Legal Question in Family Law in Ohio

In Ohio, in order to get custody changed, the father will First have to show a change in circumstances, and then Second show that it is in your daughter's best interest that he be awarded custody instead of you.

Not knowing the facts of your case, it is impossible for me to tell whether or not he would be successful.

However, if he is alleging in his new filing facts that were in his old filing, you can argue that those facts cannot constitute the basis for a change in circumstances since they were used in the previous filing and they are not new. You would be arguing that he is simply trying to get a second bite at the apple after his previous filing was dismissed for him not showing up.

The purpose of the law's requiring that there be a fresh change in circumstances before a new custody motion can be brought is the Ohio Legislature's recognition that parents often try to harass and bankrupt each other with such litigation repeated over and over again. Further, it is not in any child's best interest to have his/her living arrangements constantly up for grabs.