My sons father wants shared parenting so I agreed to have it filed with the courts. He thought support should be eliminated since we are splitting his time equally. When the review of support was done the amount went up $250. He said he couldn't afford that do he's getting a lawyer to fight for custody now. Is it possible he could gain custody? What should I do?
1 Answer from Attorneys
In Ohio, courts decide who gets custody by what is in the best interests of the child. If the court finds that your son would be better off living with his father, then he will get custody. But if the court finds that you are the better person for your son to live with, then you will get custody. You will want to present evidence that you are a better, more organized parent than the child's father. If you can show the court that the only reason that the father is going for custody is to save some money on child support, then that would be helpful as well.
If the father files a motion to set aside the shared parenting agreement, he will need to show sufficient change in circumstances to do so. The Courts do not simply change their orders whenever one parent or the other suddenly decides on a whim that the arrangement is no good for them anymore.
If you are happy with the shared parenting agreement as it stands right now, then you should do nothing. If you are no longer happy with the shared parenting agreement, and you can show a change in circumstances to justify vacating it in favor of your having sole custody with the father having only visitation, then you can file a motion for that.
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