Divorcing couples must decide on a variety of matters, including a parenting plan, the schedule for how parents will share time with their kids. Once each party negotiates their terms, their divorce is signed and becomes an order of the court.
Understandably, life changes happen, which may require a second look at your original arrangement. Fortunately, Ohio courts recognize this, and modifications may be requested as long as they follow a set of rules. We at Law Offices of William L. Geary know how important family matters are, especially when children are involved. That is why we’re breaking down the critical things you need to know about making modifications to your child custody arrangement.
Parenting Plan Modifications in Ohio
For a modification to be considered, the parent filing the motion must show that there has been a change in circumstances since the previous order and that the change is in the “best interests” of the child. That may include the wishes of the child; the child’s interaction with his or her parents, siblings, and other family members; the child’s adjustment to his or her community; the mental and physical health of each party involved; either parent’s established residence; and more.
Once the courts have found a change in circumstances, they would then determine if:
the present custodian agreed to a change of custody;
the child has been placed in the other parent’s home by the custodial parent and is integrated into that home; or
the harm likely to be caused by the change of environment is outweighed by the benefit of placing the child in the other home.
It’s important to note that Ohio law creates a presumption in favor of keeping the current custodial parent the same. However, with enough evidence, the court may allow the modification. At Law Offices of William L. Geary, our attorneys can help you navigate through this complex matter. We will examine the reasons behind the change and issues regarding the suitability of the other parent to help make sure you and your child are treated fairly.
Call us today at (614) 289-1227 to begin your consultation.