Dayton, OH asked in Family Law and Child Custody for Ohio

Q: How to change custody order child been staying with non custodial parent for at least a year age 13

Points child wants to stay with non custodial

Custodial not providing correct school in wrong district

Custodial sometimes has no electricity or water

Custodial refuses to give care insurance card to get child care needed

Custodial has right for schooling

Custodial trouble with truency officer /not way to get child to school

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1 Lawyer Answer
Raquel Ann Parish
Raquel Ann Parish
Answered
  • Divorce Lawyer
  • Delaware, OH
  • Licensed in Ohio

A: When parties need updated court orders concerning child custody in Ohio they can file a Motion for Change of Parental Rights and Responsibilities in the same case where there is already a court order. There are some forms available online from the Ohio Supreme Court which can be found at this link:

https://www.supremecourt.ohio.gov/JCS/CFC/DRForms/parentalRightChange.asp

Ohio Revised Code 3109.04 explains the legal standard for the changing residential parent including that the court can modify a prior decree allocating parental rights and responsibilities for the care of children if it finds, based on facts that have arisen since the prior decree or that were unknown to the court at the time of the prior decree, that a change has occurred in the circumstances of the child, the child's residential parent, or either of the parents subject to a shared parenting decree, and that the modification is necessary to serve the best interest of the child.

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