AGREED CHANGE OF CUSTODY 31(B)(2) Common Pleas Court 1. PRO SE COVER LETTER 2. INSTRUCTIONS 3. AGREED MOTION FOR CHANGE OF RESIDENTIAL PARENT FORM 4. AFFIDAVIT REQUIRED BY O.R.C. 3109.27 5. AGREED ENTRY 6. AFFIDAVIT OF INDIGENCY 7. FINANCIAL AFFIDAVIT 8. NOTICE REGARDING CUSTODY 9. GRIEVANCE FORM American LegalNet, Inc. www.USCourtForms.com AGREED CHANGE OF RESIDENTIAL PARENT AND LEGAL CUSTODIAN COMMON PLEAS COURT INSTRUCTIONS Attached is a form motion requesting a change of residential parent and legal custodian. It can only be used when the parents are divorced or have obtained a dissolution and both parents agree to the change. These instructions are intended to be a general guide to help you get the form filled out, filed with the Court, and properly before the Judge. These instructions are not intended to be a legal analysis of your request or advice as to whether you should win your motion but are merely to assist you in preparing and presenting your request. If you have any doubt or question as to whether you can use these papers, contact an attorney. CAUTION! CHANGING THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN IS SERIOUS! A PARENT WHO GIVES UP HIS/HER RESIDENTIAL PARENT AND LEGAL CUSTODIAN STATUS MAY NEVER GET THE RIGHT TO HAVE HER/HIS CHILD LIVE WITH HER/HIM AGAIN. IF YOU HAVE ANY DOUBT ABOUT CHANGING THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN, DON'T DO IT, OR CONTACT A LAWYER. A. FILLING OUT THE FORM 1. All of the enclosed forms should be filled out before you go to the Courthouse to file it. The Clerk of Courts staff will not help you in completing the forms. At the top of each form, fill in the name of the Plaintiff, the Defendant, and the 2. case number. This information is available from your final divorce or dissolution decree or on other papers that have been previously filed with the Court. If you do not have the case number you can get it from the Clerk of Courts when you go to file the Motion. The motion must include the addresses of all parties in the caption. You must file the Motion in the same court that first awarded custody, even if you or your ex-spouse live somewhere else now. In the second paragraph of the Motion there is a space for you to list the reason or 3. reasons that you have for wanting to change the residential parent and legal custodian. You should be specific. Start by stating who has custody (or is the residential parent and legal custodian) now and who you want to change it to. You do not have to list here all of the facts that support your request or everything that has happened to you that causes you to want to change the residential parent and legal custodian. However, you have to be specific enough so that the Judge will know from reading your Motion why you want to change the residential parent and legal custodian. American LegalNet, Inc. www.USCourtForms.com 4. Both of you must sign the form and print your names, current addresses, and phone numbers. Do this on the spaces under the words ''Respectfully submitted.'' 5. Fill out all four pages of the affidavit of income, expenses, and financial disclosure. Answer all questions as completely and accurately as you can. Fill in the income and expenses for both of you as best you can. Both of you must sign the affidavit in front of a Notary Public. 6. Fill out the document called ''Affidavit Required by O.R.C. 3109.27''. In the first paragraph are blank lines for you to list the names of your children. In the next paragraph you must list the addresses where the children have lived for the past five years, the dates they lived there, and the names of the people they lived with. Read the next four paragraphs carefully. If any of the information printed there is incorrect you should cross it out before signing the form. Both of you must sign the affidavit in front of a Notary Public. 7. Fill out the Affidavit of Indigency if both of you are unable to pay court costs for this Motion. To find out the cost you should call the Clerk of Courts. Sign the affidavit in front of a Notary Public. 8. Both of you should sign the Agreed Entry on the lines under the word ''Approved''. If you are trying to change custody to a third person, that person should sign this Entry also. 9. B. Make three copies of every page. FILING THE MOTION 1. After the form is filled out and copied, go to the Clerk of Courts office on the second floor of the County Courthouse. That is the only place you can file the Motion. 