MOTION TO MODIFY VISITATION RIGHTS - Tuscarawas County

MOTION TO MODIFY VISITATION RIGHTS(After Divorce or Dissolution)INSTRUCTIONSThis packet contains three (3) legal forms and samples of each that you can use to request amodification in your visitation rights. The forms enclosed are: (l) Motion to Modify Visitationand Order, (2) Poverty Affidavit, and (3) Affidavit Containing Child Custody Information.These instructions are intended to be a general guide to help you get the forms filled out, filedwith the court, served on the opposing party and to get your request properly before the judge.These instructions are not intended to be a legal analysis of your request or whether you shouldwin your motion but merely to assist you in preparing and presenting your request. PLEASEREAD ALL THE INSTRUCTIONS BEFORE YOU BEGIN TO COMPLETE THE FORMS.A. FILLING OUT THE FORMS:1. Except for the blanks under the words "Notice of Hearing", you should fill out the formbefore you go to the courthouse to file it. Other than telling you the time and date of the hearingand telling you the proper case number, the Clerk of Court’s staff will not help you in completingthe forms.2. At the top, fill in the name of the plaintiff, the defendant, and the case number as writtenon your divorce or dissolution papers or other court documents giving your visitation rights. Ifyou do not have the case number you can get it from the Clerk of Court when you go to file themotion.3. In the first paragraph of the motion, there is a space for you to list the reason(s) you havefor wanting the visitation rights changed. You should be specific. You must write down whathas happened since the visitation rights were made that entitles you to have visitation changed.For example, if the visitation rights were originally limited to your ex-spouse's home because thechild was very young, and the child is now old enough to go elsewhere and stay, you could saythat. If you have moved away since the visitation rights were determined and the orderoriginally provided that the child visit every weekend and now you cannot afford to do that andwant half of the summer and time at Christmas instead of every weekend, you should say that.4. In the second part of the first paragraph, you need to write down what visitation rights youwant the judge to grant you.

MOTION TO MODIFY VISITATION5. You must sign the form and print your current address. Do this on the three lines underthe words "Respectfully submitted."6. Under the words "Instructions for Service" print the name of the person who has custodyof the child(ren) in the first blank and the street address, city, state and zip code in the secondblank. You must have a valid address of the absent parent for the Clerk's office to mail themotion to. If you do not have a valid address for the absent parent, do not bother filing themotion. The judge has no authority to grant your motion unless the other person has been servedwith a copy of the papers and has been given an opportunity to be heard on the motion.7. Leave the "Notice of Hearing" blank until you are at the courthouse and ready to file themotion. The Clerk's office may give you the date and time of the hearing. If they do, fill in theblank on each copy while at the Clerk's office.8. Fill out the top portion of the "Order" by putting in the name of the county, thePlaintiff's name, and the Defendant's name.9. To complete the "Affidavit of Inability to Prepay" and "Affidavit Containing ChildCustody Information", you should fill out the top part of the forms exactly like you filled out thetop part of the motion form. All you have to do on the rest of the forms is answer the questionsto the best of your ability. Once the forms are completed, they need to be signed by you, in frontof a Notary Public. DO NOT SIGN THE POVERTY AFFIDAVIT UNLESS YOU AREBEFORE A NOTARY PUBLIC. You may be able to get the Clerk of Court to notarize the formfor you when you file the motion.B. FILING THE MOTION:1. After the forms are filled out, make two (2) copies of it and go to the Clerk of Court’soffice of the Common Pleas Court at the county courthouse where the last order for visitationwas made. This is the only place you can file the motion.2. There will be a filing fee. This is to be paid in cash or by money order. The Clerk's officewill not accept your personal check. If you do not have the money to pay the filing fee, you canuse the poverty affidavit form enclosed in this packet to file your motion.3. The Clerk of Court staff will tell you the time and date of the hearing. It will be scheduledapproximately one (l) month from the date you file your motion. You should fill in the date andtime on all three (3) copies of the motion. That way, the copy that the other person receives willhave the correct time and date on it and so will your copy.4. The Clerk of Court staff will take the original and one (l) copy of the motion. You shouldask the Clerk to time-stamp your copy of the motion. This is your proof that you filed it.

