Trumbull County Family Law Workshops Custody and Visitation

Trumbull County Family Law Workshops Custody and Visitation

Workshop Program Objectives • Help self represented parties identify and accurately complete the forms required for their case. • Provide information to parties about court procedures and issues they may face during their case. • Help parties recognize risks of managing a complex or contested case without the help of an attorney. • Provide parties with information about community resources that might help.

Reminder: This is an Educational Workshop ONLY • Volunteering Attorneys CAN NOT answer direct questions about YOUR case. • You are not represented by Legal Aid OR the attorney that leads the Workshop. • Review content of limited scope that was signed on Intake Form • Seek legal counsel for complex issues or highly contested cases. • Trumbull County Bar Association at (330) 675 -2415

Before We Begin • • • Workshop Worksheets – serve as a guide when filling out forms • If you DO NOT have required information, you will need to complete forms on your own OR return to a later Workshop. Name of Presenting Attorney • Does s/he represent the other party/ies in your case? DO NOT get ahead in packets • If you fall behind stay with the presentation and remain to complete forms at end of workshop. NOTE: You will need 2 copies of completed documents when filing – Clerk will charge 5 cents per copy.

Workshop Packets ●Left hand side features educational material and community resources. ●Right hand side has “Document Checklist” and the required court forms. ○At end of workshop, Paralegal will review documents and stamp your checklist. You will need to take this checklist with you when filing papers with the Court.

A Word About Affidavits Notice that some documents have “Affidavit” in the title. • • • Affidavits SHOULD NOT BE SIGNED until in the presence of a Notary Public Complete them, but DO NOT sign them if notarizing them at workshop. • Can only notarize if they have a valid (non-expired) state picture id or license. Affidavits provide vital information to the court. You must affirm the truthfulness and accuracy of the information provided in the affidavit. • Oath

Introduction of Workshop Attorney

Types of Issues Covered at Workshop • • Complaint for Custody • Parent or Third Party (non-parent) Motion to Modify Custody Complaint for Visitation Motion to Modify Visitation

General Considerations of the Court There are two standards the Court follows when making decisions involving children – one for parents and one for non-parents: • When considering parental custody/visitation, the Court considers what is in the “best interest” of the child. • When considering a third-party custody change, the Court must find that parents are “unfit” to have custody.

Parenting Time and Custody Issues • In Ohio, an unwed mother is automatically considered the custodial parent of the child • The father must pursue a court order for visitation and/or custody rights • This is done separately from a child support order • When parents are married, custody and visitation issues are resolved through divorce decree • Either party can request the Court’s order be modified

Custody Options Sole Custody • One party is designated the Legal Custodian and Residential Parent • This party is primary decision maker for the child/ren • The other party is given Companionship (visitation) time • Parties can agree on visitation time • Typically no less than Standard Order • Custodial parent can request other parent have supervised visitation is safety is a concern Shared Parenting • Both parents are considered Residential Parents of the child/ren • Parties share in decision making though one party is indicated to have the “final say” if parties disagree • Doesn’t necessarily mean 50 -50 - time with both parties • May adjust child support order • Requires BOTH parties to sign written agreement with the Court • Requires parties be able to work together

Key Considerations Factors the Court considers to determine custody or visitation include: • Ability for parties to work together • Child/ren’s adjustment to home, school, and community – stability • What are the parties’ wishes • What are the children’s wishes • Reports from Guardian Ad Litem, if applicable • Mental and physical health of parties • History of drug use, abuse or domestic violence • Child/ren’s interactions with siblings, extended family, and other persons with whom the child/ren may have frequent contact • Geographic proximity of parties • Ability of each party to encourage the sharing of love, affection, and contact between child and other parent • Which parent is likely to honor and facilitate Court approved parenting time

Third Party Custody Considerations • Do both parents agree to your request to be the legal custodian of the child/ren? • Is the child/ren currently in your physical possession? • What factors contribute to this change being in the best interest of the child/ren? Are parents unfit? • If parent/s are agreeable to you being designated legal custodian, what arrangements, if any, have been made concerning visitation, child support, medical coverage, etc. ?

Modification Considerations • When asking the Court to modify an existing custody or visitation order, the Court will want to know “what has changed” that justifies the request to modify. • Is the other party in jail; using drugs; in an abusive relationship; experiencing physical and/or mental health issues; repeatedly violating a court order that gives you parenting time, etc. ? • Is the child not doing well in school; been declared unruly; in physical danger; etc. ? • Has the work schedule of one of the parties changed, etc. ? • Be able to document and support your claims ESPECIALLY if the other party does not agree with your modification request. • Report safety concerns, including neglect and abuse, to the Children’s Services Bureau at 330 -3722010.

