The United States Supreme Court and the Ohio Supreme Court have repeatedly said that the “right of parents to raise their children has been deemed basic and essential, protected by due process of law.” While a parent does not lose this right when the other parent is awarded custody of the children, this right does not help much when the noncustodial parent tries to regain custody of his or her children.
Ohio law also creates a hurdle, stating that modification of custody will not occur unless a change in circumstances of the child or child’s residential parent occurs. If there was a shared parenting decree, the change in circumstances can occur with either parent. The modification must also be in the best interests of the child, and: (1) the residential parent agrees to a change; (2) the child, with consent of the residential parent or of both parents in shared parenting, has been integrated into the family of the person seeking to become the residential parent; or (3) the harm likely to be caused by a change of environment is outweighed by the advantages of the change of environment to the child.
When a non-parent, such as a grandparent, obtains custody as a result of a children’s services case, the parent must still show a change in circumstances in the legal custodian of the child or of the child before they can seek modification of custody. Many parents in children services cases can be tempted to simply allow grandparents or other relatives to have custody of the children. While this may get children services out of their lives, it can actually make it more difficult to regain custody of the children. In a children services case, the parents usually just have to correct the problems that led to the removal of the children from their care; they do not have to show a change in circumstances. The change in circumstances requirement arises once legal custody of the children is granted to someone in the case.
Take a look at some of my articles, where I talk at length about these words and how they relate to divorce, dissolution, and child custody: do I have to file anything before moving out of Ohio with my child, grandparents versus parents in Ohio, how much child support do you have to pay in Ohio, factors courts look at in deciding Ohio child custody cases, and income, daycare and insurance are not the only things that affect Ohio child support.
Are you in the process of regaining custody of your children? Attorney Gigiano has represented parents in numerous children services cases and modification of custody cases. As a result of his aggressive representation, his clients have given numerous positive reviews for Daniel Gigiano on numerous sites. He has also been mentioned in the media and other notable sources. He is a Wadsworth legal custody attorney in Medina County, a Wooster legal custody attorney near Orrville, and an Akron legal custody attorney near Barberton. Contact Attorney Gigiano at 330-336-3330 to learn how he can help you regain custody of your children.