Post-Judgment Modification of Child Custody, Child Visitation, and Shared Parenting Orders

Sometimes, an agreement or court order reached during a divorce that seemed great at the time, no longer meets the needs of both parties. If this is the situation you find yourself in, you do have options. An experienced family law attorney can help you explore your options for post decree modification of spousal support, child custody and visitation, and child support orders.

In Ohio divorce law, everything to do with the children is under the “continuing jurisdiction” of the domestic relations court, whether you are in Summit County, Cuyahoga County, Stark County, or anywhere else in the state of Ohio.

This means that  any court order having to do with custody, shared parenting, visitation orders, or child support can be changed by the court. In order for this to happen, one of the parties has to go back to court and ask the judge for that change.

There are any number of reasons for you to want to modify your court order. In some cases, a child has decided they would like to live with a different parent. Sometimes one parent may need to relocate due to a job or marriage, requiring modification to the parenting plan. Or a child may need additional child support, because of a medical condition. As with all other family law issues, the best interest of the child will be the bottom line for any decisions made by the court.

The term “best interests of the child” is controlled in the State of Ohio by our Ohio Revised Code (Section 3109.04).

This law is very detailed and extensive, and requires attorneys who are experts in this field to navigate.

Here is the list by Ohio law of what the court needs to consider when deciding this issue:

  1. The wishes of the child’s parents regarding the child’s care;
  2. If the court has interviewed the child in chambers pursuant to division (B) of this section regarding the child’s wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, the wishes and concerns of the child, as expressed to the court;
  3. The child’s interaction and interrelationship with the child’s parents, siblings, and any other person who may significantly affect the child’s best interest;
  4. The child’s adjustment to the child’s home, school, and community;
  5. The mental and physical health of all persons involved in the situation;
  6. The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights;
  7. Whether either parent has failed to make all child support payments, including all arrearages, that are required of that parent pursuant to a child support order under which that parent is an obligor;
  8. Whether either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child; whether either parent, in a case in which a child has been adjudicated an abused child or a neglected child, previously has been determined to be the perpetrator of the abusive or neglectful act that is the basis of an adjudication; whether either parent previously has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding; whether either parent previously has been convicted of or pleaded guilty to any offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding and caused physical harm to the victim in the commission of the offense; and whether there is reason to believe that either parent has acted in a manner resulting in a child being an abused child or a neglected child;
  9. Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent’s right to parenting time in accordance with an order of the court;
  10. Whether either parent has established a residence, or is planning to establish a residence, outside this state.

If you are being brought back into court by your ex, or if you need to have your shared parenting plan or visitation schedule changed, we have decades of experience helping people just like you.  Learn more by visiting http://www.dissolutionanddivorce.com.

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About slaterzurz

Slater & Zurz LLP is an Ohio law firm of highly experienced and respected attorneys. Over the last 40 years, we have developed a reputation for getting positive results for clients. We've been trusted with handling over 20,000 personal injury cases and our clients have received more than $120,000,000.

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