missing something?

koruptified · Aug 25, 2012, 05:28 PM

Originally Posted by Fr_Chuck

Yes, no problem there is no reason that the father can not be primary, happens all the time.

Get an attorney, you both sign and agree to modification and file it, The attorney files where she does not object and it is normally just rubber stamped

We don't go to court? I thought a hearing was scheduled and we both had to answer questions asked by the judge in order to make sure this is what we both really want?

JudyKayTee · Aug 25, 2012, 05:35 PM

Originally Posted by koruptified

I don't want to spend the money on a lawyer unless I absolutely have to, so I was just curious what strategy I should use or if it's absolutely necessary that I get one.

If you want to avoid any problems, retain an Attorney.

In my area the best interest of the child is the question - is it in the child's best interest to be moved from one parent to another - and then, perhaps, back again?

That will be the Court's question.

And if there will be a move, why not address it now, by Court Order? Read the various threads - this agreed upon issues very often turn out to be NOT so agreed on in a year or two when the child begins to call a "step" mommy or daddy.

AK lawyer · Aug 26, 2012, 07:03 AM

Originally Posted by koruptified

... However, in Ohio, the court wants what is obviously in the best interest of the child. ...
I don't know if the court would try to say that isn't true and deny the change. Any help would be appreciated.

Your agreement should recite in detail why the two of you believe that the change will be in the best interest of the child. The more of that detail included in the agreement the better.