Motion For Change Of Custody
Motion For Change Of Custody Form. This is a Ohio form and can be use in Tuscarawas County (Court Of Common Pleas).
Tags: Motion For Change Of Custody, Ohio County (Court Of Common Pleas), Tuscarawas
MOTION FOR CHANGE OF CUSTODY INSTRUCTIONS NOTES: IN 1991, OHIO DOMESTIC RELATIONS LAW CHANGED SIGNIFICANTLY. USE THE ATTACHED FORMS. (AUGUST, 1991) This packet contains five (5) legal forms that you may need to request a change of custody. The forms enclosed are: (1) Motion for Change of Custody, (2) Information for Parenting Proceeding (U.C.C.J.A.), (3) Affidavit of Inability to Prepay or give Security for Costs, (4) Affidavit of Indigency, and (5) Motion for Court Appointed Counsel. In every Change of Custody, an Information for Parenting Proceeding Affidavit (U.C.C.J.A.) MUST be included with the Motion. These instructions are intended to be a general guide to help you get the forms filled out, filed with the Court, served on the opposing party and to get your request properly before the Judge/Magistrate. These instructions are not intended to be a legal analysis of your request but are merely to assist you in preparing and presenting your request. PLEASE READ ALL THE INSTRUCTIONS BEFORE YOU BEGIN TO COMPLETE THE FORMS. PLEASE PRINT ALL INFORMATION CLEARLY. 1 American LegalNet, Inc. www.USCourtForms.com A. FILLING OUT THE FORMS: 1. You should fill out these forms before you go to the Courthouse to file them. THE COURT STAFF WILL NOT HELP YOU IN COMPLETING THESE FORMS. They can only provide you with general information concerning your case number, and the date and time of your hearing. PLEASE PRINT ALL INFORMATION CLEARLY. 2. MOTION FOR CHANGE OF CUSTODY - In the #1 blank, fill in the County where you and the child(ren) live. In the #1A blank, fill in the Case Number. In the #2 blank, fill in the Plaintiff’s name. In the #3 blank, fill in the Defendant’s name. In the #4 blank, fill in your relationship with the minor child(ren) (mother, father, grandparent, etc.). In the #5 blank, fill in the name of the minor child(ren). In the #6 blank, fill in the date(s) of birth of the minor child(ren). In the #7 blank fill in the relationship of the other parent (if you are the mother, the other parent is the father). If you are not a natural parent, you will have to slightly modify this form so that reference is made to both natural parents in the appropriate places. In the #8 blank, fill in the name of the other parent. In the #9 blank, fill in the address of the other parent. In the #10 blank, fill in the name of who the child(ren) is/are currently residing with. In the #11 blank fill in the reason that the child(ren) is/are currently residing with that person. In the #12 blank, fill in the reason that you think custody should be granted to you. In the #13 blank, you should sign your name and fill in your address. 3. You will also need an INFORMATION IN PARENTING PROCEEDING AFFIDAVIT (U.C.C.J.A.) which is enclosed. 4. The Child Custody Affidavit MUST be filled out completely and notarized. If this document is not filed, the Court has no jurisdiction over this matter and the Court cannot hear your case. THE COURT STAFF WILL NOT NOTARIZE THESE DOCUMENTS FOR YOU. A Notary Public can be found by looking into the yellow pages or can often be found at your local bank. 5. Leave the MAGISTRATE’S ORDER/NOTICE OF HEARING blank until you are at the Courthouse and ready to file the Motion. The Clerk’s office may give you the date and time of the hearing. If they do, fill in the blank while at the Clerk’s office. 6. You will also need to file a REQUEST FOR SERVICE. Fill in the names of the children and case number on the Request for Service just as you did on the Motion. You should probably check the box for certified mail service, though you have other options. In the spaces provided, write in the names and address of the people you want served with these papers. In general, the natural parents and the caretaker of the child(ren) will need to be served. 2 American LegalNet, Inc. www.USCourtForms.com 7. 8. B. You must have a valid address of the other party for the Clerk’s office to mail the Motion. IF YOU DO NOT HAVE A VALID ADDRESS FOR THE OTHER PARTY, DO NOT FILE THE MOTION. The Judge/Magistrate has no authority to grant your Motion unless the other person has been served with a copy of the papers and has been given an opportunity to be heard on the Motion. Also enclosed you will find a MOTION FOR COURT APPOINTED COUNSEL. If you would like an attorney to represent you but feel you cannot afford one, fill out this Motion and accompanying AFFIDAVIT OF INDIGENCY. It is then up to the Judge/Magistrate to determine if you qualify for counsel to be appointed to represent you in this matter. FILING THE MOTION: 1. After you have filled all the forms out, go to the Clerk of Juvenile Court’s office at the County Courthouse in the county where the last order for custody was made. This is the only place you can file the Motion. 