Experienced Legal Advisers To Guide You Through The Child Custody Modification Process
Priorities and family dynamics regarding child custody may change over time. According to Ohio laws, and under certain circumstances, a parent may request a specific custody arrangement that meets the family’s current situation and needs.
The attorneys at Wolinetz, Horvath & Brown, LLC, have over 70 years of combined experience in complex child custody issues. When you work with us, our goal is to help you obtain the arrangement you require while protecting your child’s best interests. We will guide you and explain your options for navigating the process.
When Can Child Custody Be Modified?
You can request a child custody modification if the circumstances under which the original agreement was established have substantially changed. For example:
- A parent’s financial or marital situation is different, and they can no longer care for or provide for the child.
- A parent needs to move to another state or country.
- A parent is facing criminal charges.
If you wish to apply for a custody modification, you must be able to prove that the changes requested will benefit the child and how.
How Do You Modify Child Custody?
You must file a document called a Motion for Change in Allocation of Parental Rights and Responsibilities before the county’s court where the original order was issued. Both parents can mutually agree to request a change in child custody and file a single motion. If the other parent disagrees, you must file your motion separately.
Can A Child Custody Modification Be Contested?
You can contest a child custody modification by filing an appeal before a higher court. If applicable, a judge may reverse the decision or order a retrial. However, you need to provide strong arguments to appeal. Under such a scenario, the assistance of an experienced family attorney can make a difference in your case.
Drawing from our years of experience, we can help you learn if you are eligible to obtain custody of your child or change the current visitation schedule. It is vital to have every modification approved by a judge to enforce the new agreement. Otherwise, parents may face severe consequences for not following the original child custody plan.
For instance, if a custodial parent moves out of the country or the state without the other parent’s and judge’s consent, they may face jail time and fines and may even lose custody. If you need assistance to bring your child back home, we can help you.