How does custody modification work in Ohio?

The process of dealing with a child custody modification can be complicated. First things first, either parent can request a modification in custody in writing to which the other parent may or may not agree. When the other parent does not agree, the parent filing for custody modification can then take the matter to court.

Ohio courts will consider modification of a child custody order only if the parent requesting the custody modification is able to prove a substantial and material change in circumstances. Only after the court has been satisfied that the change in circumstances is both substantial and material, will it then move on to consider what is in the best interest of the child. The reason for this is to prevent constant back and forth motions to change custody which would be destabilizing for the children. It also helps prevent the court from becoming overburdened with frequent and repetitive modification requests.

One such substantial and material change would be if the custodial parent is relocating to another state and the move will impact the child’s life. Some courts switch custody from one parent to the other, although the increasingly common approach is to ask the parents to work out a plan under which both parents may continue to have significant contacts with their children.

Another thing that can prompt a modification is if there is a significant change in the lifestyle of the custodial parent, which the other parent feels will adversely affect the child. For instance, if the custodial parent finds a new job that has longer working hours or the parent is leaving the child alone for long periods of time the court will consider modifying custody based on these factors.

Also, if one parent begins drinking heavily or taking drugs, the other parent may file a request for modification of the visitation order. What amounts to a substantial enough change to warrant a revision can vary greatly depending on your jurisdiction and even your particular judge. Parents seeking a change of custody due to the alcohol abuse or chemical dependency of the custodial parent will need to provide the court with more than mere allegations of wrongdoing. Evidence of convictions for driving under the influence, drug convictions, or other compelling evidence should be presented along with evidence that substantiates the effect of a parent's chemical dependency on the child.

If you find yourself facing the prospect of divorce, contact an experienced Ohio family law attorney who can help guide you through the difficult process. Count on the expertise of Twinsburg family law attorney Carol L. Gasper.

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