2. All cases require the payment of Court costs. When you file your case, you should be prepared to pay a deposit of $40.00. This is an initial deposit. If your costs exceed this amount, you will be billed for the balance. 3. If you are unable to prepay these Court costs, you must fill out the enclosed AFFIDAVIT OF INABILITY TO PREPAY OR GIVE SECURITY FOR COSTS DO NOT sign this Affidavit unless you are in front of a Notary Public. THIS MUST BE DONE BEFORE YOU TAKE THE PAPERS TO THE COURT FOR FILING. The Judge/Magistrate will review this Affidavit and decide whether or not you are permitted to file your documents without prepaying the Court costs. Remember, this does not mean that you will never have to pay Court costs. It means that you will not have to prepay the costs. It is up to the Court to decide who pays Court costs. As a general rule, ANYONE WHO IS EMPLOYED MUST PAY THEIR COSTS AT THE TIME OF FILING. 3 American LegalNet, Inc. www.USCourtForms.com C. HEARING: 1. You should be prepared for the hearing. You should be neat, clean and appropriately dressed. You must have with you at the time of the hearing any witnesses that you want to verify why the custody should be changed. You should also have with you any papers or other documents or evidence (such as work schedules, etc.) that you want the Judge/Magistrate to see during your case. Because the Court may ask you about your financial information, you should bring with you proof of your income (i.e. letter from the Welfare Office [Department of Jobs and Family Services], letter from employer, check stubs, letter from Social Security, etc.). 2. You should have in front of you at the start of the hearing the specific part of the Court’s prior custody order that you want to have changed. You should tell the Judge/Magistrate in clear and simple terms why you want the change and why it is in the best interest of your child(ren) to have the Motion granted. The hearing is your opportunity to present your side of the story, so make certain that you include everything in your testimony. It may be helpful if you sit down before the hearing and make a written outline of everything that has happened and the current circumstances that support your Motion so that you will have something you can use to remind yourself of what it is you want to say when you testify. 3. VERY IMPORTANT! Time is limited. Restrict yourself to the issue before the Court and the factors involved with that issue. The Judge/Magistrate will only want to hear the evidence that you have that shows or supports the specific Motion before the Court. 4. At the hearing you may be asked questions by the Judge/Magistrate, or the other party in this case or the attorney of the other party, if there is one. You must answer the questions truthfully, but you don’t need to volunteer information. Listen to the question and make sure that you are providing the information that you were asked. If you do not understand a question, or are not sure what you are being asked, you have the right to have the question explained to you before answering it. 5. The Judge/Magistrate may not make the decision to grant your Motion at the end of this hearing. Listen closely to what the Judge/Magistrate has to say at the end of the hearing to know if the matter will be taken “under advisement” or if the Motion was granted or denied. 4 American LegalNet, Inc. www.USCourtForms.com STATE OF OHIO, (1)_________________ COUNTY, SS: IN THE COURT OF COMMON PLEAS JUVENILE DIVISION (2)___________________________ Plaintiff CASE NO.: (1A)______________________ vs. (3)___________________________ Defendant 1. MOTION FOR CHANGE OF CUSTODY (Oral Hearing Requested) I am the (4)_______________ of the minor child(ren), (5)___________________ _________________________, born (6)____________________________. 2. The natural (7)____________ of the minor child(ren) is: (8)__________________ ________________________ and s/he resides at (9)________________________ _____________________________________________________________. 3. The minor child(ren) is/are currently residing with (10)______________________ _________________ because (11)__________________________________. 4. It is in the best interest of the child(ren) that I be granted custody because: (12)______________________________________________________________. 5. The child(ren) is/are not the ward of another Court in Ohio. WHEREFORE, I hereby request that I be named residential parent and sole custodian of the above minor child(ren). (13)________________________________ Signature _____________________________ _____________________________ Address __________________ Phone Number 5 American LegalNet, Inc. www.USCourtForms.com