As a divorced parent, you might need to modify your child custody arrangement. Sometimes, changing or modifying child custody can be touchy. An Akron child custody modification lawyer can guide you through the legal process and help you achieve a beneficial outcome for everyone.
Erb Legal has child custody attorneys who focus on the needs of clients and their children. We will compassionately listen to your story, then plan to achieve your goals. Even if we did not create your original child custody agreement, we can help develop a new one.
Call us today at 330-249-1778 or use our online contact form to schedule a free consultation.
Tom Erb Jr. is the family lawyer you want in your corner.
View Firm AwardsIt is reasonable to assume that sometimes, you or your ex will want or need to make changes to your original child custody agreement. Akron recognizes two kinds of custody: sole custody or shared parenting (also known as joint custody). Our custody lawyers can help you update your plans as needed, whether that’s changing who has primary custody or if a sole custody plan should be updated into one with joint custody. You may also decide that your child should change primary residences.
Some changes are not as extreme as changing custody types. You can update other parts of your parenting plan without redoing the whole thing, such as:
If you have concerns about your child, we can develop a clause to address it through a parenting agreement.
Child custody can be modified in two ways: A parenting agreement and a court decision.
A parenting agreement to modify an existing child custody order means that you and your ex work together on the new arrangement. Both parents sign and submit the plan to the court. The court will sign off on the parenting plan and incorporate it into a legal order in most cases. The judge will not approve a parenting plan if it is not in the child’s best interests.
When developing a parenting plan, it is best to work with an experienced attorney. You will have to negotiate details with your child’s other parent, and they will only be looking out for themselves. They may coerce you into agreeing with something that is not beneficial to you or the child. With an attorney by your side, you can ensure that someone is protecting your parental rights.
If the parents cannot agree to new terms in a parenting plan, then one parent may request that the court make a specific change. The other parent will have the opportunity to address the issue with the court as well. After listening to both sides, the judge will decide what is best for the child.
It is your right to have an attorney with you for any court appearance to modify your child custody arrangement.
When the court makes any decision about child custody, they consider what is in the “best interests of the child.” Ohio Revised Code Section 3109.04(F)(1) describes some of the factors considered by the court to determine what is best, including the following:
The judge may consider other factors if the parties in the case present them. You should give as much information as possible to the court to get a favorable outcome.
Changing custody plans can be a tumultuous time for children. If they’ve already experienced your divorce and the initial custody battle, they may dread these new changes. The courts allow custody changes so that your family can move forward as easily as possible, but they also recognize that some parents may try to use a custody change as a form of retaliation against their ex.
Ensuring a change aligns with what is best for the child’s happiness, security, mental well-being, and development is one way the court can temper attempts to hurt the other parent. Just because parents do not want to keep living together it does not mean that the children should not be given the best environment to prosper and thrive in. Our
Simply drafting a new parenting agreement with your co-parent will not be enough to make it enforceable by the court. Similarly, verbal contracts to make changes do not typically stand up in court either. You must get a court order to modify your child custody arrangement.
Should you and your ex want to make permanent changes to your child custody agreement, you must submit your parenting agreement to the court. Remember, if you and your child’s other parent cannot agree, the court decides for you. This action could result in an undesired outcome.
Here are the steps to submit changes in your child custody to the Summit County Domestic Relations Court:
When child custody becomes a heated debate, there may be other steps, such as conferences, requirements for psychological exams and drug tests, and mediation, before you reach an agreeable resolution. You could avoid a lot of stress and other conflicts when you hire a child custody lawyer to assist you.
Yes, if your child is mature enough, the court may consider their preferences. While a child’s wishes alone do not determine the outcome, they are one of many factors the judge will weigh when evaluating what is in the child’s best interests.
There is no strict limit on how often you can request a modification, but the court generally requires a substantial change in circumstances before revisiting custody. Repeated or frivolous filings without new evidence may be denied or viewed negatively.
Even if both parents agree to changes, the new terms must be submitted to and approved by the court to become legally enforceable. Without a signed court order, informal or verbal agreements can be ignored without legal consequence.
If a parent violates the terms of a modified custody order, you can ask the court to enforce the order. This may involve filing a motion for contempt, which could lead to penalties such as fines, makeup parenting time, or even changes to the custody arrangement.
While your original child custody situation might have been best at the time, things have changed. When you need to modify your child custody arrangement, it is helpful to work closely with a custody modification attorney who knows the court process in Summit County and has your best interests at heart. Erb Legal’s custody attorneys in Akron are ready to help you
Let us help you through this complex legal process so that you can focus on your child’s well-being. Call Erb Legal today at 330-249-1778 or use our online contact form for a free consultation.