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[OH] What is the process for modifying a 50/50 child custody arrangement when teenage children want to live with one parent full time?
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I'm located in Ohio. I have 50% custody of my two children with my ex-spouse. My children are 13 and 15. They have been thinking about moving in with me full time but just told me this past weekend that they want to go through with it. They want to move in with me full time and only go to their mother's every other weekend. We currently have 50/50 custody, they stay at each house for a week at a time and switch on Fridays. What I'm wondering is what the process would look like for me to file for more custody or full custody for them to be able to do what they want to do, which is move in with me, legally. I don't have a lawyer yet. I'm wondering how much this would cost me and how long it would take. They're hoping to try to get it settled before the school year because they don't want to have to switch houses during the school year, although I told them that may not be possible. Any help is appreciated.
Where are you located? It matters because laws vary by location.
Ohio.
Has anything been filed or reported?
No, nothing has currently been reported or filed.
Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with your custody modification.
I am already the residential parent because my ex-spouse's address has changed so many times in the 8 years since our divorce, and mine has never changed. The children do not have their own bedrooms at their mother's house, and she lives with her partner. She lives outside of the school zone we are zoned to, so on their weeks there is a lot of back and forth because they still have to get on and off the bus at our house. The children have expressed many reasons for their decision and they came to me on their own. None of this is anything I have suggested, so I'm very uneducated on the process.
Good day and welcome. Please give me a moment to review your question. I do not provide representation and no attorney-client relationship is formed. My answers and comments should not be considered legal advice. It is always best to hire a local attorney to review the specifics of your particular case to ensure that a proper review is conducted.
Any other recent developments?
I think I've included everything.
In Ohio, a court may modify an existing custody or parenting time order if there has been a substantial change in circumstances and the requested modification is in the children's best interests. This standard is set out in (OH Rev Code § 3109.04), which governs the allocation of parental rights and responsibilities, and the modification of prior custody and parenting time orders. The fact that your children are now 13 and 15 means their preferences may be given greater consideration by the court, although their wishes are not controlling. Other factors you mentioned, such as your status as the residential parent for school purposes, your ex-spouse's frequent moves, transportation issues, and the children's stated reasons for wanting to reside primarily with you, may also be relevant to the court's best interest analysis.
The process generally begins by filing a motion to modify the existing custody or parenting time order in the court that issued the current order. If the children's other parent agrees to the proposed arrangement, the matter may be resolved much more quickly through an agreed modification. If she contests the request, the court may appoint a guardian ad litem or interview the children in chambers before making a decision, and the case could take several months depending on the court's schedule. Filing costs are typically limited to the court's filing fee if you proceed without an attorney, while attorney's fees vary depending on the complexity of the case and whether the modification is contested.
Does that make sense?
It does make sense and I think I knew a lot of that just from researching. Is it in my best interest to hire a lawyer for this, or would you suggest maybe starting without one and acquiring one if needed? To be honest, something like this wasn't really something I was prepared for, budget wise.
The problem is, once the process has started, meaning a motion is filed, the children have said they don't want to live with their mother while the case is being decided because they fear she will treat them badly.
If the children's other parent agrees to the modification, you may be able to proceed without an attorney, but if she contests the request, particularly where the children are expressing concerns about living with her, having legal representation can be very beneficial if your budget allows. If the children genuinely fear retaliation while the case is pending, you can discuss with the court whether temporary parenting arrangements are appropriate, but you should avoid unilaterally withholding parenting time without a court order unless there is an immediate concern for the children's safety.
And you're vey welcome.
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