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Can a shared parenting plan be overturned for emotional abuse?

Galloway, OH |

My ex-husband repeatedly is causing emotional distress to my 10yr old daughter. When it is his scheduled time with them ( our two daughters 10 and 7), he drops them off at their grandparents or other people houses, spending very limited time with them. When they try to talk to him about it, and their feelings, he agrues with them and places the blame on them. She is always disappointed, crying and often left feeling unwanted. I would like to fill for full custody and am wondering if this is grounds to do so based on emotional distress and leaving them with other people when it is his scheduled time to have them?

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Attorney answers 1


You can file based on a "change in circumstances" since the court last addressed the issue of custody. The court will then look at the "best interest" factors in determining custody and visitation between the parents and children. You will need to prove that he is indeed emotionally harming them. This can be done by asking the court to appoint a guardian ad litem for the children and/or having the children be psychologically evaluated by a professional who will testify as to the results of such an exam.

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