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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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In Ohio. What has to be done to reopen a child custody case

Customer Question

In Ohio. What has to be done to reopen a child custody case of a 6 year old. My ex and agreed that I would have full custody. He's already threatening me to going back to court to prove I can't provide for our son with school and activities. It has only been 6 months
Submitted: 2 years ago.
Category: Family Law
Expert:  LawTalk replied 2 years ago.
Good evening,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
While there is nothing to prevent your ex from petitioning the court for a modification of child custody---the court will not grant a change simply because you allegedly cannot provide for your son with school and activities.
Also, the court will not be pleased with him asking for a change after just 6 months.
I see little chance at all that the court will do anything on response to this ridiculous charge by your ex. If you are not abusing your child and are not abusing drugs or alcohol, the court is not going to order a change at this tome.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you so that I can be compensated for helping you.
I wish you and yours the best in 2015,
Doug
Customer: replied 2 years ago.
Thank you. Can you tell me what a typical time line is for the courts to review a case and what is required to reopen a case? Like change of circumstance? I get all that confused. I had a 4 year custody battle until finally the Judge told my ex he would get no visitation unless he agreed to my proposal. My ex is just vindictive and continues to take me back to court until I am broke. It's frustrating and stressful. School hasn't even started yet for this school year for him to say I can't provide properly for our sons school and extra curricular activities.
Expert:  LawTalk replied 2 years ago.
Hi,
The requirement for a change in custody is a significant change of circumstances. Often courts don’t even want to see a motion for the first couple of years after the last one unless there is something seriously wrong like abuse, drug or alcohol at issue.
It sounds like the judge is tiring of your ex. If he files another motion---get an attorney to fight him and ask the court to award you all your legal fees----you will probably get them.
I see no basis for any kind of a modification now and the ex is merely being a horse's backside. Try and ignore his threats---0because that is all they are.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you.
I wish you well,
Doug