Judges allocate parental rights and responsibilities to serve a child’s best interests during litigated divorce proceedings. However, these orders are not permanent. Circumstances may change, necessitating the modification of an existing parenting plan.
If you have a plan in place, you can potentially modify your current arrangement in two ways. First, you can agree with your co-parent on the changes you seek. If you are both in agreement and there is no objection, all that’s left is submitting your new parenting plan agreement to the court for approval. The other option is to pursue a court process.
You can seek legal intervention to modify parental orders if your co-parent objects to the modification. However, you must show that there has been an unforeseen and substantial change in circumstances since the court issued the existing parenting orders, affecting the child’s well-being and best interests.
The modification process explained
Modifying a parenting order via litigation in Ohio generally begins with filing a motion with the court that issued the original custody order. The motion should clearly state the reasons for seeking the modification and the proposed new parenting arrangement.
After serving notice to your co-parent of your intention to modify the parenting plan, they will have the opportunity to respond and present their position on the matter. This sets the stage for a court hearing, where a judge will hear arguments from both parties. The court will make a decision on whether to modify the existing orders after reviewing all the evidence and testimony. As usual, the child’s best interests will be the defining factor.
What are the odds of a successful motion?
The stronger your arguments and supporting evidence, the more likely the court will grant your requested modification. Reaching out for legal guidance can help you to present a compelling case that demonstrates how a proposed modification is in the child’s best interests.