Modify Custody Order Ohio

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Summary

In Ohio, you can file a motion to modify a custody order due to abuse, providing evidence in court. Financial contributions and parenting time can impact child support calculations. Document all financial contributions and concerns about the other parents motives. Child support generally covers basic needs, not toys or extracurricular activities. Driving with any alcohol in your system, especially with a child in the car, can lead to severe penalties. Always consult a local attorney for precise guidance.

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Kelly
Hi Kelly, nice to meet you. I'm here to provide you with some legal assistance. Could you tell me more about the legal issue you're facing?
Cuyahoga county motion to modify custody order due to abuse. Sexual, physical, and emotional.
Hello Kelly, I'm sorry to hear about your situation. Firstly, you should report the abuse to the local police or child protective services. In Ohio, you can file a motion to modify the custody order based on change in circumstances, which includes abuse. You will need to provide evidence of the abuse in court.
I have reported to DSS and want to include other concerns in that motion as well. Should I include that over the course of 4 years the child is 4 years old. That the father has contributed overall roughly $* sporadically and that he told me if I file for child support I’m not going to get much but the bare minimum causes he called and found out how child support is calculated
Hello Kelly, in Ohio, both child support and custody cases take into account the best interests of the child. You can include information about the father's financial contributions in your motion as it can impact the court's decision. However, it's important to consult with a local attorney to make sure your documentation is thorough and accurate.
How do I phrase what I just wrote in the motion
In the motion, you could phrase it like this: "Over a period of 4 years, the respondent has only sporadically contributed a total of approximately $* towards care and maintenance of the child. He has intimated that he intends to contribute only the minimum should a child support order be established. This sporadic and minimal financial support is not in the child's best interest."
What if I feel this is also a reason he is asking for shared parenting because he once told me he knows how child support is calculated
In the motion, you can add: "I believe the respondent's request for shared parenting is motivated, in part, by his understanding of how child support is calculated and his expressed intention to contribute minimally." Always consult with a local attorney for the best advice.
how can I state that he believes the more parenting time he is granted the less he will have to pay
In your motion, you can state: "I suspect the respondent's desire for increased parenting time stems from his belief that this will result in reduced child support payments." Consult a local attorney to ensure your phrasing is legally sound.
And that he doesn’t really care about her wellbeing
In your motion, you could state: "I am concerned that the respondent's primary motivation is not the wellbeing of our child, but his financial obligations." Always consult a local attorney to ensure your statements are legally sound.
Is he right that child support is calculated by parenting time schedule
In Ohio, child support is calculated based on various factors including:
- Each parent's income
- The number of children involved
- The amount of time each parent spends with the children
It's possible that increased parenting time could affect the calculation, but it's not the only factor considered. Consult a local attorney for precise guidance.
So it’s not hard for a magistrate to believe that he feels this way
Indeed, a court may consider this possibility. However, the court's primary concern is the child's best interest. If you can provide evidence that supports your claims, it might influence the magistrate's decision. Always consult with a local attorney for the best advice.
So should I even make that statement about why I think it is one of the reasons he’s asking for shared parenting?
Yes, including your concerns in your motion could be beneficial. It's important to present a complete picture to the court. However, ensure your statements are backed by evidence wherever possible. Consult with a local attorney for precise guidance.
All I have is his word of mouth to me
Hi Kelly, without other forms of evidence, it can be challenging. However, you can still document and present these conversations as part of your case. Do you have any records of these conversations, like texts or emails?
No it was face to face in a heated argument when our child was a newborn prior to his filings for parental rights, and then he said it again about 2 years later when our custody order case was nearing a final judgment
I see, that's a tough situation. However, your testimony is still considered evidence. It's important to be honest and consistent in your statements. Have you discussed this with a local attorney?
So it’s ok to still mention not only the facts of how much he’s paid over 4 years sporadically but why I believe one of his motives are for wanting shared parenting based only on what he told me?
Yes, you can mention these factors in your motion. They paint a picture of the respondent's involvement and intentions. However, remember the court will require evidence. Consult with a local attorney for specific guidance.
My testimony is only evidence here as far as motives but as for financial documents he would have to prove he’s provided anymore than what I mentioned a k e to her wellbeing and he cannot
In your motion, you can indeed present your testimony, which is considered evidence, about his motives. Additionally, his financial contributions can be verified through bank records or receipts. Always consult with a local attorney for precise guidance.
Ok and yes he doesn’t have any to prove more than $* at most
Understood, Kelly. While this might be difficult, it's crucial to present your case as honestly and thoroughly as possible. Have you sought legal representation to help you with this custody modification process?
Is what he spends on the child dhring his visitations with her considered child support?
In Ohio, child support is generally meant to cover basic necessities like food, housing, and clothing, which the noncustodial parent provides to the custodial parent. Money spent during visitation typically isn't considered child support. Consult with a local attorney for specific guidance.
Thank you!
You're welcome, Kelly. I'm glad I could provide some guidance. Please remember, while I can provide general advice, you should consult with a local attorney for specific advice tailored to your situation. Don't hesitate to reach out if you have further questions.
So toys are not considered child support?
No, toys purchased during visitations aren't typically considered child support. Child support usually covers basic needs like food, clothing, and shelter. Consult with a local attorney for tailored advice.
Thank you!
You're welcome, Kelly! I'm here to help with any other questions you may have. Remember, it's always best to consult with a local attorney for advice specific to your situation. Don't hesitate to reach out if you need more information.
Should I note the times he gave me money and what it was for?
Yes, noting the times and reasons for any financial contributions can be helpful. This can provide a clearer picture of his financial involvement. Be sure to consult with a local attorney for precise guidance.
It’s ok if it’s approximate amounts?
Yes, approximate amounts are okay. But strive for accuracy as much as possible. It's also helpful to note what the money was used for. Always consult with your local attorney for precise guidance.
Do soccer fees apply as child support
In Ohio, extracurricular activity fees, like soccer, can be considered part of child support if it's specifically mentioned in the support order. Otherwise, it's generally not considered part of basic child support. Consult a local attorney for precise guidance.
Can you have a drink and drive with your child in the xar
No, it's illegal and unsafe to drink and drive, especially with a child in the car. Depending on your location, you could face severe penalties including fines, license suspension, and even jail time. Always prioritize safety.
One drink
Kelly, could you clarify your question? Are you asking if it's legal to drive after having one drink, especially with a child in the car?
Yes
In Ohio, it's illegal to drive with a Blood Alcohol Content (BAC) of *.*% or more. Even one drink can impair driving ability. If caught driving impaired with a child in the car, you may face additional charges. Always prioritize safety. Consult a local attorney for precise guidance.
What is blood alcohol content with one beer
The Blood Alcohol Content (BAC) after one beer can vary depending on several factors including body weight, metabolism, and the type of beer. However, generally, one standard drink can raise the BAC by about *.*%. Always prioritize safety and don't drink and drive.
So is that illegal
In Ohio, it's illegal to drive with a Blood Alcohol Content (BAC) of *.*% or higher. Even one beer can impair some people's driving ability. Additionally, penalties can be more severe if a child is in the car. Always prioritize safety and don't drink and drive.