If you and your former spouse agreed on custody of your children, and have after a time agreed to make changes, the process for altering the agreement is pretty straightforward, an Ohio family law attorney writing for a newspaper notes.
If the two divorced parents agree on the child custody modification, a motion is filed, a filing fee paid, and court-required forms are filled out. The modification is then submitted for approval. The attorney who wrote the article adds that you must file the motion in the same county where your divorce took place.
Of course, things become more complicated if the two sides do not agree on all custody matters. If one wants to change the custody agreement and the other declines to go along with the proposed changes, the person asking for the change files their own motion.
Again, they must fill out forms the court requires and pay a filing fee. In addition, the other parent must be served with a copy of the filing.
In order to get your request approved, you must demonstrate to the court that there has been some “substantial and unforeseen change” in circumstances in your life, the other parent’s life or your child’s life, the attorney notes in his article. You must also supply evidence to support your argument for a custody modification.
Keep in mind that the court, as it weighs your case and factors involved, is always going to try to determine what is in the best interests of the child (or children) involved.
If you want to make changes to a child custody agreement, or want to oppose changes being proposed, speak to a Hamilton attorney experienced in all aspects of child custody modifications and related disputes.