Legal Question in Family Law in Ohio

Arrearage and custody of unruly child

My ex is 21,500 in arrears. He has moved state to state without providing a new employer each time. Presently he is in West Virginia working for a temporary travelling nursing agency. He stays at his mother's in Ohio most of the week and his address has been verified there. A seek work order has expired and CSEA is auditing the account before sending it to legal. He may work in Ohio for the same agency after this month. Our 16 year old daughter moved in with his mother in November. She had failed drug tests and been truant from school and decided to stay with her dad at his mother's. In the meantime, I sold my house and rented a 2 bedroom condo for my son and myself. We have shared parenting, although my ex has not paid his share of medical expenses or insured the children. I am the residential parent. With my daughter at her dad's I am curious about custody. If I agree, can he become the primary residential parent even though he is in arrears? Or can custody be granted to his mother? If custody is changed, do I have to pay support for her while he is in arrears and not currently paying support? I do not want her in the house because her drug use, truancy and temper is too disruptive.


Asked on 1/07/03, 10:47 am

1 Answer from Attorneys

Aaron Miller Robert Aaron Miller Co., L.P.A.

Re: Arrearage and custody of unruly child

First, your former spouse can obtain custody even though a child support arrearage exists. Yes, custody can be granted to the grandmother. Finally, yes, you could be required to pay support.

Have you thought about terminating the shared parenting arrangement because of your circumstances?

If you would like to speak to me regarding this matter, please contact me at 740-342-1611.

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Answered on 1/07/03, 6:42 pm


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