What if the other parent is not making child support payments? The court will consider whether a parent is helping to support their child.

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1 How Does the Court Decide Which Parent Should Have Custody? Will the Court ask what I want? The court will allow each parent to tell who the child should live with and why. Will the Court ask my child what they want? You can ask the court to talk to your child. This is called an in-camera interview. The judge/magistrate will meet with your child in private and will ask your child who they want to live with. Does it matter if there are other children in the home? The court will look at how the child gets along with brothers, sister, step-siblings or anyone else living in the home. What if my child does not get along with the other parent? The court will consider how the child interacts with each parent and how each parent interacts with the child. Does it matter how my child is doing in school? The court will look at how your child is doing in school, at home, and in other activities. What if my child has special needs? The court will consider the mental and physical health of the child and which parent can best meet those needs. What if I have health problems? The court will consider any physical or mental health problems that might affect a parent s ability to take care of your child. What if the other parent did not let me visit my child? The court will consider which parent has and will do a better job of making sure visitation occurs. What if the other parent is not making child support payments? The court will consider whether a parent is helping to support their child. Does it matter if I want to move out of state with my child? The court will consider if a parent has moved to another state, is going to move to another state, and why, in deciding the best interest of the child. What if one of the parents has been charged with child abuse or neglect? The court will consider if someone was charged, whether they were found guilty, and the facts of the case in placing the child. Which factor is the most important? The court will look at all of these factors. No one factor is the most important. After considering all factors, the court will decide which parent it would be in the best interest of the child to live with in the future. Will the Court talk to my child? Any child who is mature may state an opinion as to who should be the legal custodian. You can file a Motion for In Camera Interview to ask the court to listen to the child s wishes. You also may ask the court to appoint a guardian ad litem (GAL). A GAL will investigate and report to the court. The GAL will talk with parents, teachers, counselors and others and review records. The GAL also will talk with the child. You should cooperate with the guardian ad litem who has been appointed on the case.

2 A CHILD CANNOT CHOOSE WHERE TO LIVE In 1990, the Ohio legislature abolished a 12-year-old child s ability to decide which parent should be his or her custodian. This was called election. The child s preference is but one factor for a court to consider in an initial custody determination or when changing custody. If custody has never been determined, the parents are on equal footing. The court must decide what is in the child s best interests by reviewing certain factors. Some of these factors are: the desires of the parents; the desire of the child; whether a parent is moving out-of-state; or which parent will allow and facilitate parenting time. The court balances all of the factors to determine what is in the child s best interests. The law specifically prohibits any person from obtaining or attempting to obtain a child s preference either in affidavit form or in a statement form. It is best NOT to ask your child where she or he wants to live. If there is a hearing, the court may interview a child to determine his or her wishes. This information prepared by and distributed by Southeastern Ohio Legal Services This information is not intended to be a substitute for legal analysis. Please consult with an attorney. To contact your local legal services office, call LAW-OHIO P:\Forms-Macros\Forms\Publications\Pamphlets\family\Zanes child choose.wpd

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5 Representing Yourself in Court? How to Use Photographs, Letters, Business Records, and Other Evidence to Help Prove Your Case What is Evidence? Evidence is anything you use to prove your claim. Evidence can be a photograph, a letter, documents or records from a business, and a variety of other things. All evidence that is properly admitted will be considered by the judge. Your case probably will be decided by a judge. If there is a jury, it will look at admitted exhibits during its deliberations. For example: In a request for change of custody, the child s school records could be introduced as evidence that the child s grades have dropped or he/she has missed a significant amount of school while living with the other parent. In a domestic violence or stalking civil protection order case, a photograph of any injury you suffered or a threatening letter written by your abuser may help your case. In a divorce case, a copy of tax return documents or documents showing who has title to a car may be introduced as evidence.

