When you went through a divorce or custody case, the parenting plan created was based on the circumstances at that time. However, as children grow, families move, and situations change, that original plan may no longer work.
When can a parenting plan be modified in Ohio? There are certain conditions that must happen for you to make changes. If you’re wondering whether your current arrangement can be changed, here is what you need to know about modifications.
Can a Parenting Plan Be Changed?
Ohio courts will not automatically modify a parenting plan just because one parent makes a request. Under Ohio Revised Code 3109.04, you must show that something significant has changed since the original order was put in place. Along with that, this modification needs to be in your child’s best interest.
What Counts as a Change in Circumstances?
The court looks for meaningful, unexpected changes that directly affect the child or the parent’s ability to follow the plan. These might include:
- One parent moving a long distance or out of state
- A major change in the child’s needs, such as a medical or developmental issue
- A parent’s work schedule changes
- Concerns about safety, neglect, or harmful behavior in one household
- A child expressing a strong and consistent desire to live with the other parent
Keep in mind that minor disagreements, differences in parenting style, or routine scheduling conflicts are not enough for a court-ordered modification.
How the Court Decides What’s Best for the Child
Even if a change in circumstances is present, the court has to determine whether modifying the plan is in your child’s best interest. Judges in Ohio consider several factors, including:
- The child’s relationships with each parent, siblings, and other family members
- How the child is doing at home, in school, and in the community
- Each parent’s physical and mental health
- Which parent is more likely to honor the parenting schedule
- Whether either parent has tried to interfere with the other’s relationship with the child
- Any history of domestic violence or unsafe behavior
The court may also consider your child’s wishes, especially if they can express a well-reasoned preference. Sometimes, the judge may speak with your child privately in chambers to get their perspective.
Also, the courts can terminate the shared parenting arrangement if it is no longer in the child’s best interest. In these cases, one parent would become the sole residential parent.
If both parents agree to the changes, the process is smoother. However, if there is a dispute, the judge will step in and decide based on the evidence.
How to Request a Modification
To start the process, you need to file a motion with the court that issued your original parenting plan. In your motion, you must explain:
- What has changed since the current plan was put in place
- Why this change affects your child
- How does your proposed modification serve the child’s best interest
Once filed, your co-parent will be notified. They will be given a chance to respond. In some situations, the court may hold a hearing, request additional evidence, and appoint a guardian ad litem to advocate for your child. After that, the judge will decide whether to approve or deny the requested change.
What About Emergencies?
The court can issue a temporary modification to address the emergency in serious situations. This can happen if the child is in immediate danger or a parent can no longer care for them. These orders are short-term and subject to further review. However, they can offer immediate protection and stability when needed.
We Can Help You Navigate the Process
When can a parenting plan be modified in Ohio? Certain circumstances must be present. Making changes requires care, preparation, and a legal strategy. If you want to update your parenting plan, we are here to help at Axelrod Law Office in Lake County, OH. Call our office at (440) 271-8126 or submit a contact form to schedule a free, confidential legal consultation.