Section 5 - Motions- Post Decree

5.4 Contested Custody - Post Decree

         When there is no agreement, a Motion To Reallocate the Parental Rights and Responsibilities of a child or children will require a Determination Hearing before the assigned Judge. Initially, the Motion, the Affidavit in Compliance with 3127.23 and an affidavit in support of the Motion signed by the moving party must be filed. If it appears there may be a change of circumstance that may affect the best interests of the child, the Judge will order the appropriate investigation. If the child or children involved are under 12 years of age, a Full Investigation is necessary. If the child or all children involved are over 12 years of age, a Modified Investigation is necessary. In order to initiate the investigation following the court order, the moving party must pay the appropriate investigation fee with the Clerk of Courts in Room 3-47. The party then must present the Entry Ordering Investigation (Form No. 2.5) - stamped "Cost Paid" by the Clerk of Courts- and a completed Parenting Department Request for Services Form (Form No. 2.4) to the Domestic Relations Department of Parenting Services Room 2 - 68.


    The procedures for post decree investigations and hearings before the assigned Judge are the same as pre-decree situations (see prior instructions).

 

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