C. PREPARATION FOR THE HEARING:1. It helps a lot if you are ready for the hearing. You should be neat and clean and must havewith you at the time of the hearing any witnesses that you want to verify why the visitationshould be changed. You should also have with you any papers or other documents or evidence(such as work schedules, etc.) that you want the judge/magistrate to see during your case.2. You should have in front of you at the start of the hearing the specific part of the court'sprior visitation order that you want to have changed. You should tell the judge/magistrate inclear and simple terms why you want the change and why it is in the best interest of yourchild(ren) to have the visitation changed. The hearing is the only opportunity you will have topresent your side of the story, so make sure that you include everything in your testimony. Itmay be helpful if you sit down before the hearing and make a written outline of everything thathas happened that you believe entitles you to a change in visitation so that you will havesomething you can use to remind yourself of what it is you want to say when you testify.3. VERY IMPORTANT! This is not the time to tell the judge/magistrate things other thanthe visitation problems. The judge/magistrate will only want to hear the evidence that you havethat shows or supports the specific change that you want. Your motion is only directed at amodification of visitation rights. If you try to tell the judge/magistrate about other things in yourtestimony, the judge/magistrate will not hear the motion and may dismiss it. So, be prepared tolimit your testimony to those issues raised in your written motion.4. At the hearing you may be asked questions by the judge/magistrate, or by the absent parentor the absent parent's attorney, if there is one. You should try to answer the questions and shouldanswer them truthfully, but you do not need to volunteer information if you believe thatinformation is not helpful to you. Listen to the question and make sure that you are providingthe information that you were asked. If you do not understand a question, or are not sure whatyou are being asked, you have the right to have the question explained to you before answeringit.5. The judge/magistrate may not make the decision to grant your motion at the end of thishearing. Listen closely to what the judge/magistrate has to say at the end of the hearing to knowif the matter will be taken "under advisement" or if the motion is granted immediately that day.GOOD LUCK!

IN THE COURT OF COMMON PLEASCOUNTY, OHIO_________________________CASE NO.vs.Plaintiff,JUDGE_________________________Defendant.MOTION TO MODIFYVISITATION RIGHTS(Oral Hearing Requested)I, ____________________________, move this Court to modify the visitation rightspreviously granted by this Court. A change in visitation rights is required because:____________________________________________________________________________________________________________________________________________________________I would like visitation changed to:______________________________________________________________________________Respectfully submitted,(signature)(address)

NOTICE OF HEARINGTake notice that a hearing will be held on the foregoing motion in the ______________County Court of Common Pleas before the Judge, whose name is set forth above, on____________, the ____ day of ____________, 20___, at _____ o'clock ___.M.INSTRUCTIONS FOR SERVICETO THE CLERK:Please serve , at ,with a copy of the motion and notice of hearing by CERTIFIED MAIL, RETURN RECEIPTREQUESTED. Should service fail, please notify me so a better address may be found.Thank you.

IN THE COURT OF COMMON PLEAS______________ COUNTY, OHIO_ _______________________, Case No._ ___________Plaintiff,vs.JUDGE_________________________ ,Defendant.ORDERUpon motion of_______________________ and for good cause shown, the herein matteris set for hearing on ________________, 20___.___________________________JUDGE

IN THE COURT OF COMMON PLEASCOUNTY, OHIODECLARATION UNDER UNIFORM CHILD CUSTODY ............................................................... Case No.JURISDICTION AND ENFORCEMENT ACT (UCCJEA)Division: Domestic Relations/JuvenileI, (full legal name)__________________________________, being sworn according to law, certify thatthese proceedings involve the custody of a child, or children and the following statements are true:1. [ ] I am requesting the court to not disclose my address or that of the child(ren). My address isconfidential pursuant to ORC 3127.23(D) and should be placed under seal in that the health, safety, orliberty of myself and/or the child(ren) would be jeopardized by the disclosure of the identifying information.2. (Number): ___________ Minor Child(ren) are subject to this proceeding as follows:(Insert the information requested below. The residence information must be given for the last FIVE years.)a. Child’s name Place of birthDate of birthSexPeriod of residenceTo PresentAddress □ConfidentialPerson child lived with (name & address)Relationshiptotototoa. Child’s name Place of birthDate of birthSexPeriod of residenceTo PresentAddress □ConfidentialPerson child lived with (name & address)Relationshiptototo

