It can take weeks of intense negotiations or litigation and family court to arrive at an appropriate custody order. Either the parents reach an agreement dividing decision-making authority and parenting time, or a judge allocates parental rights and responsibilities between the two of them.
Once a judge approves a custody order, the adults in the family have to abide by it. They generally need to share both decision-making responsibility for their children and comply with the schedule for custody exchanges.
Sometimes, parents reach the uncomfortable conclusion that their custody arrangements don’t work well for their family. How can people change their custody arrangements, and when is doing so an option?
Going to court is necessary to update an order
Parents can occasionally make small adjustments to a custody arrangement on a case-by-case basis as circumstances shift. They can agree to reschedule a custody exchange if a child has an extracurricular commitment or temporary medical challenges.
In scenarios where parents agree that a significant change of the existing order is necessary, they can pursue an uncontested custody modification. They go to the Ohio family courts and have a judge approve their proposed modification.
When parents don’t agree about the need for custody changes, then a judge may have to make decisions for them. In a contested custody modification scenario, there are different rules that apply. A parent has to show that there has been a change in circumstances.
Securing a new job or moving the children to a new school could constitute a change in circumstances. So could changes in the relationships between the parents and the children. If there is reason to believe the children are in danger, one parent may ask the courts to intervene for their protection.
The parent requesting the modification has to propose specific terms and convince a judge that those new custody arrangements are in the best interests of their children. If a judge agrees, they can theoretically update the custody order to better meet the needs of the family.
Informal modifications are dangerous
Some people try to make big adjustments to their custody orders through direct negotiations with a co-parent. While that may seem efficient, it can be a big mistake. The prior order is still the enforceable arrangement in the eyes of the state. The other parent could hold someone accountable for failing to show up for parenting time or could accuse them of parental kidnapping for taking extra parenting time with nothing but a verbal agreement in place.
While it can take time and does require paperwork, securing a formal custody modification is typically the best option for those who want to change an existing Ohio custody order. Learning about the rules that apply to custody arrangements can help parents navigate the family court system as successfully as possible.
