Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

Sole custody changing to shared parenting / joint custody

I sent papers to my ex to inform him I would be moving (25 miles away.) We are in Ohio and he can schedule a hearing to change our parenting plan. Not only is he wanting the plan changed but he wants to get custody changed to joint/shared parenting. By doin this he assumes he gets DD 50/50 of the time however I have been reading this isnt necessarly the case. I thought shared parenting meant you share decisions, which the two of us are unable to do. We agree on absolutely nothing. My question is how hard is it to get custody changed? Is moving 25 miles enough reason? He only gets every other wknd and every other wed for 3 hours (this was his choice) right now with our schedule. Also, we were just in court 3 months ago to change our schedule - the case got dismissed because nothing he said made sense or was in DD's best interest. How often are you even allowed to change things?

Answer Question

Asked by Anonymous at 7:39 PM on May. 6, 2010 in General Parenting

Answers (4)
  • How often a parenting plan can be changed varies state to state. In TN, it cannot be changed earlier than 6 months, unless there is something that creates an "emergency" need for the parenting plan.

    Answer by mommy11260 at 7:41 PM on May. 6, 2010

  • We go back every 6 mnths...but if your moving 25 miles away he can legally go back and ask for a change

    Answer by NIKKIANDYBABY at 7:43 PM on May. 6, 2010

  • Joint custody doesn't mean 50/50. My ex and I have joint custody and I have the same schedule you have - every other weekend and every other Wednesday from 3-8pm. The difference is we are supposed to make decisions together regarding their school, health care, etc. We don't ever agree on anything either, and I can definitely see us back in court to ask for a "parent mediator" which is someone appointed by the court that listens to both me and my ex whenever we have a disagreement and make the final decision. In NC we can only change custody every 3 years, unless there is a "substantial change in circumstances" - which I would think moving 25 miles away may/may not qualify.

    Answer by missanc at 8:07 PM on May. 6, 2010

  • There is joint legal custody, in which the parents share the decision making for the things that affect the childs future (education, religion, medical decisions, etc) Then there's joint physical custody, in which the parents share time with the child equally.

    Im my husbands custody paperwork (join physical/joint legal) he has the children 50% of the time...literally, we get them 4 days one week, 3 days the next week, etc. And it states in his paperwork that he and his ex must live within 25 mines of each other (we're in Michigan).

    Simply moving within 25 miles does not qualify him for joint physical custody. There would be a lot of factors involced for the judge to make that call. It also sounds like the judge doesnt think a change is necessary seeing as he dismissed his last petition to change it.

    I have sole physical/joint legal of my boys and our custody is set much like yours. And we live within 20 miles of each other

    Answer by Tarinia at 1:03 PM on May. 7, 2010

Join CafeMom now to contribute your answer and become part of our community. It's free and takes just a minute.