toa. Child’s name Place of birthDate of birthSexPeriod of residenceTo PresentAddress □ConfidentialPerson child lived with (name & address)Relationshiptotototo□ Additional children are listed on Attachment 2e. (Provide requested information for additional children on anattachment.)3. Participation in custody proceeding(s): (only one)____ I HAVE NOT participated as a party, witness, or in any capacity in any other litigation, in this oranother state, concerning the custody of or visitation (parenting time) with any child subject to thisproceeding.____ I HAVE participated as a party, witness, or in any capacity in any other litigation, in this or any otherstate, concerning the custody of or visitation (parenting time) with any child subject to this proceeding.Explain:a. Name of each child ....................................................................................................................................b. Type of proceeding ....................................................................................................................................c. Court and state ...........................................................................................................................................d. Date of court order or judgment (if any): ............................................................................................................................................................................................................................................................................4. Information about custody proceeding(s): (only one)____ I HAVE NO INFORMATION of any proceedings that could affect the current proceeding, includingany proceedings relating to custody, domestic violence or protection orders, dependency, neglect orabuse allegations or adoptions concerning any child subject to this proceeding .____ I HAVE THE FOLLOWING INFORMATION concerning proceedings that could affect the currentproceeding, including any proceedings relating to custody, domestic violence or protection orders,dependency, neglect or abuse allegations or adoptions concerning any child subject to this proceeding,other than set out in item 3. Explain:a. Name of each child ....................................................................................................................................b. Type of proceeding ....................................................................................................................................c. Court and state ...........................................................................................................................................d. Date of court order or judgment (if any): ............................................................................................................................................................................................................................................................................

5. Persons not a party to this proceeding: (only one)____ I DO NOT KNOW OF ANY PERSON not a party to this proceeding who has physical custody orclaims to have custody or visitation rights with respect to any child subject to this proceeding.____ I KNOW THAT THE FOLLOWING NAMED PERSON(S) not a party to this proceeding has/havephysical custody or claim(s) to have custody or visitation rights with respect to any child subject to thisproceeding:(See next page)a. Name and address of person .....................................................................................................................( ) has physical custody ( ) claims custody rights ( ) claims visitation rightsName of each child ........................................................................................................................................b. Name and address of person .....................................................................................................................( ) has physical custody ( ) claims custody rights ( ) claims visitation rightsName of each child ........................................................................................................................................c. Name and address of person .....................................................................................................................( ) has physical custody ( ) claims custody rights ( ) claims visitation rightsName of each child ........................................................................................................................................6. Knowledge of prior child support proceedings: (only one)____ The child(ren) described in this affidavit are NOT subject to existing child support order(s) in this orany state or territory.____ The child(ren) described in this affidavit ARE subject to the following existing child support order(s):a. Name of each child ....................................................................................................................................b. Type of proceeding ....................................................................................................................................c. Court and address ......................................................................................................................................d. Date of court order or judgment (if any): ....................................................................................................e. Amount of child support paid and by whom: ..............................................................................................7. I acknowledge that I have a continuing duty to advise this Court of any custody, visitation, childsupport, or guardianship proceeding (including dissolution of marriage, child neglect, ordependency) concerning the child(ren) in this state or any other state about which information isobtained during this proceeding.I certify that a copy of this document was (only one) ( ) mailed ( ) faxed and mailed( ) hand delivered to the person(s) listed below on (date) ...........................................................................Other party or his/her attorney:Name:................................................................................................................................................Address:City, State, Zip:........................................................................................................................... Fax Number:I understand that I am swearing or affirming under oath to the truthfulness of the statements made in thisaffidavit and that the punishment for knowingly making a false statement includes fines and/orimprisonment.Dated:..............................................................................................................................................................Signature of PartyPrinted name:....................................................................................................................................Address:City, State, Zip:.....................................................................................................................................Phone:Fax:STATE OF OHIO

COUNTY OF ___________Sworn to or affirmed and signed before me on this ............................................................................ day of .........................................................................................................................................................................Notary Public...................................................................................................................................My commission expires4/11/05