- When can a Child Custody Agreement be Changed?
- Best Interest of the Child
- Ohio Child custody Modification Resources
When Can a Child Custody Agreement be Changed in Ohio?
Life is always changing and there are some changes that warrant a modification to a child custody agreement. Under Ohio Revised Code 3109.04 (E)(a), the courts will not modify a child custody agreement unless it finds changes that have arisen since the prior decree or were unknown to the court at the time of the prior decree. These can include:
- Change of circumstances of the child that can include the:
- Environment the child is living in
- Child’s wishes
- Child’s future or present well-being
- The emotional or physical health of the parent
- Domestic abuse
- Relocation of the parent’s residence
When applying these standards, Under O.R.C 3109.04 (E) (a), the courts will keep the residential parent designated by the prior decree, unless a modification is in the best interest of the child and one of the following applies:
- The residential parent agrees to the change of residential parent or both parents of the shared parenting decree agree to a change in the designation of residential parent.
- The child, under the consent of the residential parent or both parents, has been integrated into the family of the individual seeking to become the residential parent.
- The likely harm to be caused by a change of environment is greater than the advantages of the change of environment to the child.
Best Interest of the Child
Because the nature of custody battles is complex and emotional, it is easy for the spouses to forget about the child’s feelings. In Ohio, the wishes of the child, especially when they get older, are taken into consideration when making decisions regarding domestic relations. Some of the factors include, but are not limited to:
- Wishes of the child’s parents regarding the child’s care
- Wishes of the child as expressed to the court, if the court finds the child had adequate reasoning ability to expresses their wishes
- The child’s relationships and interactions with parents, siblings, and other persons who may significantly affect the child’s best interest
- The child’s adjustment to school, home, and community
- The mental and physical health of all individuals involved
- The parent more likely to facilitate and honor visitation and companionship rights approved by the court
- Either parent’s failure to pay child support
- Past history of neglect or child abuse from the parents
- Any denial by one parent of the other’s visitation rights
- Whether either parent plans or has established residence outside the state
Child Custody Modification Resources in Ohio
What to Know about Changing Custody Agreement in Ohio– The Ohio State Bar Association features a Q&A column over frequently asked questions regarding child custody modification in Ohio. Some of the questions include how long the process takes, what happens during the trial and what must be proven in order to modify custody. The Ohio State Bar Association is a professional association that encourages legal education and provides legal tools to both legal professionals and the public.
Ohio Revised Code 3109.04 – Full text of the O.R.C regarding allocating parental rights and responsibilities for the care of children and shared parenting can be read in full on codes.ohio.gov. Information regarding a modification to a child custody order is explained, in legal terms, in section E. code.ohio.gov is a website that features the full text of the Ohio Revised Code and administrative code.
Find a Child Custody Modification Lawyer in Columbus, OH
If you are looking to modify your child custody agreement, retaining proper legal assistance can make all the difference. We proudly assist clients in Franklin County, Pickaway County, Madison County, Delaware County, Licking County, and Fairfield County. Contact Joslyn Law Firm today at (614) 420-2424 and one of our attorneys will assist you.
Attorneys with Joslyn Law Firm are experienced with child custody modification and will strive to protect your rights and achieve the best possible outcome for your situation. Contact us today and one of our attorneys will review your case for free.
We can also assist with modifications to spousal support and file a Motion To Modify Spousal Support in Ohio if necessary.
This page was last updated by Brian Joslyn
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