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How to Modify Child Custody and Visitation Orders in Ohio
Parents may find themselves wondering if custody or visitation orders can be modified. Fortunately, Ohio courts allow custody and visitation (also known as parenting time) orders to be reviewed at any time and at either parent's request.
November 19, 2011 /Law and Legal PR News/ -- How to Modify Child Custody and Visitation Orders in Ohio
Co-parenting can be difficult, and can be made more difficult when the needs of the child or parents change. Parents may find themselves wondering if custody or visitation orders can be modified. Fortunately, Ohio courts allow custody and visitation (also known as parenting time) orders to be reviewed at any time and at either parent's request.
Visitation and Child Custody Modification
The parent seeking a visitation modification must show the court that as a result of a change in circumstances, the current parenting time order is no longer in the child's best interests. A common example of a change in circumstances is when the working hours of the parent have changed or if the health of a parent has changed.
Best Interests of the Child
As when originally creating the plan, the court uses the child's "best interests" when deciding post-decree modifications. The court determines the best interests of the child by looking at the following factors:
-The mental and physical health of the parents and the other people involved in the child's life
-The parents' compliance with other court orders involving the child
-The interaction of the child with the school, the community, siblings and other people who affect the child's best interests
-The cooperation of the parents with one another, including being able to encourage the child to share love and affection with the other parent
-A history of, or potential for, abuse or neglect
-The wishes of the parents or of the child
When the court factors in the opinion of the child, he or she must be old enough to understand the reasons why the change would be good for the child. However, if the child is a teenager, the court would likely factor that heavily into a decision modifying the custody plan.
If you are seeking a modification of a custody or visitation order, please consider contacting a family law attorney who can assist you with the procedures and help you find the best solution for your family.
Article provided by Hartley Law Office, LLC
Visit us at www.dayton-familylaw.com
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