What Change of Circumstances is Necessary to Modify a Custody Order
My question involves a child custody case from the State of: Ohio
My husband has shared parenting, which is Ohio's version of join legal. This was agreed on.
My husband was asking for 50/50 parenting time and Mom would not agree to any offers between 50/50 and standard. The judge gave my husband standard plus 2 more overnights a month.
My husband wants to request a modification of parenting time to try to get his court ordered parenting time expanded.
My question is: In Ohio does a parenting time modification request require the same kind of change in circumstance as a request to modify custody?
Thank You
Re: What Change of Circumstances if Necessary to Modify a Custody Order
Quote:
Quoting
Kangaroo
My question involves a child custody case from the State of: Ohio
My husband has shared parenting, which is Ohio's version of join legal. This was agreed on.
My husband was asking for 50/50 parenting time and Mom would not agree to any offers between 50/50 and standard. The judge gave my husband standard plus 2 more overnights a month.
My husband wants to request a modification of parenting time to try to get his court ordered parenting time expanded.
My question is: In Ohio does a parenting time modification request require the same kind of change in circumstance as a request to modify custody?
Thank You
Wrong. Shared parenting is NOT Ohio's version of joint legal. The shared parenting plan would state what kind of custody he does have. What changes in circumstance have taken place?
Re: What Change of Circumstances if Necessary to Modify a Custody Order
"By agreement of the parties, both Mother and Father are the residential parent of the minor child."
"Mother is the residential parent for school purposes."
My husband's child is older and in school now. My husband is very involved in his schooling and does his weekly homework with him every week. Mom is very discouraging on Dad being involved in school and Dad wants more time during the school week to help with homework and help support his child's education.
There hasn't been any other change of circumstances.
Re: What Change of Circumstances if Necessary to Modify a Custody Order
Quote:
Quoting
Kangaroo
"By agreement of the parties, both Mother and Father are the residential parent of the minor child."
"Mother is the residential parent for school purposes."
My husband's child is older and in school now. My husband is very involved in his schooling and does his weekly homework with him every week. Mom is very discouraging on Dad being involved in school and Dad wants more time during the school week to help with homework and help support his child's education.
There hasn't been any other change of circumstances.
Why hasn't dad been involved with school as statute allows? He could go to the school, get access to any school websites and what not. Has he done any of that? Has he volunteered as room dad? Has he had parent teacher conferences? How far does dad live from the school? What does the shared parenting plan state about the legal custodian of the child? is there a restraining order in place?
There doesn't seem to have actually been a change in circumstances that call for a time change.
Re: What Change of Circumstances if Necessary to Modify a Custody Order
My husband is very involved with school. He's gone to every school event and he joined the PTA. He emails back and forth with the teacher and she has sent the progress report and report card to him and updates him.
My husband would like one more day when he can pick up his child from school and have him till bedtime or till school the next morning. He's asked Mom for this and she let him twice but now says no. The child is in daycare till 7pm at least two days a week and dad wants one of those days.
We live 30 minutes from the school. There is no restraining order.
My husband does everything he can for his child. He's a good Dad.
In the court order there is nothing about "legal custodian" it says they agree to shared parenting and they are both residential.
My question was if the request is only to change parenting time and not to change custody... Is the burden to show a change of circumstances the same or less?
I do understand there is no change of circumstances that would allow a custody change and that's ok because that's not what my husband wants.
Re: What Change of Circumstances if Necessary to Modify a Custody Order
Quote:
Quoting
Kangaroo
My husband is very involved with school. He's gone to every school event and he joined the PTA. He emails back and forth with the teacher and she has sent the progress report and report card to him and updates him.
My husband would like one more day when he can pick up his child from school and have him till bedtime or till school the next morning. He's asked Mom for this and she let him twice but now says no. The child is in daycare till 7pm at least two days a week and dad wants one of those days.
We live 30 minutes from the school. There is no restraining order.
My husband does everything he can for his child. He's a good Dad.
In the court order there is nothing about "legal custodian" it says they agree to shared parenting and they are both residential.
My question was if the request is only to change parenting time and not to change custody... Is the burden to show a change of circumstances the same or less?
I do understand there is no change of circumstances that would allow a custody change and that's ok because that's not what my husband wants.
Truthfully he should be the one posting. And the burden is less to change time. But that doesn't mean it will happen. Why can't he post about his issues and ask his questions?
Re: What Change of Circumstances if Necessary to Modify a Custody Order
He can. I will suggest he make an account.
Re: What Change of Circumstances if Necessary to Modify a Custody Order
Quote:
Quoting
Kangaroo
He can. I will suggest he make an account.
Thank you and just have him post to this thread with any of his questions.
Re: What Change of Circumstances if Necessary to Modify a Custody Order
Quote:
Quoting
Kangaroo
"By agreement of the parties, both Mother and Father are the residential parent of the minor child."
"Mother is the residential parent for school purposes."
My husband's child is older and in school now. My husband is very involved in his schooling and does his weekly homework with him every week. Mom is very discouraging on Dad being involved in school and Dad wants more time during the school week to help with homework and help support his child's education.
There hasn't been any other change of circumstances.
Dad was already turned down for a 50/50 timeshare. If that is what dad is still aiming for its unlikely to happen. However, getting the child from after school until 7PM could happen.
Re: What Change of Circumstances if Necessary to Modify a Custody Order
Depends on why he was turned down for a 50/50 timeshare.