The best interests of the children standard applies to all legal matters concerning dependent children in Ohio. Modifying a child custody order is no exception.
Once a child custody agreement has been approved by a Columbus court or ordered by a judge, its terms must be followed—unless a court-ordered modification is made.
The courts are reluctant to amend child custody orders but will do so if there are reasonable grounds to do so, i.e., if there has been a substantial change in circumstances that affects the child.
The child custody lawyers at Nielsen Miller Law in Columbus can manage the entire process and help prove that a child custody modification is necessary, making a positive outcome to your petition more likely.
Do you need a lawyer to modify child custody?
If the terms of a child custody arrangement (or the allocation of parental rights and responsibilities, as it’s now called in Ohio) are no longer working for either parent or the child, the parents cannot simply implement a new arrangement without court intervention.
The courts in Ohio retain jurisdiction over minor children after the dissolution of a marriage until they reach the age of 18—and so all child custody modifications must be approved by the court before they are legally valid.
While there is no legal requirement to hire a lawyer for this process, most parents find it easier to do so—especially if the modification is contested by either parent.
An experienced child custody modification lawyer can help you:
- Protect the rights of you and your child
- Prepare your argument with supporting evidence
- Complete the necessary paperwork
- File the necessary documentation with the court
- Present your case before a judge
- Attend mediation with the other parent, if necessary
What are reasonable grounds for modifying child custody in Ohio?
The allocation of parental rights and responsibilities in Ohio usually results in a shared custody arrangement. Both parents have equal rights to contact with the child—unless the well-being of the child is at risk.
If a proposed modification would materially change these arrangements, a compelling reason must exist to change the order, according to Ohio Revised Code section 3109.04.
The courts aim to protect children from a “tug-of-war” between parents and would rather the status quo be preserved unless the child is adversely affected by a significant change in circumstances.
Generally, in child custody modification cases, the stated reason for an amendment is:
- If one parent is refusing to abide by the order and not meeting their parental obligations
- If one parent is moving intercity, interstate, or overseas
- If one parent experiences a substantial change in income or employment
- If there is evidence of domestic violence or parental neglect by either parent—or a criminal conviction
- If another life change requires visitation and/or child support to be re-evaluated
- If new information comes to light that would have affected the original custody order
If the proposed new arrangement can be proven to be in the best interests of the child—or a child who is mature enough to express a preference is in favor of the new arrangement—the reason is more likely to be accepted by the court.
What is the process for amending child custody in Ohio?
To modify child custody in Ohio, your lawyer will walk you through the following steps:
- Establish that you have valid grounds for a modification
- File a motion with the court that issued the original custody order (this is called a Motion To Reallocate Parental Rights And Responsibilities)
- Pay the required filing fee and send the necessary affidavits to the court
- Serve the other parent with a copy of the motion and supporting documents
- Attend a court hearing to present your arguments and evidence before a judge (the other parent may present evidence to contest the modification)
A final decision will then be made by the judge. However, the entire process can take anywhere from a few months to well over a year, depending on the complexity of the case, the caseload at the court, and other factors.
FAQs
Can physical custody of a child be modified?
The court wants to see that a child is placed in a healthy, stable, and nurturing environment and goes to great lengths to ensure this is the case. The original custody order will only be changed if a material change of circumstances means that this is no longer the case and a modification is necessary.
Can you modify a parenting time schedule?
Yes, you can file a motion requesting a modification of the parenting time schedule if necessary. This should set out the requested changes and the reasons for the changes. An affidavit must also be filed. Your child custody lawyer can help with this.
What if both parents agree to the child custody modification?
If both parents agree to the child custody modification in Ohio, the process is usually a little more straightforward. However, the court must still be petitioned to officially modify the order as it must be satisfied that the arrangement remains in the best interests of the child.
Contact Nielsen Miller Law Today
Contact Nielsen Miller Law today for a 30-minute consultation or call us at 614-505-5555 to discuss your child custody modification in detail, and to learn how our experience and resources can work for you.