2. The Clerk's staff will take the original and one copy of the Motion. You should ask the Clerk to time-stamp your copies of the Motion. This is your proof that you filed it. C. PREPARATION FOR THE HEARING Since both of you are in agreement about the change of residential parent and 1. legal custodian, it is possible that the Court will issue an order without requiring a hearing. If a hearing is scheduled, you should follow the instructions below. It helps a lot if you are prepared for the hearing. You should dress as you would 2. for a job interview and have with you any witnesses that you wish to use to support your request. Your child or children may also be able to testify about the change of residential parent and legal custodian. American LegalNet, Inc. www.USCourtForms.com 3. The Judge will want to know basically these things: Why you want to change the residential parent and legal custodian and whether the change is in the best interests of the child or children. 4. At the hearing you will be asked questions by the Judge or by an attorney. Be directly responsive to the questions. Listen to the question and make sure that you provide the information that you are asked for. If you do not understand the 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. This Motion does not deal with the issue of child support. However, you should know that the Court always has the authority to order child support. GOOD LUCK! American LegalNet, Inc. www.USCourtForms.com IN THE COURT OF COMMON PLEAS OF COUNTY, OHIO * Plaintiff/Petitioner, VS. * CASE NO. * * Defendant/Petitioner. AGREED MOTION FOR CHANGE OF RESIDENTIAL PARENT AND LEGAL CUSTODIAN * Now come the parties herein who jointly move this honorable Court to change the residential parent and legal custodian of the minor child(ren) herein for the reasons that it would be in the best interests of the child(ren) as further explained below and so that the child(ren) can be enrolled in school. Respectfully submitted, Mother Father American LegalNet, Inc. www.USCourtForms.com IN THE COURT OF COMMON PLEAS OF COUNTY, OHIO * * Plaintiff/Petitioner, CASE NO. * vs. 9 * AFFIDAVIT REQUIRED BY O.R.C. 3109.27 * Defendant/Petitioner. STATE OF OHIO, SS: COUNTY OF , being duly cautioned and sworn, states the following. I. I am the 2. The minor child(ren) of the marriage, namely: (list names and dates of birth) in the above-captioned case. live with me at In the last five (5) years the child(ren) has/have resided at the following places and 3. with the following adults other than myself and my former spouse. Address Time Period (street, city, & state) (month/year) Other Adults There to present to American LegalNet, Inc. www.USCourtForms.com to to 4. I have not participated as a witness, party, or in any other capacity in any other litigation concerning the allocation of parental rights and responsibilities for the care of the child(ren) and the designation of the residential parent and legal custodian of the child(ren) or that otherwise concerned custody of the same child(ren) in this or any other state. I have no information of any parenting or custody proceeding concerning the child(ren) pending in a Court of this or any other state. I understand that I must inform the Court of any court action involving parenting or custody of the child(ren) that it is filed or occurs while this case is pending before this Court. 5. I know of no person or persons not parties to this proceeding who have physical custody of the child(ren), claims to be the residential parent or legal custodian of the child(ren), or claims to have visitation rights with the child(ren). 