It can be possible to modify visitation and child custody orders in Ohio. These orders are often issued when two individuals had a child together but are no longer in a relationship, have legally separated, or have legally divorced.
In some cases, parents can request changes to their visitation or custody orders for many different reasons, which may include, but may not be limited to:
- One parent believes a child may be in danger
- The child’s custodial parent is incarcerated or has passed away
- One of the parents is not following the terms of the order
- One of the parents wants to move outside the state
In the State of Ohio, as in other states, an order may be modified if it no longer works for the parties who are involved or if, for some reason, the parties involved are not able to follow the terms of the order.
If a child’s parent has a valid reason to request a modification of the current order, they will be able to petition the court if they follow the requirements of Ohio laws. If someone would like to find out more about modifying a visitation or custody order in their area, they should schedule a legal consultation with a local attorney in Ohio.
When Can You Modify a Custody or Visitation Order?
A visitation or custody order can be modified if there are proper grounds to make such a request. Proper grounds may include changes in the child’s needs and changes in the parent’s employment. In every state, a court will follow the child’s best interest standard when they make any type of child custody decisions, including modifications to these types of orders.
These types of orders can also be modified if one of the parents is not following the terms of the order, for example, by not attending their scheduled visits. If this occurs, a court may determine that it is not in the child’s best interests for that parent to continue to have visitation rights.
An additional example of possible grounds for the modification of a visitation or custody order is child abuse. Courts consider child abuse to be very serious and an immediate danger to the well-being of a child.
A modification can be made when a parent has demonstrated recovery from an issue, such as a substance abuse problem. At this time, the parent may want to become more involved in their child’s life.
If the parent is able to show the court evidence of their successful recovery, such as a completion certificate from a program, they will likely be awarded increased rights.
How to File a Petition for Modification of Child Custody or Visitation Order
When the parent of a child wishes to modify their current visitation or custody order, they will need to file a petition with the proper court. A motion to modify will usually require the following information:
- The names and addresses of both of the child’s parents
- A copy of the visitation or custody order currently in effect
- The reasons for seeking a modification
- The proposed modifications to the current visitation or custody order
There is typically a court filing fee for these types of motions, which can vary by location. Courts may also require other forms to be attached to the request, so it is important to consult a lawyer to ensure the motion is properly filed.
If a parent has an attorney, that attorney will prepare their motion and file it, which will ensure that the request is correctly handled and all jurisdictional requirements are met. The court where the request is filed may schedule a hearing where both of the parents will present their arguments on the request and whether a modification will be in the best interests of the child.
The court may also order the parents to attend mediation before the scheduled hearing to attempt to help them reach an agreement. With family mediation, the parents may be able to come to an agreement that will work for their specific schedule and situation.
Mediation is a negotiation process that is conducted outside of a courtroom by a mediator. A mediator is a neutral third party who facilitates discussions between the parties and helps them consider different ways to compromise.
Requests for visitation and custody modifications may be denied, granted, or modified in another manner that the court determines would be in the best interests of the child. If the child’s parents are able to reach an agreement outside the courtroom, their attorney can put it in writing and submit it to the court.
How Long Does It Take To Get a Modification?
The length of time that it will take to obtain a modification will often vary based on numerous factors. In general, however, modifications usually take several weeks to several months.
There are numerous factors that may affect how long it takes to obtain a child custody modifications, including, but not limited to:
- The schedule of the court and when there is an opening in the calendar
- Whether or not the parents cooperate to resolve the issues quickly
- The complexity of the requested changes
- For more complex issues, a court may require more time or evidence to make a decision
What Are Temporary Child Custody Modifications?
A temporary child custody modification is a change that is made to a visitation for child custody order that only lasts for a short time or a specific duration of time. These short-term modifications can help resolve temporary issues, such as the hospitalization of a parent.
A temporary modification can assist with many different situations, including:
- When a parent is having financial difficulties
- If a parent has a new job schedule
- If a parent is deployed with the military
- When a parent has health issues or is hospitalized
- A parent is incarcerated
- Health or safety concerns for the child
In most situations, when a temporary modification is ordered, the event or date when the original order will go back into effect will be provided. If there are allegations of child abuse, a temporary order can be issued to remove the child from the home until the issue is resolved.
Do I Need a Lawyer To Modify a Child Custody or Visitation Order?
If you are a parent in the State of Ohio who needs a modification of their current visitation or child custody order, you should consult with an Ohio child custody lawyer. Your attorney can help you with the modification process, including preparing and submitting the motion while ensuring that your parental rights are protected.
If you are ordered to attend mediation or a hearing, your attorney will represent you. Having an attorney handle your order issue can help relieve some of the stress related to resolving issues involving your child.
When you are searching for a child custody lawyer, LegalMatch’s no cost lawyers matching service can help. After you submit your issue on the website, you will receive responses from member lawyers who can help in about 24 hours.
These responses will have helpful information that will make it easier for you to determine the attorney that will best fit your needs and budget. Messages from each lawyer will include information about their fee arrangements, their educational background, and client reviews.