6 Why Use Evidence? Ø Evidence is more believable and trustworthy than what a person says. For example, in a domestic violence case, if you say that your ex-boyfriend has left you threatening messages but he testifies that this is an absolute lie, the judge may not know whom to believe. However, if you submit a tape recording of one of these messages the judge will be more likely to believe you. Ù Evidence may make something easier to understand. A picture is worth a thousand words. Some things are hard to explain in words, while a drawing or photograph is descriptive and clear. How Do I Present Evidence to the Court? Each court is different, but in most courts, you can t just walk into court with a photograph or document and show it to the judge or jury. There are many things you must do before the court will even look at the evidence you have. Further, there are many different types of evidence, and the rules for using each type of evidence are different. Once you follow these rules, your evidence will be admitted. Steps to Follow to Admit Evidence º Before you ever go to court, think about the evidence you want to use to prove your case. Mark each piece of evidence with an exhibit number (attach a sticker labeled Exhibit 1, Exhibit 2, etc.) Exhibit 1 º Bring these marked Exhibits with you to court. When you want to show the court one of the exhibits, do the following things: ì Show the exhibit to the other party or the other party s attorney. í Then lay the foundation for the evidence. To do this, you must show that the evidence is relevant to your case and authentic (not a forgery). Depending upon what you want the court to consider, follow the rules listed in this pamphlet for laying the foundation - explaining why and how the exhibit is connected to your case. Ú Either you or your witness must testify about the exhibit. Û Ask the court to admit the exhibit into evidence. The other party or attorney may object to the exhibit for some reason. Try to answer these objections as best you can. If you can t, let the judge decide. Ü If there are no objections from the other party, or the judge has ruled in your favor, ask the court to admit the Exhibit into evidence.

7 Laying the Foundation for Photographs 1. Explain why a photo is connected to your case. For example: This photo shows the injury I suffered after my ex-boyfriend punched and kicked me. 2. Explain how you know about what is in the photo. For example: I had my sister take this photograph within 2 hours after the incident occurred and went to get the film developed myself the following day. 3. Explain that the photo is timely. For example: At the bottom right-hand corner of the photo is the date on which it was taken. As you can see, the photo was taken on the same day that the incident occurred, which is also the same day the police arrested my ex-boyfriend. 4. Explain that the photo fairly and accurately shows what is depicted in the photo as it appeared on the date relevant to your case. For example: This photo is a fair and accurate depiction of how my face and side looked two hours after the incident and for the next two weeks. Foundation for Letters 1. Explain why the letter is connected to your case. For example: This is the letter that I received from my ex-boyfriend shortly before he beat me up." 2. Explain when and how you got the letter. For example: This letter was shoved under the door to my apartment some time before 6 p.m. on Wednesday, January 2, I found it on the floor when I came home from work that day. TIP When using photographs, it is best to use color photos and enlarge them, if possible. 3. Prove that the signature is that of a party to the case. Ways to prove this: Explain to the court: that you are familiar with the other party s signature, how you came to know that person s signature, and that it is your opinion that the signature on the letter is the other party s signature.

8 Call a witness who is familiar with the party s signature, and ask the witness: Do you know the other party in this case? Are you familiar with the party s signature? How? Then show them the letter and ask Is this the other party s signature? Call the person who signed the letter. Show the witness the document, and ask the witness if that is his or her signature. (Only do this if you think they will admit to it). 4. Explain that the letter is in the same condition now as when you received it. ( The letter was kept in a safe place and nothing has been changed since I received it. ) Laying the Foundation for Documents and Records From Businesses 1. Explain how the document or record is related to your case. 2. Call a witness from the business/agency that produced the record, ask the witness what his or her responsibilities are at the business/agency and how he or she is involved in record keeping. 3. Show the witness the record and ask him/her if it is a record from the business/agency. 4. Ask the witness: Was the record made by a person with knowledge of the acts or events appearing on it. Was the record made at or near the time of the acts or events appearing on it. Is it the regular practice of the business/agency to make such a record, and Was the record kept in the course of a regularly conducted business activity. TIPS Do not read anything from the letter until the court has admitted it into evidence. If the other party objects to the letter saying that it is hearsay, respond by saying: The letter shows the letter writer s state of mind. TIP If the record is certified (a statement is attached to the record stating that it is in fact a record from a public agency or it has an agency seal on it) you do not need to do anything before you show it to the judge. Just let the judge know it is certified. Created by: NAPIL Equal Justice Fellow, Ohio State Legal Services Association 1/2001 OSLSA

