Courts modifying child custody in Ohio have to follow a set of rules. As always, the best interests of the child must be considered. However, before getting to that point, the court must consider a number of factors as to whether the case qualifies for a modification of parental rights and responsibilities. A change in circumstances is required to even gain the right to be in court on a child custody modification motion. This requirement promotes stability in the child’s life and prevents motions for changes in custody based on insignificant events.
Modifying Child Custody Requires A Change In Circumstances
The court must first find a change of circumstances has occurred. This is done by determining that facts have arisen or were unknown since the last court order creating a change of circumstances in the child or the residential parent. The court then turns to the next point in the analysis. The court must then determine one of the following:
(1) the residential parent agreed to a change;
(2) the child, with the consent of the residential parent, has been integrated into the family of the person seeking to become the residential parent; or
(3) the harm likely to be caused by a change of environment is outweighed by the advantages of the change of environment to the child.
Once these first two factors have been determined, then the best interests of the child is considered in considering a change in placement.
Child Custody Modification Articles
Click on any of the following links to read more about modifying child custody in Ohio: What factors does a court use to decide custody; Regaining custody of your children; Notice of intent to relocate; Custody rights of an unmarried mother; Can a child choose which parent to live with; Can a 14-year old child choose which parent they want to live with.
How To Get An Attorney For Modifying Child Custody In Ohio
Attorney Gigiano was admitted to the practice of law in Illinois in 1993. In 1999, he was admitted to practice in Ohio. In 2000, he took his experience to a private practice in Wadsworth, Medina County, Ohio. Attorney Gigiano started his own practice in 2002 and has maintained his Gigianolaw practice in Wadsworth since that time, including numerous cases involving modifying child custody in Ohio. Call now if you need the services of a Wadsworth child custody law lawyer in Medina County or a Wooster child custody law lawyer near Barberton.