Yes, child visitation and child custody orders can be modified in Ohio. These types of orders are commonly issued by a court when two people had a child together but they are no longer in a relationship, they have legally separated, or they divorced.
In certain situations, a parent may be able to request a change or modification of their visitation or custody order for different reasons, such as:
- One of the parents, for whatever reason, is not following the order
- One parent wants to move outside of the state
- One parent believes their child might be in danger
- The custodial parent is incarcerated or has died
In Michigan, as in other states, orders can be modified when they are no longer working for the parties involved or if a parent is not able to follow the terms of the order. When a parent has a valid reason for requesting a modification of their current order, they may be able to petition the court when they follow the requirements of Michigan laws.
If a parent wants to find out more about modifying their visitation or custody order, they can schedule a legal consultation with a local attorney in Michigan.
When Can You Modify a Custody or Visitation Order?
Visitation and custody orders may be modified when there are proper grounds to make a request. Grounds that may allow for a visitation or custody order include changes in the employment of a parent or when the child’s needs change. In all states, courts will use the child’s best interest standard if they make a child custody decision, including a modification of a visitation or custody order.
Orders can be modified when one of the parents is not following the terms of the order, such as by not completing their scheduled visits. In these situations, courts may deem that it is not in the best interests of the child for the parent to still have visitation rights.
Another example of the grounds for modifying visitation and custody orders include child abuse. A court will consider child abuse to be extremely serious as well as an immediate danger to the well-being of the child.
Modifications can be made when parents have shown that they have recovered from issues, such as substance abuse problems. Once a parent has recovered from their issue, they may want to be more involved in their child’s life.
When a parent can show evidence to the court of a successful recovery, for example, completing a program and getting a certificate, they can be given increased rights.
How to File a Petition for Modification of Child Custody or Visitation Order
If a child’s parent wants to modify their visitation or custody order, they will have to file a petition with the court. When filing a motion to modify, a parent will likely have to provide the following information:
- The names and addresses of the child’s parents
- A copy of the current visitation or child custody order
- The reasons the parent is seeking a modification
- The proposed modification to the current visitation or custody order
Usually, a parent will have to pay a court filing fee for these types of requests, which may vary by jurisdiction. A court may also request other forms to be attached, so it is important for a parent to consult with an attorney to make sure their motion is filed properly.
When a parent has a lawyer representing them, their lawyer will prepare their request and file it with the court. This will ensure that their request is correctly filed and all of the requirements of the jurisdiction are met.
The court will likely schedule a hearing, and both of the parents will be required to attend. They will be able to present their arguments regarding their request for a modification.
A court may also require the parents to attend mediation prior to their scheduled hearing so they can try to reach an agreement on their own. By using family mediation, the parents might be able to reach an agreement that works for their specific situation and schedules.
Mediation is a process of negotiation that is handled outside of the courtroom by a neutral third party called a mediator. Mediators facilitate discussions between the parents and will help them consider the different ways they may be able to compromise.
A request for visitation or custody modification can be granted, denied, or modified in another way that the court determines is in the best interests of the child. When the parents are able to reach an agreement outside of the courtroom, their lawyer will put their agreement in writing and file it with the court.
How Long Does It Take To Get a Modification?
How long it takes to get a modification of a visitation or custody order varies based on many different factors. On average, it will take several weeks to several months for the modification to be finalized.
Some of the things that may affect how long it takes to get a child custody modification may include, but are not limited to:
- The schedule of the court and when there is an available time on the calendar
- Whether or not the parents cooperate together and resolve the issues quickly
- The complexity of the requested change
- For more complicated issues, the court may require more evidence or time to make a decision
What Are Temporary Child Custody Modifications?
Temporary child custody modifications are changes that are made to custody orders, which only last for a short period of time or a specific amount of time. These types of modifications can be used to help with temporary issues, for example, when a parent is hospitalized.
Temporary child custody modifications can help with numerous situations, such as:
- If a parent has a financial difficulty
- If a parent is in the military and is deployed
- When a parent has a health issue
- If a parent has a new job with a new schedule
- A parent is incarcerated
- When there are safety or health concerns involving the child
It is common for an event or date to be included in the modification when the original order will go back into effect. When allegations of child abuse occur, a temporary order can remove the child from their home until the allegations are resolved.
Do I Need a Lawyer To Modify a Child Custody or Visitation Order?
Parents in Michigan who want to request a modification of their current visitation or custody order should reach out to a Michigan child custody lawyer. Your lawyer will be able to assist with the modification process, which will include preparing and submitting the modification request and ensuring that your parental rights remain protected.
If you have to go to a hearing or a mediation, your lawyer will be there to represent you. You can find a lawyer to help you on LegalMatch.com using the free and convenient lawyer matching service.
Once you submit your concern online, which only takes around 15 minutes, you will get responses from lawyers in your area in around 24 hours. These will contain information about each lawyer’s background, fees, and reviews from other clients.
