Since determining custody is rarely a straightforward process, most couples do not want to go back to court once they have an arrangement in place. It is not uncommon for a family’s circumstances to change over time, though, making it necessary to change the agreement. Here are the answers to some of the most frequently asked questions about modifying custody in Ohio.

Common Questions About Custody Modification

When can I request a modification?

In the state of Ohio, parties that have a court-ordered custody arrangement in place may request a modification at any time. However, whether the modification will be granted depends on a variety of factors. Before submitting a request, meet with an attorney to discuss how to achieve success.

Do I have to attend a hearing to modify custody?

If both parties can agree on the changes, they can submit the required affidavits in the county where the original order was entered and pay a filing fee. As long as the new arrangement is reasonable and still prioritizes the children’s best interests, the request should be granted. 

What if my ex does not want to modify the arrangement?

If one party contests the modification, the proceedings are a bit more complicated. Typically, the party who wants to change the arrangement will file a motion with the court and demonstrate a significant and unanticipated change in circumstances. The court will set the matter for a hearing and then issue a decision, which can take anywhere from six to nine months, and then make a ruling. If the Court does find that a change in circumstances has happened, the Court then has to still find that whatever change is made is in the best interests of the child/ren.  

What role does the guardian ad-litem play in custody proceedings?

When a modification request is contested, the court will appoint a guardian ad-litem (GAL). It is the GAL’s job to represent the best interests of any children involved during the proceedings. The GAL will investigate the situation and then report back to the court. The judge will hold the GAL’s opinion in high esteem when making a final ruling. 

If you want to modify your current custody arrangement, turn to Swartz Law Office. Located in Batavia, OH, and serving clients throughout Clermont County, this firm is led by Donald K. Swartz, who has been practicing law for more than two decades. In addition to family law, his areas of expertise include bankruptcy; wills and trusts, and real estate transactions. Visit his website to explore all the legal services he provides, or call (513) 732-0900 to schedule an initial consultation with a strategic family lawyer today.