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Agreed Change Of Custody 31(B)(2) - Ohio

Agreed Change Of Custody 31(B)(2) Form. This is a Ohio form and can be used in Post Marriage Decrees Tuscarawas County (Court Of Common Pleas) .
 Fillable pdf Last Modified 4/7/2005
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AGREED CHANGE OF CUSTODY 31(B)(2) Common Pleas Court 1. PRO SE COVER LETTER 2. INSTRUCTIONS 3. AGREED MOTION FOR CHANGE OF RESIDENTIAL PARENT FORM 4. AFFIDAVIT REQUIRED BY O.R.C. 3109.27 5. AGREED ENTRY 6. AFFIDAVIT OF INDIGENCY 7. FINANCIAL AFFIDAVIT 8. NOTICE REGARDING CUSTODY 9. GRIEVANCE FORM American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 2 AGREED CHANGE OF RESIDENTIAL PARENT AND LEGAL CUSTODIAN COMMON PLEAS COURT INSTRUCTIONS Attached is a form motion requesting a change of residential parent and legal custodian. It can only be used when the parents are divorced or have obtained a dissol ution and both parents agree to the change. These instructions are intended to be a general gui de to help you get the form filled out, filed with the Court, and properly before the Judge. Th ese instructions are not intended to be a legal analysis of your request or advice as to whether you should win your motion but are merely to assist you in preparing and presenting your req uest. If you have any doubt or question as to whether you can use these papers , contact an attorney. CAUTION! CHANGING THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN IS SERIOUS! A PARENT WHO GIVES UP HIS/HER RESIDENTIAL PARENT AND LEGAL CUSTODIAN STATUS MAY NEVER GET THE RIGHT TO HAVE HER/HIS CHILD LIVE WITH HER/HIM AGAIN. IF YOU HAVE ANY DOUBT ABOUT CHANGING THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN, DONT DO IT, OR CONTACT A LAWYER. A. FILLING OUT THE FORM 1. All of the enclosed forms should be filled out before you go to the Cour thouse to file it. The Clerk of Courts staff will not help you in completing the f orms. 2. At the top of each form, fill in the name of the Plaintiff, the Defendan t, and the case number. This information is available from your final divorce or di ssolution decree or on other papers that have been previously filed with the Court. If you do n ot have the case number you can get it from the Clerk of Courts when you go to file the Motion. The motion must include the addresses of all parties in the caption. You must file the Motion in the same court that first awarded custody, even if you or your ex-spouse live somewhere else now. 3. In the second paragraph of the Motion there is a space for you to list t he reason or reasons that you have for wanting to change the residential parent and l egal custodian. You should be specific. Start by stating who has custody (or is the residen tial parent and legal custodian) now and who you want to change it to. You do not have to lis t here all of the facts that support your request or everything that has happened to you that ca uses you to want to change the residential parent and legal custodian. However, you have to be specific enough so that the Judge will know from reading your Motion why you want to change the residential parent and legal custodian. American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 3 4. Both of you must sign the form and print your names, current addresses, and phone numbers. Do this on the spaces under the words Respectfully subm itted. 5. Fill out all four pages of the affidavit of income, expenses, and financ ial disclosure. Answer all questions as completely and accurately as you can . Fill in the income and expenses for both of you as best you can. Both of you must sign the affi davit in front of a Notary Public. 6. Fill out the document called Affidavit Required by O.R.C. 3109.27. I n the first paragraph are blank lines for you to list the names of your children. In the next paragraph you must list the addresses where the children have lived for the past five years, the dates they lived there, and the names of the people they lived with. Read the next four p aragraphs carefully. If any of the information printed there is incorrect you should cross it ou t before signing the form. Both of you must sign the affidavit in front of a Notary Public. 7. Fill out the Affidavit of Indigency if both of you are unable to pay cou rt costs for this Motion. To find out the cost you should call the Clerk of Courts. S ign the affidavit in front of a Notary Public. 8. Both of you should sign the Agreed Entry on the lines under the word Approved. If you are trying to change custody to a third person, tha t person should sign this Entry also. 9. Make three copies of every page. B. FILING THE MOTION 1. After the form is filled out and copied, go to the Clerk of Courts offic e on the second floor of the County Courthouse. That is the only place you can fi le the Motion. 2. The Clerks staff will take the original and one copy of the Motion. You should ask the Clerk to time-stamp your copies of the Motion. This is your proo f that you filed it. C. PREPARATION FOR THE HEARING 1. Since both of you are in agreement about the change of residential paren t and legal custodian, it is possible that the Court will issue an order witho ut requiring a hearing. If a hearing is scheduled, you should follow the instructions below. 2. It helps a lot if you are prepared for the hearing. You should dress as you would for a job interview and have with you any witnesses that you wish to use to support your request. Your child or children may also be able to testify about the change of r esidential parent and legal custodian. American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 4 3. The Judge will want to know basically these things: Why you want to chan ge the residential parent and legal custodian and whether the change is in the best interests of the child or children. 4. At the hearing you will be asked questions by the Judge or by an attorne y. Be directly responsive to the questions. Listen to the question and make su re that you provide the information that you are asked for. If you do not understand the questio n or are not sure what you are being asked, you have the right to have the question explained t o you before answering it. 5. This Motion does not deal with the issue of child support. However, you should know that the Court always has the authority to order child support. GOOD LUCK! American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 5 IN THE COURT OF COMMON PLEAS OF COUNTY, OHIO * * Plaintiff/Petitioner, CASE NO. * VS. * AGREED MOTION FOR CHANGE OF RESIDENTIAL PARENT AND Defendant/Petitioner. * LEGAL CUSTODIAN Now come the parties herein who jointly move this honorable Court to cha nge the residential parent and legal custodian of the mi
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