Aggressive, Caring Representation

DSF Law Blog - Helping to answer your questions.

DSF Law Blog

Articles

Requirements to Modify a Child Custody Order or Shared Parenting Plan - Sean E. Foderetti

juliane-liebermann-542688-unsplash.jpg

If you are looking to modify your prior custody order, agreement, or divorce decree, one of the first factors you must determine is if you have met the standard for a “change in circumstances” which is the first prong you must satisfy before any modification can occur.

In Ohio, Ohio Revised Code Section 3109.04 (E)(1)(a) states:

“The court shall not modify a prior decree allocating parental rights and responsibilities for the care of children unless it finds, based on facts that have arisen since the prior decree or that were unknown to the court at the time of the prior decree, that a change has occurred in the circumstances of the child, the child’s residential parent, or either of the parents subject to a shared parenting decree, and that the modification is necessary to serve the best interest of the child.”

This statute informs you that not only must there be a “change in circumstances” but that the modification of the order must also be in the “best interest” of the child. While this statute does not define “change in circumstances” courts have determined that there must be a material or significant change in circumstances and not merely minor change before a modification can occur.

If a court finds that a “change in circumstances” has occurred the court must then determine what is in the child’s best interests.  The court will consider the following factors including but not limited to:

  • The wishes of the child’s parents regarding the child’s care;

  • The wishes and concerns of the child;

  • The child’s interaction with parents, siblings, family, and others such as teachers, neighbors, and friends;

  • The child’s adjustment to home, school, and community;

  • The mental and physical health of all persons involved in the situation;

  • The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights;

  • Whether either parent has failed to make all child supports payments, including arrearages

  • Whether one of the parents has willfully denied the other parent’s right to parenting time in accordance with the order of the court;

  • Whether either parent has established or is planning to establish an out of state residence;

  • Whether either parent has physically or sexually abused children; and

  • Whether either parent has committed domestic violence involving a family or household member.

This process may seem simple or complicated depending on your circumstances, regardless don’t undertake this critical legal proceeding without the assistance of an experienced family law attorney that can help you evaluate the facts and circumstances relevant to your case. 

We stand ready to answer any of your questions here at Dahlberg, Stanley & Foderetti, LLC.  Please contact our office for a free initial consultation with one of our attorneys to discuss your case.

- Sean E. Foderetti, Esq.