How difficult is it to change from shared parenting to full custody?

Asked about 5 years ago - Cleveland, OH

I have 2 children, 9 & 12. Their father is over $9000 behind in child support. In addition he is verbally abusive to my 9 year old daughter. He's been investigated by child services once for leaving buises on my daughters arms. A psychologist reported that he spanks her to child services with no investigation. He also changed his persona from alcoholic atheist, to over the top born again christian.

Attorney answers (1)

  1. Thomas Arthur McCormack

    Contributor Level 14

    Answered . You will need to file a motion to terminate the shared parenting plan and be designated the residential parent and legal custodian. You will need to establish that circumstances have changed since the SPP was instituted and that the proposed change is in the best interests of your children. In the alternative, you can seek a modification of the times of possession, for counseling for the children and the father, without changing the allocation of custodial rights. The designation as custodian does not really afford you more power than you already have. What you want to do is exert more control over the father's times of possession in the interests of your children and this is likely to require the assistance of the court whether there is a shared parenting plan or not. Control of the aspects of father's parenting can be exerted by the court, at your request, without getting rid of the shared parenting plan and your burden of proof will be less. The court is likely to consider this alternative course in a more favorable light than an outright termination of the SPP.

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