CHANGE OF CUSTODY (Not Agreed)31 (C)(2) COMMON PLEAS 1. PRO SE COVER LETTER 2. NOTICE REGARDING CUSTODY 3. CHANGE OF CUSTODY INSTRUCTIONS 4. MOTION FOR ALLOCATION OF PARENTAL RIGHTS (Sample) 5. MOTION FOR ALLOCATION OF PARENTAL RIGHTS a. Request for Service/Return of Service b. Notice of Hearing 6. AFFIDAVIT OF INDIGENCY (Common Pleas) 7. FINANCIAL AFFIDAVIT 8. GRIEVANCE FORM American LegalNet, Inc. www.USCourtForms.com>>>> 2 CHANGE OF CUSTODY INSTRUCTIONS (Divorce-Dissolution Version) (TYPE OR PRINT ONLY) Attached are two sets of forms for requesting a modification (change) of custody. The first set of forms has numbered blanks which are keyed to these instruct ions. The second set of forms is for you to fill out as you follow these instructions. These instructions are intended to be a general guide to help you get th e 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 an opinion as to whether your Motion w ill be granted. Their sole purpose is to assist you in preparing and presenting your request f or a change of custody. A. FILLING OUT THE FORMS 1. You should fill out these forms before you go to the Courthouse to file them. Other than telling you the time and date of the hearing, the Court staff cannot and will not help you complete these forms. Attached are sample forms with numbered blanks. These instr uctions will refer to the blanks by number. NOTE: EACH FORM HAS PLAINTIFF/PETITIONER AND DEFENDANT / RESPONDENT IN THE CAPTION. YOU MUST CROSS OUT THE INCORRECT ONES BY FOLLOWING THE CAPTION ON YOUR ORIGINAL DOCUMENTS. 2. MOTION FOR ALLOCATION OF PARENTAL RIGHTS AND RESPONSIBILITIES In the #1 blank, fill in the county where your divorce was granted. In t he #2 blank, fill in the name of the person who was listed in the divorce as the Plaintiff, and i n the #3 blank fill in the name of the person who was listed in the divorce as the Defendant. IN th e #4 blank, fill in the case number that appears on your divorce papers. In the #5 blank fill in your name. In the #6 blank fill in the name or names of the minor children whose custody is t o be changed. In the #7 blank fill in your ex-spouses name, and in the #8 blank fill in your na me again. In the #10 blanks, you should sign your name and fill in your address. In the #9 blanks you should fill in the reason for the change of custody . The law prefers keeping legal custody with the person who already has legal custody. To convince the Judge that custody should be changed, you must show that there has been a change of circumstances and that it is in the best interest of the child(ren) for custody to be ch anged. If you cannot show this, then the Judge will not change custody. As a practical matter, what this usually means is that you must fill in the #9 blanks with one or more reasons for changing custody. (See Ohio Revised code Section 3109.04 if you would like additional inf ormation about the legal grounds for changing custody.) American LegalNet, Inc. www.USCourtForms.com>>>> 33. NOTICE OF HEARING - Fill in the Judges name (it should be on your divo rce decree but the Clerk will give it to you if you do not have it); the courtroom number (the clerk will provide this as well); the county of the courthouse; the city; and the date and time. The Clerk will provide the date and time as well. - 4. INSTRUCTIONS FOR SERVICE-Fill in the name of the Plaintiff or Defendant, from whom you are requesting the change of custody, their address, and the ma nner in which you are requesting service-usually certified mail. There is a small fee for cert ified mail service. Ask the Clerk. ********************************************* 5. AFFIDAVIT OF INDIGENCY - (Poverty Affidavit) Fill out this affidavit only if you cannot afford the filing fee. If you do not know w hether you can afford the filing fee, call the office of the clerk of Court for the Court of Commo n Pleas in the county where your divorce was finalized. Ask them what the fee is for a post-judgment Motion in a domestic case. The Affidavit is enclosed along with instructions. You must answer every questions on the rest of the form to the best of y our ability. Sign your name in front of a notary if the affidavit is correct. DO NOT SIGN UNTIL YOU ARE IN FRONT OF THE NOTARY. ************************************************************************ * B. FILING THE MOTION 1 . After you have filled all the forms out, make FIVE copies of each and go to the office of the Clerk of Courts in the county where you divorce was finalized. This is the only place you can file your Motion. File the Motion, Affidavit-Child Custody Information, Affidavit of Indigency, the Instructions for Service, and a Financial Affidavit, if required. 2. There will be a fee for the filing of this Motion and before going up to the Courthouse, you should call the Clerks Office for the Court of common Pleas and ask how much it is. If you are unable to pay the filing fee and believe that you are indigent (poo r), you can file the Affidavit of Indigency with the other papers and avoid prepaying the filing fee. 3. At the time of the filing, give the original and all copies of your Moti on and all affidavits to the Clerk. The clerk will file-stamp everything and keep the original and one or two copies of the forms. The Clerk should return to you the rest of the copies file-st amped. Always keep at least one file-stamped copy of anything you file with the Clerks office . You should request a copy of the Visitation Guidelines. The Clerk will follow your Instructio ns for Service and serve the other party. 4. After filing the Motion and affidavits, on the same day or within the ne xt three days, take a file-stamped copy to the Child Support Enforcement Agency so that the appropriate child support amount can be determined at the time of the hearing. Show them y our papers and apply American LegalNet, Inc. www.USCourtForms.com>>>> 4for their services. 5. The Court will notify you of the date and time of the hearing. You will both need to appear with your witnesses at that time. If your mailing address changes before the hearing, you must let the clerk know immediately. C. HEARING You will need to appear with your witnesses at the hearing on the date a nd at the time the Court schedules it. Because the Court may ask you about your f