Parenting Time in one county-CS order in another

[williaer]

I recently gained joint custody of my oldest child via shared parenting agreement with her mother. In this order we drew up together, we were made (by the magistrate) to include CS and financial issues. Both of those original orders were in the same court- no problem.

We did this- the agreement was approved and ordered.

I would now like to have a similar agreement with my younger duaghters mother, and beleive she too will agree,however, the CS order is in one county and the parenting time order is in another. We currently have a "normal" parenting time plan in Franklin County.We all live in Ohio.

1.How do I draw up a shared parenting plan that includes financial issues and child support if the orders are in different counties?

2. Do I start with the court that has the current parenting time order for modification and then they have the power to order a modification of CS to comply with the new shared parenting plan?

Thanks in advance

[socrateaser]

>1.How do I draw up a shared parenting plan that includes
>financial issues and child support if the orders are in
>different counties?

>
>2. Do I start with the court that has the current parenting
>time order for modification and then they have the power to
>order a modification of CS to comply with the new shared
>parenting plan?
>
>Thanks in advance

If you are saying that you have two different orders affecting your custody and parenting of the child in two different counties, and under two different case numbers, and niether court is aware of the other court's orders, then that is a big screw up.

The second order should not have been permitted until you obtained a change of venue order from the first court, thereby transferring the case file to the second court, which would then add the parenting plan to the existing case file.

If the second court is aware of the first court's orders, then you only need to deal with the second court, because the first orders will be in the second court's case file, or at least referenced therein. This would be an unusual situation, but it would imply that you received a change of venue, even though you never asked for it expressly.

If the second court is unaware of the first court's orders, then you should go to the first court and move for a change of venue, on grounds that the second court has already entered subsequent orders inadvertantly and that none of the parties remains in the first court's county, so it is fair that the second court assume authority over the case.

Then, the first court will transfer the case, after which (oy vey), you must ask the second court to consolidate the two case numbers into one ongoing case under the second court's case number. Otherwise, your first case will remain lost in space.

[williaer]

I wasn't clear, I'm sorry.

For the same child I have a parenting time for her in one county- that is a standard visitation- nothing that alters child support.

I also have, for the same child a child support order (seperate, of course- we were never married) in the county where we lived when the child was born.

We lived in one county at birth-established the child support, but had no formal custody order.

We relocated, seperately, to another county and after many fights and issues, I filed for a formal visitation order in that county.

1. I will file for the modification of the custody order in the county where it is established, I understand that. If we can agree, we will just file the shared parenting plan.

Question is- can we also agree to and modify the child support with this same agreement, or would that have to be a seperate filing?

Like I mentioned, the other court that dealt with my first child forced us to include all of that in the shared parenting order, so that's where I get the idea that I have to include it.

[socrateaser]

>Question is- can we also agree to and modify the child support
>with this same agreement, or would that have to be a seperate
>filing?

You can, but you will need to file a motion for a change of venue in the other county so as to bring your case file to the new courthouse.

If the state is involved in the case (because the other parent received public assistance, or is collecting, and you are in arrears), then you must notice the county agency of your motion for a venue change, if you want to modify both support and custody in the same action. The county will object if they can still collect any more for their own county budget. In which case, you will be stuck going back to the other county to modify support.

If you're not in arrears and no public assistance is being reimbursed, then the county agency, or they county was never involved in your case, then you will be able to move your case and consolidate it with the new custody/parenting action.

[williaer]

That makes sense- so, just so I get it straight

1. I need to file for a change of venue for the child support case to the county where the paretning time order is.

( I am not in arrears and she has never been on assistance)

2. Once the case has changed venue, then I can file the shared parenting plan, including the time and money issues in one filing, under the new combined order number.

I "think" she will agree to this, but I am not 100% sure, so we shall see.


Thanks for the help, it turns out to be a bit more complicated than I hoped, but aren't most things in family court.

[socrateaser]

>That makes sense- so, just so I get it straight
>
>1. I need to file for a change of venue for the child support
>case to the county where the paretning time order is.
>
>( I am not in arrears and she has never been on assistance)

Yes.

>
>2. Once the case has changed venue, then I can file the shared
>parenting plan, including the time and money issues in one
>filing, under the new combined order number.

Yes, although you must also file a motion to consolidate with the custody plan, so that the court clerk will know to put the file from the other county and your county together under one case number.