Custody Modification Clarification Steps

Summary

In Ohio, modifying child custody typically requires proving a substantial change in circumstances. Exceptions may apply based on specific findings. If a judges order mentions only one child, it might not automatically apply to others. To clarify, contact the court clerk, file a motion for clarification, and consider consulting a family law attorney.

Full Conversation

What if a judge said you didn’t have to prove change of circumstance in a year but only for * of * children living in the same home?
Hello Connie,
Thank you for your question. To provide the most relevant information, could you please let me know your location (state or country)? This will help me understand the specific laws and guidelines that might apply to your situation.
Ohio
Hello Connie,
Thank you for providing your location. In Ohio, changes to child custody or support typically require proving a change in circumstances for the children involved.
- Ohio law generally requires a "substantial change in circumstances" to modify custody orders.
- However, if a judge has made an exception, it might be based on specific findings unique to your case.
Could you provide more details about the judge's order?

Ohio Supreme Court


Phone: (*) *-*
Address: * South Front Street, Columbus, OH *-*
Website: www.supremecourt.ohio.gov
The last case said if I filed for custody within a year I only had to prove best interests and not change of circumstances but have * other children in the same home I filed for custody back as well so should apply to all of them and not just *
Hello Connie,
Thank you for providing more details. In Ohio, the court generally requires a "substantial change in circumstances" to modify child custody orders. However, exceptions can be made based on specific findings in your case. Here are some important points:
- Typically, modifications involve proving a change in circumstances.
- Exceptions might apply if the judge found it in the best interests of the child within a specific timeframe.
- If the judge's order applies to one child, it might not automatically apply to the others unless specified.
Could you provide the exact wording of the judge's order to better understand the exception?
If mother files within a year she only has to prove change of circumstance. If after one year she must prove both
Hello Connie,
Thank you for sharing the exact wording of the judge's order. Here's a summary of the relevant legal information for Ohio:
- **Within one year**: You only need to prove a change of circumstance.
- **After one year**: You must prove both a change of circumstance and that the modification is in the best interest of the child.
Given the specific mention of one child, it might be interpreted that the order is unique to that child. For clarity and to ensure it applies to all children, you may need to seek further clarification from the court.
Name: Ohio Supreme Court
Phone: (*) *-*
Address: * South Front Street, Columbus, OH *-*
Website: www.supremecourt.ohio.gov
Would you like assistance on how to proceed with seeking clarification from the court?
Yes
Certainly, Connie. Here are steps you can take to seek clarification from the court:
*. **Contact the Court Clerk**: Reach out to the court clerk where your case was heard. The clerk can provide information on how to file a motion for clarification.
*. **File a Motion**: Draft and file a motion for clarification regarding the judge's order. Clearly state your questions about whether the order applies to all three children.
*. **Legal Assistance**: Consider consulting with a family law attorney in Ohio who can help you draft and file the motion effectively.

Ohio Supreme Court


Phone: (*) *-*
Address: * South Front Street, Columbus, OH *-*
Website: www.supremecourt.ohio.gov

Would you like more detailed guidance on any of these steps?
Yes
Certainly, Connie. Here is more detailed guidance on each step to seek clarification from the court:
*. **Contact the Court Clerk**:
- Call or visit the court clerk’s office where your case was heard.
- Explain that you need clarification on a judge’s order regarding custody of your children.
- Ask for instructions on how to file a motion for clarification.
*. **File a Motion**:
- Draft a motion for clarification. Clearly state your questions about whether the judge's order applies to all three children.
- Include the case number, judge's name, and specific wording of the order you are questioning.
- Submit the motion to the court clerk and ensure you follow any specific filing procedures or fees.
*. **Legal Assistance**:
- Consult with a family law attorney in Ohio to help you draft the motion accurately.
- An attorney can ensure the motion addresses all necessary points and increase the chances of a favorable outcome.
Would you like information on finding a family law attorney in Ohio?