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We are here to listen, learn & help

TEXTS ONLY: 513-828-7510

We are here to listen, learn & help

TEXTS ONLY: 513-828-7510

During these hard and uncertain times, the staff at Kroener Hale Law Firm are still here to serve you. Please contact us at any time to schedule a free 30 minute telephone/skype consultation to discuss your legal needs. We will continue to diligently protect the rights and interests of our clients through these tough times.

Providing The Advice & Guidance You & Your
Family Need To Make Informed Decisions

Providing The Advice & Guidance You & Your Family Need To Make Informed Decisions

Things change, and so can you and your ex’s circumstances. Maybe one of you remarries, moves away or gets sick. Whatever the change, you may need to modify your child’s custody order if the existing one no longer works for you or your child. In Ohio, you can ask the court to modify the order if there has been a substantial change in your or your child’s circumstances and you prove that the modification is in the child’s best interests.

Modifying the order

Both you or your ex can file a motion with the court to request a modification in your child’s custody order. However, the court can only modify an existing order if the child’s or parents’ circumstances change substantially. There would be a substantial change in the circumstances if:

  • A parent remarries
  • A parent develops a drug or alcohol dependency problem
  • A parent abuses or mistreats the child
  • A parent moves away
  • A parent gets very sick
  • A parent can no longer take care of the child due to a physical or mental condition

The court will modify the order if there has been a substantial change since they issued the original order and if the modification is in the child’s best interests.

Changing physical custody

When the court changes an existing custody order, the previous order’s residential parent keeps the child’s physical custody. However, the child’s placement can change if it is in their best interests. Also, one of the following must apply to change the child’s residence:

  • The residential parent agrees to a change
  • The child, with the consent of the residential parent, has integrated into the family of the person who wishes to become the new residential parent
  • The advantages of the child changing residence are more significant than the disadvantages

The court will only allow the change of the residential parent if one of these conditions applies.

A needed change

If the court approves the change, the new custody order will replace the former one. To make the change, one or both parents must file the motion in the same county where they got the existing order. If the court does not approve the change, you have the right to appeal their decision. You want what is best for your child, and you have the right to fight for it.