9 NOTE: IT IS NOT REQUIRED THAT YOU FILE AN ANSWER BUT IF YOU WANT TO LET THE COURT KNOW THAT YOU DISAGREE YOU CAN USE THIS IN THE Fill in the name of the Court-Common Pleas or Juvenile COURT Fill in the name as it appears on your papers Fill in the name of the County where the Court is COUNTY, OHIO Plaintiff,/Petitioner Case No. Fill in # from papers Vs. Judge Write name of Judge if you know it Fill in the name as it appears on your papers Defendant/Petitioner. ANSWER OF Write your name Now comes Write your name and for an Answer states as follows: 1. I am the fill in what your relationship is to the child of the minor child in this action. 2. I do not believe the write the name of the person who filed against you should be granted custody of the minor child(ren). custody. 3. The child(ren) s best interest would be served if I were granted/maintained _Sign your name ONLY in front of a notary Print your name underneath your signature Fill in your street address Fill in your city, state and zipcode Sworn to and subscribed before me this day of, 20. Leave blank for notary to fill out and sign NOTARY PROOF OF SERVICE I certify that I mailed a copy of this answer to Write name and address of opposing party or attorney by ordinary US Mail this day of _Fill in date of mailing a copy_, 20. Sign your name here BE SURE AND MAKE SEVERAL COPIES AND FILE THE ORIGINAL WITH THE COURT AFTER YOU SEND A COPY TO THE OTHER SIDE

10 IN THE COURT COUNTY, OHIO Plaintiff,/Petitioner Case No. Vs. Judge Defendant/Petitioner. ANSWER OF of the minor child(ren). custody. Now comes and for an Answer states as follows: 1. I am the of the minor child in this action. 2. I do not believe the should be granted custody 3. The child(ren) s best interest would be served if I were granted/maintained Sworn to and subscribed before me this day of, 20. NOTARY PROOF OF SERVICE I certify that I mailed a copy of this answer to by ordinary US Mail this day of, 20.

11 In the Matter of: IN THE (fill in the name of the county) (write in the name of the child(ren)) Minor Child COUNTY COMMON PLEAS COURT (type of court GENERAL, DOMESTIC RELATIONS, OR JUVENILE) DIVISION (fill in the name of the county) COUNTY, OHIO (Write in the name as it appears on your paperwork) vs. Plaintiff/Petitioner, (Write in the name as it appears on your paperwork) Case No. _(put in case number from your papers) MOTION FOR THE COURT TO INTERVIEW THE MINOR CHILDREN Defendant/Petitioner. Now comes _(write in your name)_ and moves this Court and requests that the minor children be interviewed by the Judge in chambers pursuant to statute and rules. (Sign your name) MEMORANDUM ORC requires that the minor children shall be interviewed upon the request of a party. The undersigned is a party and with this motion is requesting that the minor children be interviewed. For these reasons, the undersigned requests that the Court interview the minor children. (Sign your name) PROOF OF SERVICE I hereby certify that I mailed a copy of the foregoing Motion to Interview by ordinary US Mail to _(write in the name of the other party or, if they have an attorney, the attorney s name_ at _(write in the other person or attorney s address) _, this (date you mail this) day of (month you mail it), 20(year). (Sign your name)

12 In the Matter of: IN THE COUNTY COMMON PLEAS COURT DIVISION Minor Child COUNTY, OHIO Plaintiff/Petitioner, vs. Defendant/Petitioner. Case No. MOTION FOR THE COURT TO INTERVIEW THE MINOR CHILDREN Now comes and moves this Court and requests that the minor children be interviewed by the Judge in chambers pursuant to statute and rules. MEMORANDUM ORC requires that the minor children shall be interviewed upon the request of a party. The undersigned is a party and with this motion is requesting that the minor children be interviewed. For these reasons, the undersigned requests that the Court interview the minor children. PROOF OF SERVICE I hereby certify that I mailed a copy of the foregoing Motion to Interview by ordinary US Mail to at, this day of, 20.

