My ex-wife has sole legal and physical custody of my kids. Can this be changed?

Asked about 1 year ago - Cincinnati, OH

I signed papers granting this 3 years and at the time didn't realize there are two types of custody. I'm wanting to know if I take her to court what's the possibilty of a Judge giving me half legal custody of my kids.

Attorney answers (3)

  1. Brian Scott Piper

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Custody is always subject to modification throughout the minority of the children. However, first you have to show that there has been a change in circumstances since the prior order, and second, you must show the court that the change you are advocating is in the best interest of the children. Courts tend to favor shared parenting, however, if you are serious about getting it done, you really should contact a family law attorney and do it right.

    IMPORTANT LEGAL NOTICE: Mr. Piper's response set forth above is not legal advice and it does not create an... more
  2. Amber Michelle Reams

    Contributor Level 11

    Answered . You should hire a family law attorney and petition the court to modify custody. It is hard to determine based on the little facts you have given whether a judge will modify the custody agreement. However, a judge will take many factors into consideration when making a decision.

  3. Donald Wilson Roberts

    Pro

    Contributor Level 8

    Answered . Based on the brief description, you may want to focus on what has changed in the last 3 years. You must be able to show a change in the circumstance since the last time you signed your "papers". Ohio has a preference for shared parenting but will want to see evidence that your prior orders are no longer in the best interest of the children. This may sound simple, but custody cases are quite tricky to navigate without counsel and your question suggests that you may not have been provided all of your legal options the last time you were before the court. I would be happy to "flesh out" the issues in your case with a free consult (614)207-1673.

    Disclaimer - I am a practicing attorney in Ohio. The law varies state to state. This is being offered as general... more

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