During a separation or divorce in Ohio, child custody decisions are made according to the circumstances at the time. The stability, safety, and development of the child are the main considerations for this decision.
The final custody orders are considered permanent and legally binding but the family law system in Ohio also recognizes that circumstances can change.
Courts will not modify custody orders for small changes but significant changes that render the current order contrary to the child’s best interests can prompt a request for a modification. If the changes are substantial enough, the court may allow a child custody modification. Until the new order is issued, however, parents must follow the terms of the original order.
What is a child custody modification in Ohio?
When custody orders are made in Ohio, they can include the following details:
- The allocation of parental rights and responsibilities (the term used for “child custody” in Ohio).
- Parenting time (the term used for “visitation” in Ohio).
The terms of the order will determine who the child primarily resides with, who makes the decisions concerning health, education, cultural upbringing, etc., and how both parents will spend time with the children.
The preferred outcome for the Ohio courts is shared parenting, where each parent plays an active role in raising their children. However, this is not always possible or in the child’s best interests, the legal standard for all custody decisions in Ohio.
Regardless of the custody decisions made at the time of the separation or divorce, if a change of circumstance occurs before the child reaches the age of 18, a modification may be required.
For that, parents must return to court to prove that the change warrants a custody modification because the present circumstances are having a direct, harmful impact on the child.
What qualifies as a change of circumstances in Ohio?
Ohio law addresses the allocation of parental rights and responsibilities and potential modifications. The following factors may contribute to a significant change of circumstances:
- Parental relocation: if one parent relocates to a different city, state, or country, this may warrant a modification of custody.
- Change in a parent’s financial stability or employment: if one parent is made redundant from their job and cannot find alternative work—or gets a major promotion—this can affect the capability of the parent to perform parental duties.
- Evolving child’s needs: if the child develops medical, educational, or emotional needs that were not present when the original order was made, this might be considered a change of circumstances.
- Evidence of abuse, neglect, or unsafe living conditions: if the child’s safety or welfare is threatened, this would be considered an important change that may require a modification to the existing order.
- Substance abuse or criminal activity by a parent: if evidence of such activity by either parent is provided, the child’s safety or welfare may be threatened and a change may be necessary.
- Significant interference with parenting time or parental alienation: if the parents cannot work together for the child’s best interests, this may warrant a modification of the original order.
What does not qualify as a change of circumstances?
Unless the child’s best interests are served by a modification of the custody order, a change request will likely be denied by the courts. Likewise, If the court has already considered an issue, and there has not been a meaningful change since the last order, the issue will not be reconsidered.
In determining the child’s best interests, the court will consider the factors that affect the child’s stability, welfare, and development, such as:
- The child’s wishes (if they are old enough).
- The child’s relationships with parents, siblings, and other family members.
- The child’s education, development, and involvement with their community.
- The parents’ physical and mental health.
- Criminal activity by either parent.
- The ability and willingness of the parents to carry out the existing order effectively.
Sometimes, parental requests for modifications of custody orders are declined by the Ohio courts because the change of circumstances is not considered significant enough. Examples include:
- Where parents have minor disagreements about how to raise their child, e.g., which school to go to.
- Temporary financial issues like a minor demotion or the loss of a job (which can usually be resolved by finding alternative work).
- A minor parental relocation (e.g., across the city or to a nearby town).
- Small changes in a child’s routine or preferences (e.g., a preference to attend another school).
Ohio courts prefer parents to follow the original custody order and work out any minor parenting issues themselves. The courts only intervene when a significant change in circumstances can be proven.
How do you request a custody modification in Ohio?
Requesting a custody modification and presenting a case to the Ohio courts can be challenging without the help of a custody lawyer—especially if the other parent does not agree to the modification.
The general process is as follows:
- File a motion for a modification of the “allocation of parental rights and responsibilities” with the Ohio family law court where the original order was issued.
- Support the motion with an explanation of the reasons for the request to change custody.
- Present evidence at a scheduled hearing to attempt to prove a change in circumstances that justifies the request.
- Await evaluation by a judge on whether to grant modification.
If the judge agrees to the modification, a new order will be issued and this will supersede the previous order.
Because of the challenges of proving a change of circumstances, most parents work with an experienced child custody lawyer when filing a motion for a modification. The process can take between a few months and more than a year to complete, so there is no time to waste.
Professional guidance is advisable if you’re considering a petition for a modification of the allocation of parental rights and responsibilities in Ohio.
Contact Nielsen Miller Law today for a 30-minute consultation or call us at 614-505-5555 to discuss your circumstances in detail and to learn how our experience and resources can work for you.