6. I have never plead guilty to and I have never been convicted of any criminal offense which in any way involved abuse or neglect of a child. Moreover, no court has ever determined that I have abused or neglected a child in any other kind of court proceeding. SWORN TO AND SUBSCRIBED BEFORE me, a Notary Public, this , 20 day of NOTARY PUBLIC American LegalNet, Inc. www.USCourtForms.com IN THE COURT OF COMMON PLEAS OF COUNTY, OHIO * * Plaintiff/Petitioner, CASE NO. * VS. * I Defendant/Petitioner. * AGREED ENTRY The Court finding that the parties are in agreement and that this agreement would be in the child's best interest, it is hereby ORDERED, ADJUDGED, and DECREED that shall be designated as the residential parent and legal custodian of the minor child(ren), JUDGE, COURT OF COMMON PLEAS Approved: American LegalNet, Inc. www.USCourtForms.com IN THE COURT OF COMMON PLEAS COUNTY, OHIO CASE NO. Plaintiff, JUDGE: AFFIDAVIT OF INABILITY TO PREPAY OR GIVE SECURITY FOR COSTS (Sec. 2323.31 Revised Code) vs. Defendant STATE OF OHIO COUNTY, SS: 1, the undersigned, a party in the above captioned case, being first duly sworn, represent to the Court that I am unable either to prepay or give security for costs in this action and request the Clerk to accept the attached pleading herein without prepaying or giving security for costs as provided by Sec. 2323.31 of the Revised Code. In support of this request, I submit answers to the following questions: years old. 10. What is your age? 11. Do you have any children? 12. What is your occupation or business? 13. Are you employed? 14. What did you earn during the past year? $ , If so, give names and ages: If so, give name and address of your employer: American LegalNet, Inc. www.USCourtForms.com 15. What are your parents' names and ages? 16. Do you own any real estate? Is it mortgaged? If so, give its value $ If so, give the amount of mortgage $ 17. Do you own an automobile? 18. What other items of personal property do you own? If so, what is the value $ What debts are against it? 19. Have you made an advance payment to your attorney for his/her services in this case? Yes or No If yes, how much $ Who paid it? 20. Do you have any securities or bank accounts? of all accounts: $ 21. Are you receiving public assistance? How much? $ If so, please list the total value If so, what kind? (#6 - Your Signature - SIGN IN FRONT OF NOTARY) STATE OF OHIO COUNTY, SS: Before me, a notary public, in and for said county and state, personally appeared who being first duly cautioned and sworn, says that the facts in the foregoing affidavit are true. NOTARY PUBLIC American LegalNet, Inc. www.USCourtForms.com IN THE COURT OF COMMON PLEAS COUNTY, OHIO Case No. Plaintiff/First Petitioner Address SSN: DOB: vs./and AFFIDAVIT OF INCOME, EXPENSES AND FINANCIAL DISCLOSURE AND PERSONAL BACKGROUND Defendant/Second Petitioner Address SSN: DOB: Date STATE OF OHIO, SS: Now comes , Affiant herein, and having been duly cautioned and sworn, states that he/she has been advised that this affidavit may be used for any or all of the following purposes: (1) to make complete disclosure of Affiant's income, assets, liabilities, and expenses; (2) to assist in determining order of support or alimony when applicable or any changes thereto; and (3) to provide for the issuance of the appropriate withholding order for support. DEFENDANT/SECOND PETITIONER PLAINTIFF/FIRST PETITIONER $ Annual Employment Income $ Employer Payroll Address City, State, Zip American LegalNet, Inc. www.USCourtForms.com IF AVAILABLE AT DATE OF FILING, ATTACH: (1) PAY STUB WITH YEAR-TO-DATE EARNINGS AND (2) COPY OF THE MOST RECENT TAX RETURN, OR (3) A COPY OF MOST RECENT W-2. American LegalNet, Inc. www.USCourtForms.com SECTION A- GROSS INCOME (see definition Page 5) Circle One: Weekly Bi-Weekly PLAINTIFF/FIRST PETITIONER Semi-Monthly Monthly DEFENDANT/SECOND PETITIONER $ $ $ $ $ $ $ $ $ Gross Income Per Pay Period Federal Withholding State Withholding Local Withholding FICA Union Dues Health Insurance Other Net Income $ $ $ $ $ $ $ $ $ ADJUSTMENTS $ per month $ per month $ per month DEFENDANT/SECOND PLAINTIFF Court Ordered Support Paid for other child/ren PLAINTIFF/FIRST PLAINTIFF $ per month $ per month $ per month Court Ordered Alimony Paid to a Former Spouse Adjusted Income SECTION 13- HEALTH INSURANCE COVERAGE FOR DEPENDANT CHILDREN/COBRA I. Health Insurance Coverage for Defendant Child(ren) is available through employment of No another group plan? Yes 2. If YES, complete the following: A. Insurance Company Name Address Policy Name/Number B. This policy is available at $ (indicate ''O'' if available at no cost). C. The deductible is $ per person/ per cost to Affilant per family. American LegalNet, Inc. www.USCourtForms.com D. E. 3. The co-payment required is $ The cost to purchase COBRA coverage will be $ per month. If NO, please describe the nature, if any of Affiant's health insurance coverage SECTION C- AFFIANT'S MONTHLY EXPENSES List expenses below for your present household. There are my household. Are you residing in the marital residence? Yes I. adults and children in No MONTHLY A. Housing 1. Rent or Mortgage (including taxes and insurance) 2. Utilities: a) Gas and Electric b) Water and Sewer C) Telephone (excluding long distance) d) Trash Collection Other: 3. $ $ $ $ $ $ B. Other 1. 