Her mother has her residentially for school purposes but now my daughter wants to move back in with me in another school district. Can this be handled out of court and either way how do and where do I start this process.
Joint custody, also referred to as "shared parenting", allows for a parent to obtain residential custody of a child by proving that such a change would be in the best interest of the child. In order to prove best interest, a party can present to the Court evidence of a child's wishes and/or ask that the Court conduct an interview with the child privately (called an 'in camera" interview) to determine the child's wishes. While the child's wishes are not determinative of his or her placement, they can be considered in the Court's determination of best interest. The older and more mature the child, the more heavily his or her wishes will be considered. This matter could be handled mostly out of Court by agreement between the parties, who would then file an agreed entry establishing you as the residential parent. If the parties are not in agreement, you would likely then have to file a motion to modify the existing parenting order.
There is a common urban myth about an age of election in Ohio---there is no magic age. A child's wishes are only one of 17 factors a Court can consider in an action to modify rights of parental responsibilities, including custody and companionship.
If the two of you, yourself and the mother of the child, agree to either a modification of the Shared Parenting Plan in existence or to a change of custody, an agreed Order can be filed with the Court, and often, a Judge will sign this with appropriate waivers without a hearing. You'll still probably want a lawyer to draft the changes to your existing Order, the Waivers to eliminate the need for a Trial, and the Motions to make the change. Trust me-- spend the money to get the job done correctly.
Alternately--some Courts have a Court Mediation Service--might come in handy here.
If there is no agreement, however, you will need a hearing to determine the best interests of the child-- if you seek to alter the existing Orders. Good Luck.
The other two attorneys have given very sound guidance I only write to add that the 17 factors the court uses may be found in the Ohio Law. R.C. 3109.04 (F)(1). Attached is a link to an article I wrote and posted to this site concerning all that a court will evaluate when deciding whether to grant or modify a shared parenting order.
As a more practical matter I really liked Attorney Bogen's suggestion of using Mediation or some other nonadvasarial process. If your court has one do connsider it. I am aware that Summit County has adopted such a program through their Family Court Services. These programs are beneficial in several ways as they: 1) eliminate many of the costs or expenses, 2) achieve much more timely resolutions and 3) are less stressful to the parents who are permitted to take a more colaborative approach focused on the child(ren).
Good luck
Sadly these cases are often about child support as much as the best interests of the child. Hopefully mom comes around if that is what your daughter wants. Your daughter should also have a discussion with her mother. If she's old enough to make this decision, she's old enough to speak maturely with both parents. Her mother's reaction will likely tell you how things are going to go.