Procedures 101 What You Need to Know About Filing and Presenting Your Case

General Overview Typically your case will proceed as follows: • File your case with the Court • Ensure other party is “served” – the Court will want to know that the other party is aware of the legal action • Present your case before the judge or magistrate – there can be several hearings and additional steps when cases are contested • Receive a judgment entry with the Court’s decision

Visitation /Custody ALL About the Forms To file for visitation or custody, you must complete and submit certain documents to the Court. These items are listed on your “Document Checklist” and will include some of the following depending on the type of case: • Complaint for Parentage • • Complaint for Custody – Third Party • • Motion for Change of Parenting Time Motion to Modify Parental Rights and Responsibilities Instructions for Service Notice of Hearing Subpoena with Exhibit • Affidavit of Income and Expenses (completed before presentation) • • • Parenting Proceeding Affidavit Health Insurance Affidavit Poverty Affidavit Child Support Application Parenting Plan or Shared Parenting Plan Parenting Judgment Entry – to be completed during Workshop but presented to court later in case

When Completing Forms • Print neatly • Be complete – provide an answer for each question • Be complete – fill out ALL the forms required • Be honest and accurate • Do not sign affidavits until before a Notary • If you provided valid ID today at check-in, you can sign during the workshop

When filing a case you need to determine which Court has “jurisdiction” Domestic Relations • Modification to existing orders from a Divorce or Dissolution case. • Case must have proceeded in Trumbull County Family Court – Domestic Relations Juvenile • Unwedded parents • visitation and/or custody • All third party custody (or visitation) matters You will need to know and list this when completing the “Caption” or top portion of certain forms related to your case.

When filing you must also determine where you are at in this Process? Complaint • USE when filing a NEW action – nothing has been filed with the courts regarding visitation or custody of minor child/ren. Motion • USE when there is an existing court order regarding visitation and/or custody of minor child/ren.

Parent Proceeding Affidavit -REQUIRED • Required by the Court with ANY action pertaining to custody or visitation of minor children. • Identifies where the children have lived for the past 5 years • Identifies any court cases involving minor children and/or parties of case that may have bearing on the present case

Instructions for Service Required for ALL cases • “Service” refers to the other party receiving notice of a court filing. • “Service” must be accomplished in order for case to proceed. • You will need a valid address of other party/ies. • If there is no service, the law allows us to Publish or Post. • Service is usually done first via Certified Mail. • If its Unclaimed or Refused, then Regular Mail is used. • Check client packet for more information on service.

Notice of Hearing – Required Exception – Included on Third Party Complaint Used to indicate when the Court will hear your case. A copy is sent to the other party/s involved.

Case Specific Forms The next few slides will cover different forms to use depending on what type of case you need to file. Your packet should already include forms related to your indicated case type. If, however, you believe you need a different packet or additional forms, please advise paralegal. Follow your Document Checklist to ensure you have required forms completed for your case.

Complaint for Parentage – Custody or Visitation for a Parent Use when a parent is requesting visitation (typically unwed father) OR a custody action. No prior Court order establishing custody or visitation time exists Select a response for items 1 – 6 Key Items • #4 - if parentage has been established (DNA test, hospital affidavit, etc. ), include documentation when filing the complaint • #6 – can select more than one option • If requesting court to order appropriate support, etc. , complete and file Income and Expense Affidavit • For custody, if you are asking Court to adopt Shared Parenting (or Parenting Plan), you must file the proposed plan. Ideally it is signed by the other party. Parenting plan discussed later

Complaint for Custody – Third Party Use when a relative who is not a parent seeks to become legal custodian of minor child/ren. Petitioner has possession of child/ren and expects this to be a permanent arrangement.