2. 3. 4. 5. 6. 7. Car Repairs Medical (not covered by insurance) Clothing Grocery Items (to include food, laundry, cleaning products, toiletries, et.) Child Care (employment related only) Gasoline and Oil Other: $ $ $ $ $ $ $ MONTHLY TOTAL (Sum of A and B) (1) $ American LegalNet, Inc. www.USCourtForms.com MONTHLY INSTALLMENT PAYMENTS (Do not list expenses previously listed on page 3) $ $ $ $ $ $ $ $ $ $ Purpose Monthly Payment $ To Whom Paid Balance Due $ (11) TOTAL MONTHLY INSTALLMENT PAYMENTS TOTAL MONTHLY EXPENSES (Sum of I and 11) $ $ SECTION D- FINANCIAL DISCLOSURE/REAL PROPERTY ASSETS I. List all funds on deposit in any and accounts in any bank, savings and loan, credit union, regulated investment company, mutual fund, or other financial institution. Account includes any of the following: checking, certificate of deposit (''D''), investment, savings, individual retirement (''IRA''), stock option, etc. Attach additional pages if needed. Name and Address of Financial Instruction Account No./Source Balance on Date of this Affidavit Name(s) on Account $ $ $ 2. Location/Purchase Price and Date of Real Estate Other Title Holders Present value of Real Estate $ Balance Due on Mortgage as of $ American LegalNet, Inc. www.USCourtForms.com $ $ 3. $ $ Any other income sources listed in Section A (i.e., disability income, interests, or dividend income, rentals, annuities, etc., not listed in Section D-1) should be listed and attached to this Affidavit by source, address, and account number. SECTION E- RETIREMENT BENEFITS List any pension retirement plan, profit sharing plan in which you have any interest, and the employer or location of this account,. Value $ SECTION P OTHER ASSETS Describe assets of more than $1,000,.00 in value not otherwise listed in this Affidavit. Attach additional pages if needed. Value $ SECTION G- LUMP SUM INCOME List any lump sum (bonus, gifts, inheritance, etc.) In excess of $500.00 expected to be received within the next six months, not otherwise listed in this Affidavit. Attach additional pages if needed. Source Address Value $ SECTION H- PERSONAL BACKGROUND Military Service? Where? Yes No When? Type of Discharge American LegalNet, Inc. www.USCourtForms.com Job skills gained in military service GI educational benefits available? Yes No Describe educational level (check those which apply): Through grade 5 high school graduate Where? graduate? , Major 9 , College Where? 1 , Major Graduate or professional degree? Field , some college 9 Where? 5 , Other Previous employment experience: Affiant states that the information contained herein is complete and accurate to the best of his/her information, knowledge, or belief under penalty of law. Affiant ( ( ) Plaintiff/First Petitioner ) Defendant/Second Petitioner day of SWORN to and subscribed in my presence this , 2002. Notary Public Attorney ( ( ) Plaintiff/First Defendant ) Defendant/Second Petitioner I American LegalNet, Inc. www.USCourtForms.com DEFINITION OF INCOME To determine gross monthly income, take annual income from each source, before taxes and other deductions, and divide by 12. Included is income from salaries, wage, overtime, commissions, royalties, tips, bonuses, rents, dividends, severance pay, pensions, interest, trust, annuities, capital gains, social security, disability, spousal support, etc. Excluded is income from OWF, SSE, food stamps, general relief, any other means tested assistances, etc. If self-employed, income is the gross receipts of the business minus any ordinary and necessary business expenses excluding any depreciation or investment tax credits. I/We hereby certify that the child support worksheet has been filed contemporaneously herewith. Attorney for Plaintiff/First Petitioner Attorney for Defendant/Second Petitioner American LegalNet, Inc. www.USCourtForms.com