Agreed Motion for Change of Custody in Common Pleas Court Instructions Attached is a form for a 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 forms 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 will 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 his/her child live with him/her again. If you have any doubt about changing the residential parent and legal custodian, contact a lawyer for legal advice. I. Filling out the forms: A. All of the enclosed forms should be filled out before you go to the Courthouse to file them. The Clerk of Courts' staff cannot help you complete the forms. B. At the top of each form, fill in the name of the Plaintiff, the Defendant, and the 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. You must file the Motion in the same court that first awarded custody, even if you or your ex spouse lives somewhere else now. C. In the second paragraph of the Motion, there is a space for you to list the reason(s) 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 whom you want Page 1 of 3 Revised 2/19/2014 Agreed Motion for Change of Custody Instructions American LegalNet, Inc. www.FormsWorkFlow.com to change it to. You do not have to list all the facts that support the 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. D. 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." Fill out the Affidavit of Income and Expenses, Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) form, and Private Health Insurance Questionnaire. Answer all questions as completely and accurately as you can. Fill in the income and expenses for both of you as best as you can. Both of you must sign the affidavit in front of a Notary Public. Be prepared to pay a filing fee. This is to be paid in cash or by money order. The Clerk's office will not accept your personal check. The amount of the filing fee can be obtained at http://www.co.tuscarawas.oh.us/Common%20Pleas/CourtCosts.pdf or by calling the Clerk of Court's office at 3303653243. If you do not have the money to pay the filing fee, you may complete and file the Petition for Waiver of Filing Fee and Court Cost Deposit and Affidavit in Support available on the Court website. You still may have to pay court costs after the action is decided. E. F. II. Filing the Motion: A. After the form is filled out, make two copies and go to the Clerk of Courts' office on the second floor of the County annex building, 125 East High Ave., New Philadelphia, which is attached to the County Courthouse. This is the only place you can file the Motion. The Clerk's staff will take the original and one copy of the Motion. You should ask the Clerk to timestamp your copy of the Motion. This is your proof that you filed it. B. Page 2 of 3 Revised 2/19/2014 Agreed Motion for Change of Custody Instructions American LegalNet, Inc. www.FormsWorkFlow.com III. Preparation for the Hearing: A. Since both of you are in agreement about the change of residential parent and 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. Be prepared for the hearing. You should dress as you would for a job interview and bring with you any witnesses that you wish to use to support your request. The Court will want to know: 1. 2. Why you want to change the residential parent and legal custodian; and Whether the change is in the best interests of the child(ren). B. C. D. At the hearing, you will be asked questions by the Court or by an attorney. Be directly responsive to the questions. Listen to each question and make sure that you provide the appropriate information. 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. 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 and specify which parent may claim the child(ren) for tax purposes. E. Page 3 of 3 Revised 2/19/2014 Agreed Motion for Change of Custody Instructions American LegalNet, Inc. www.FormsWorkFlow.com In The Court of Common Pleas Tuscarawas County, Ohio General Trial Division Domestic Relations Case Designation Form __________________________________________ Address: ___________________________________ __________________________________________ Plaintiff/Petitioner vs. __________________________________________ Address: ___________________________________ __________________________________________ Defendant(s)/Petitioner/Respondent : : : : : : : : : : : : Case Number: _________________________ Judge: ________________________________ Has this case been previously filed and dismissed? Check one: _____ Yes _____ No If yes, list case number and judge: ______________________________________________ List all open or closed case(s), involving your children, including case number and judge: (for example, a Juvenile Court case regarding custody and/or support) _________________________________________ _________________________________________________________________________________