Motion to Modify Custody or Visitation Used when a Parent want to change and existing order Use when a parent wants to modify existing custody or visitation order Use EITHER change of parental rights (custody) or change of parenting time (visitation) • Be prepared to support the reason for the modification request • Be specific on what your are requesting • For custody modifications, if you are asking the Court to adopt shared parenting plan/parenting plan, attach the proposed plan when filing. Ideally it will be signed by other party. • Parenting plan discussed later

Preparing for Court • When you file the forms related to your case, you will likely be assigned a hearing date. It is important that you BE PREPARED to present the facts and issues of your case. Even if the other parties agrees to your request, the Court will want to hear how this decision is in the best interest of involved child/ren. • Read the additional information in your client packet • Complete the Case Presentation Form in your packet and use it as a guide • Bring 3 copies of any supporting evidence (papers) - be organized • Bring a character witness • Document, document – keep a journal record of concerns related to your case – include your responses to other parties actions

Courtroom Etiquette • Be on Time – Plan to show up 15 minutes before scheduled hearing • Dress Appropriately - No shorts, jeans, tank tops or flip flops • Use proper titles when addressing Court personnel - Your Honor, Judge or Magistrate • Remain respectful in your interactions with the other party

What the Court Will Decide • The Court will consider your presentation and any proposed parenting plans through the lens of the “best interest” factor. This includes matters of: • Custody • Visitation • Support • Medical Insurance, etc. • The Court generally supports that the child have access to a relationship with both parents unless there is a real threat to the safety and well-being of the child/ren

Court’s Decisions are Reflected in Judgment Entry For ALL Custody cases, you should present a proposed Judgment Entry during the final hearing. Keep in your packet until the final hearing. Third Party Cases there is only ONE option in packet. Parent actions have two options – one that requires use of a Parenting Plan/Shared parenting plan or one that does not involve such plans.

Key Considerations The Court prefers when parties can work together to decide parenting issues such as custody, visitation, support, medical coverage, etc. Contested cases can be time-consuming, costly, and harm the child/ren involved. • Consider hiring an attorney • Seek to resolve issues through mediation • Attend parenting classes (court ordered or on your own) • Use communication tools like “Our Family Wizard” • Ask a third party (like a grandparent) to be the designated drop off/pick up location to avoid potential for heated interactions with other party

Short Break • After break we will: • Discuss and complete additional forms required for various sorts of custody and some visitation related cases • Direct you on filing your paperwork • Closing Activities • Complete “Post-Workshop” survey • Notarize any documents (as applicable) and Stamp “Document Checklist”

Poverty Affidavit - Optional • There is a cost to file any court action ($140 for complaint, $100 for motion) • In some instances, the Court may postpone payment and allow the case to proceed. • You will still owe the fees • Any Post-Decree “Motion” is not eligible • A Poverty Affidavit is required to ask the Court to postpone court filing fees. • If denied, you will need to pay fees up front.

Affidavit of Income and Expenses Required for Parental Custody Cases and Visitation Cases when party wishes the Court to review/address support • Required for custody cases and visitation cases if you will want to discuss child support. • Do not leave blanks. Write “ 0” or draw a line through spaces that do not apply to you. • Draw line through the other party’s side on pages 1 and 2 • Add up your total yearly income – page Income Sections A and B on pages 1 and 2. • Add totals for sections A – H and Grand Total of Monthly Expenses on bottom of page 6.

Health Insurance Affidavit Required for Parental Custody Cases • Complete for Parental Custody Cases • Used by the Court to determine who may be responsible and/or able to provide health care for the child/ren

Child Support Application – Required for all Parental Custody Cases • Complete for all Custody Cases

Subpoena and Exhibit - Optional • Used in Custody Cases to help Court gather required information to issue a Support Order

Parenting Plan or Shared Parenting Plan • Parenting Plans set forth the agreed (or proposed) arrangements for custody, visitation, support and other issues related to the child/ren • Must include a detailed parenting time schedule indicating regular and holiday visitation time • This can be the Court’s Standard Visitation Order • Sets absolute boundaries when/if parents don’t agree on requested deviations • Shared parenting plans available but won’t be covered in detail during workshop • If you desire a copy of shared parenting plan to complete please ask paralegal

What Next • • Notarize Affidavits if not completed and/or notarized during workshop. • Make 3 Copies of All Paperwork. Clerk will charge you 5 cents per copy. Have Paralegal review documents and stamp your document checklist indicating to Court you attended this workshop. • Include paternity documentation, as applicable • Read additional information in Workshop Packet.

Post Workshop Procedures Make sure you have marked the appropriate box next to each item on your “Document Checklist. ” • You will submit this checklist to the court when you file paperwork. Complete Post-Workshop Survey located on other side of Pre. Workshop Survey. You will have about 15 minutes to complete any required forms that you may not have finished during presentation. Turn in survey and unused court forms to Paralegal.