As families and their members grow and change over time, so do their dynamics. The legal agreements that worked for your family five years ago might not fit your current situation. But how can you adjust those arrangements? When can you make a needed change to a custody or support order?
In Ohio, courts require proof that a substantial change has occurred, causing the current agreements to no longer be in the best interests of the child, before they will alter a legal decree. This can look like a significant change in income, a relocation, or a change in the child’s needs. Attorney Tony Comunale at the Comunale Law Office has over 30 years of experience helping Dayton residents understand family law matters; he can guide you through the legal process of changing an existing custody or support agreement.
What Counts as a Substantial Change in Circumstances?
To modify an existing order, a court must find that there is a significant, sustained change in the circumstances of the child or the person with custody or parenting time. The court must also decide that a change will better serve the best interests of the child.
How Do Income Changes Affect Child Support Orders?
A job loss, a promotion, or a significant change in health care costs often justify a child support modification. If one parent experiences a large increase or decrease in earnings, the court can adjust the financial obligations to reflect the new reality.
How Does Relocation Impact a Custody Agreement?
When a custodial parent plans to move, the court must review how this move affects the existing parenting schedule. Moving to a different state may not always be approved, as it often requires a completely new parenting plan to preserve the relationship between the child and the non-residential parent.
Why Might a Parenting Schedule Need an Update?
As children grow older, their daily routines change. A teenager has much different social and academic commitments than a toddler. If the current parenting plan disrupts the education or well-being of the child, a judge can modify the schedule to better align with the daily life of the child.
How Does the Modification Process Work in Ohio?
The process begins when the need for a change is recognized based on a significant change in circumstances. One parent files a motion with the court for a modification of a current order and presents evidence proving that circumstances have changed since the order was finalized. Evidence might include financial records, school reports, or witness testimony. If the parents agree, they can submit their agreement to the court for official approval; if disputed, the court will evaluate whether a change is appropriate. Once the court issues a judgment regarding the modification, it is legally binding, just like the original order.
Taking the Next Steps to Update Your Custody Agreement
Modifying a legal order for child custody or support requires clear evidence, as well as a deep understanding and proper application of Ohio law. You must prove a significant change in circumstances and demonstrate that the update benefits your child. An attorney can prove crucial in these proceedings.
The Comunale Law Office can provide clear, step-by-step guidance for every stage of your family law case. If you need help advocating for a change in your current custody or support arrangements, contact us today at (937) 227-3310 to schedule your free initial consultation. We can help your legal agreements better meet the needs of your growing family.