13 IN THE COURT OF COMMON PLEAS COUNTY, OHIO DOMESTIC RELATIONS DIVISION Case No. Plaintiff vs. JUDGE MAGISTRATE Defendant MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM 1. I am the of the minor child(ren),, born. 2. I am a party to this action. 3. I request the appointment of a Guardian ad Litem pursuant to Ohio Rule of Civil Procedure 75(B)(2), because it is essential to protect the interest of the child(ren). Respectfully submitted, (Your Signature) Print Name Street Address City, State, Zip Telephone

14 PROOF OF SERVICE I certify that a copy of the foregoing was served upon, (Name of other party s Attorney of other party if not represented) at, by regular U.S. Mail (Address of other party s Attorney or other party if not represented) this day of, 20. (Date) (Month) (Your Signature)

15 IN THE COURT OF COMMON PLEAS -Fill in Juvenile or General or Domestic- DIVISION -Fill in Name of County- COUNTY, OHIO In the Matter of: (if Juvenile, fill in name of children Minor child(ren) (Fill in name of Plaintiff/Petitioner as on your papers), Case No. (Fill in Case #) Plaintiff/Petitioner, Judge vs. (Fill in name of Defendant/Respondent as on your papers, ENTRY ON MOTION Defendant/Petitioner. This matter came on to be heard on (Fill in your name) s Motion for (You can fill in the name of your motion if you want to or you can leave this blank). Upon consideration of the record and the motion, the Court HEREBY ORDERS: (LEAVE THIS BLANK!!!!!!!!!!!!!!!!!!) SUBMITTED BY: JUDGE (SIGN YOUR NAME HERE)

16 IN THE COURT OF COMMON PLEAS DIVISION COUNTY, OHIO In the Matter of: Minor child(ren), Plaintiff/Petitioner, Case No. Judge vs., ENTRY ON MOTION Defendant/Petitioner. This matter came on to be heard on s Motion for. Upon consideration of the record and the motion, the Court HEREBY ORDERS: SUBMITTED BY: JUDGE

17 Subpoenaing a Witness to Court Civil Case domestic or juvenile Sometimes you will need to force a witness to appear in Court because the witness has information that you believe the Court should hear but the witness will not come to court without a subpoena. If you want to make sure the person comes to Court, you should file your subpoena request as early as possible, at least 5 days before the hearing, so there is enough time for the subpoena to be served. To issue a subpoena in a civil matter, you will need to use a form called a Subpoena. Attached to this sheet is a sample subpoena which shows you how to fill it out and a blank form you can use to fill in the names and dates and all of the required information you need to have the witness subpoenaed to Court. Once you have completed the subpoena, you should first make 3 copies of the subpoena form and the back side form. Take these Subpoena forms to the Clerk of Courts office where the court case is. You should have a money order or cash to give the Clerk for the witness fee - $6.00 if your case is scheduled for a half day, $12 if the case is scheduled for more than a half day. The clerk will keep the original and one copy and you should be given a copy back. Save your copy in case the person does not come to Court so you have proof that you requested the person to appear. The clerk will send the subpoena to the sheriff s office who will serve the original and return the copy to the clerk for filing.

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19 Domestic Relations/Juvenile Division

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21 In addition to the forms in this packet, you may find additional forms and informational pamphlets to help you on the internet at the following website: Click on Statewide Forms & Information Locate and click on the legal area that you would like to review use the search box if you are not sure which area to review You can also search this website to learn how to access the local legal services program for your area