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I am in Ohio. I am paying child support and have visitation…

I am in Ohio...

I am in Ohio. I am paying child support and have visitation rights for my two sons. At the time of the divorce, I was unemployed and with a very inconsistent work history, primarily because of care of our Special Needs boys. We elected for the boys to stay with their father for consistency, and because I didn't have a safe place for them, I had no overnight privileges. Now I have worked for the same company for 14 1/2 mos, and they have hired me on full time. I have an apartment that is safe and each boy will have his own bedroom. Their father has changed our visitation schedule drastically, reducing my time significantly. Today he lost his job. I could put the boys on my insurance, but only if they are my dependants, which they do not legally qualify for under the current order. How quickly could we get a new order so they will stay covered, if their father is unwilling to give up control? I have equal legal custody, but limited physical custody as written now.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Ummm... Read that again. First sentence.

Lawyer's Assistant: Have you talked to a lawyer yet?

No. I don't know what I need, how to find a lawyer with the specialty I need, and until literally this week, I couldn't afford one.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think I have explained it well, but I am sure the lawyer will have questions.

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Answered in 2 minutes by:
6/5/2017
Gerald-Esquire
Category: Family Law
Satisfied Customers: 5,365
Experience: Over 30 years of experience.
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Ask Your Own Family Law Question

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

If your ex is cooperative this an get done very quickly - within a month or so. If you ex is uncooperative it depends on how hard he fights you over this issue.

The process requires you to file a Motion to Modify the existing Custody Order. This gets filed with the same Court that issued the original Order.

You want a family law attorney to assist you. Most attorneys who do this work will meet with you to assess your case at little or no cost. If your Ex is cooperative the overall bill should be modest. You are talking about a few hours work to draft the Motion a Modified Custody Agreement and file these documents.

Some level of cooperation is needed because the Court requires a Parenting Plan. If your ex refuses to cooperate the matter will become complicated and expensive. However, in some instances the Court can order one part to pay the other parties costs - especially if they are shown to be unreasonable.

The Court's interest is what is best for the children. So everything you do must be framed in that light.

You can use this link to find a Family Law Attorney:

http://lawyers.findlaw.com/lawyer/practicestate/family-law/ohio

Here is a link to the law:

http://codes.ohio.gov/orc/3109.04

See specifically the section that states:

" The court shall not modify a prior decree allocating parental rights and responsibilities for the care of children unless 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. In applying these standards, the court shall retain the residential parent designated by the prior decree or the prior shared parenting decree, unless a modification is in the best interest of the child and one of the following applies:"

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

Gerald-Esquire
Category: Family Law
Satisfied Customers: 5,365
Experience: Over 30 years of experience.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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