How to Change Legal Custody of a Child in Ohio
- 1). Draft your Petition to Change Custody. You can obtain a blank petition form from the clerk's office which is located in the county juvenile courthouse, or online from the county website. You may need to attach certain documents to your petition such as copies of the child's birth certificate and social security card, along with proof of paternity. Note that the Petition may require prior notarization.
Incorporate into this petition the new information you have regarding the current child custody arrangement. For instance, if the other natural parent has become mentally unstable, has entered rehab due to abuse, or has introduced negative elements such as a life partner with a history of violent felonies, drug abuse or domestic violence into your child's life, add this information into your motion. Note the standard here is not the behavior of the parent; it is the impact on the child. The events must have a negative impact on the child's safety and welfare. - 2). File your petition in the county where the child currently resides. While filing fees can vary by county, in Cuyahoga county, for instance, the filing fee was $25 in 2011. While specific procedure can also vary by county, in Cuyahoga county you will file your completed packed with the Custody Intake unit which is located in the county juvenile courthouse. Once you file the petition and pay the filing fees, you will receive a stamped copy of the motion. Use a special process server to provide the other natural parent with a copy of the motion. The other natural parent will be allowed time to prepare a response.
- 3). Appear on your petition at the scheduled hearing. The court will make a fact-specific inquiry into the allegations of your petition, examining the personal criminal and financial background of both the petitioner and the current custodial guardian. The court will also examine the child's current relationship with all parties, and how the child has adjusted to the school, home and community of the existing arrangement pursuant to Section 3109.04. If the court determines that there has been a substantial change in the custodial home, and that change has adversely affected the child, the court may enter a change of custody in favor of the petitioner.
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