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Can I file quickly to be the custodial parent?

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  • Can I file quickly to be the custodial parent?

    A little over a year ago I had shared parenting for my son with his mom. He was doing very poorly with behavior and grades at school. Her lawyer modified our agreement a year ago to make me the residential parent. We still have shared parenting, but I instead of me having him every other week, I have him all the time and she has the standard order of visitation.
    She does not fulfill her shared parenting obligations by helping with decisions to raise our son. Recently she has refused to take him during her parenting time. His behavior and grades have improved dramatically in the year I have had him.
    Can I file, rather quickly, to be the custodial parent. The support she pays is less than half of what the state of Ohio calculations would be because she verbally agreed to keep same level of help with items like cloths and large purchases like paying half of drivers ed, which she has refused to do. Can I have this looked at as well?

  • #2
    re: Can I file quickly to be the custodial parent?

    I wish to inform you that you may file a motion for modification of child custody. As other parent have refused to take child during parenting time and further does not properly perform shared parenting obligations hence you may request court for immediate change in custody because best interest of child may get affected if one parent will stop keeping child. You may further demand full child support as per law.

    AFF

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    • #3
      re: Can I file quickly to be the custodial parent?

      Originally posted by Jimw1217 View Post
      A little over a year ago I had shared parenting for my son with his mom. He was doing very poorly with behavior and grades at school. Her lawyer modified our agreement a year ago to make me the residential parent. We still have shared parenting, but I instead of me having him every other week, I have him all the time and she has the standard order of visitation.
      She does not fulfill her shared parenting obligations by helping with decisions to raise our son. Recently she has refused to take him during her parenting time. His behavior and grades have improved dramatically in the year I have had him.
      Can I file, rather quickly, to be the custodial parent. The support she pays is less than half of what the state of Ohio calculations would be because she verbally agreed to keep same level of help with items like cloths and large purchases like paying half of drivers ed, which she has refused to do. Can I have this looked at as well?
      Yes, you can file for modification of the agreement, for full custody. Since you have residency and have had it for some time, the child is doing better under your care, the odds of it being awarded are good.

      With the petition for full custody and residency with you, support will be calculated per Ohio guidelines. The way to get support modified as well is to petition for it in your motion. Better to have a sum certain than deal with items as they come up. That Is the purpose of support guidelines. Clothes are part of the calculation.

      Visitation will also have to be considered, as well. My recommendation is that you consult with a family law attorney to have your motion well prepared to present to the court.

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      • #4
        Re: Can I file quickly to be the custodial parent?

        Thank you for your responses. I am going to go see an attorney to work on this.
        I went to an attorney before, and he told me I was wasting my time because I already basically have (full custody) what I will be asking for.
        But it does not seem right that we have shared parenting and she does nothing.
        He also did not think child support would be changed.
        But, even if it is not, that's ok, because my son was on a downhill slope and in a years time (it's been a year since he just lives with me) he is now off that slope and is doing good.

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        • #5
          Re: Can I file quickly to be the custodial parent?

          If custody has always been an agreement between the two of you then you must file a petition for custody, visitation, and child support in the Court. The fact that you have been the child's primary caregiver should weigh in your favor. However, if there is already a court order then you must immediately hire an attorney for modification of the previous order. You may be able to get emergency custody but it is very case specific and there are certain requirements.

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