New York, NY asked in Child Custody for Ohio

Q: How can a mother revoke custody to a father? What proof would they need for it to be granted?

A man has custody every other weekend. No infractions. No drug abuse. No alcohol abuse. No child abuse. He pays child support on time along with alimony. The ex is telling the court she wants it revoked using child testimony. Most likely a threat. Just would like to know what she'd need for it to happen.

Related Topics:
1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Divorce Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: Mother cannot do that if there is a custody order from a court. Only a court can make a change like that, and only after the court reviews evidence of the family situation. Mother would have to provide evidence and testimony about father to prove to the court that it is not in the best interest of the child to have contact with father. A court might or might not consider the testimony of a child to be persuasive. Every situation is different. There is no way to predict the outcome of what a court might decide. Father should use the Find a Lawyer tab to consult a local family law attorney to review all the facts and discuss options.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.