Can I Get Custody If My Child's Mother Has Seizures and Lives Alone With Our Child in Ohio?

Attorney Answer

A seizure disorder alone does not disqualify a parent from custody in Ohio; courts look at the whole picture of what is best for the child, not just a medical diagnosis.

Ohio courts decide custody and parenting time using the "best interest of the child" standard under Ohio Rev. Code § 3109.04, which requires weighing a wide range of factors, including the health of each parent, but health is only one piece, not an automatic disqualifier. Many parents with well-managed seizure disorders safely raise children on their own. What matters legally is whether the condition creates a real, specific risk to your child, such as seizures that have happened while your child was alone with her with no plan in place, rather than the diagnosis by itself.

If there is already an order in place, what you have to prove depends on which part of it you want changed, and the difference is bigger than most people expect. To change custody — the allocation of parental rights and responsibilities — you file a motion to modify and Ohio Rev. Code § 3109.04(E)(1)(a) requires showing both a change in circumstances since the last order and that the modification is in your child's best interest. To change parenting time, there is no change-in-circumstances requirement at all. In Braatz v. Braatz, 85 Ohio St.3d 40 (1999), the Ohio Supreme Court held that "[t]he party requesting a change in visitation rights need make no showing that there has been a change in circumstances in order for the court to modify those rights"; the court instead weighs the factors enumerated in Ohio Rev. Code § 3109.051(D) and decides what parenting time is in the child's best interest. So if what you want is more time with your child rather than a change of custody, do not assume you must clear the higher bar. If there is no order yet, you may need to start a custody or parentage case instead.

What can help your case: - Write down specific incidents: dates, what happened, whether your child was present or alone with her during a seizure, and any injuries or close calls. - Find out whether she has a safety plan, such as another adult nearby, a medical alert device, or a plan for who steps in if a seizure happens while your child is with her. - If you believe there is an immediate safety risk right now, you can ask a family court for an emergency hearing, though courts require real evidence of danger, not just concern about the diagnosis. - Consider whether a guardian ad litem, a court-appointed advocate for your child, could help gather facts if the case is contested.

Because custody cases are very fact-specific, and courts treat a parent's disability as only one factor among many rather than automatic grounds for a change, this is a case where a local Ohio family law attorney should review your full situation, including any existing court orders. This is general legal information, not legal advice, and a local Ohio lawyer can advise on your specific situation.