Life doesn’t stand still after a marriage ends. Jobs change, people move, children grow up—and when these things happen, the parenting plan or child support order that made sense at the time of your dissolution might no longer work for your family. Fortunately, Ohio law allows for post-decree modifications to custody, parenting time, and support orders when circumstances change significantly.
Whether you’re looking to adjust your parenting schedule, change custody arrangements, or revise your child support obligations, it’s important to understand the process for making those changes legally binding. Here’s what to expect if you’re considering modifying custody after a dissolution in Ohio.
When You Can Request a Modification
In Ohio, absent an agreement by the parents, the court won’t change custody or support just because one parent wants to. You must show that there’s been a significant change in circumstances since the original order was issued.
This might include:
- A parent losing a job or having a substantial change in income
- One parent relocating or planning to move far enough away to disrupt the current parenting schedule
- The child developing new needs, such as medical or educational issues
- Ongoing conflict between parents that makes the current parenting plan unworkable
- Evidence that one parent isn’t complying with the existing order
The key consideration in every case is whether the proposed change serves the best interests of the child. That standard is always at the center of any custody or support decision in Ohio courts.
How the Process Works in Ohio
To request changes to an existing court order, you must file a motion with the domestic relations division of your local family court—usually in the same county where the dissolution was granted.
Here’s a general step-by-step outline of what the process might look like:
- File a Motion for Modification : You (or your attorney) file a formal request to change custody, support, or the parenting plan. This is called a post-decree motion, since it comes after the court’s original final decree.
- Serve the Other Parent : The other parent must be legally notified of your request and given a chance to respond.
- Submit Evidence : You’ll need to provide documentation or testimony showing that your circumstances—or the child’s needs—have changed significantly. This might include medical records, school reports, financial statements, or other relevant materials.
- Mediation or Court Hearings : In some counties, the court may order both parties to attend mediation to try and reach an agreement outside of court. If mediation fails, or if one parent refuses to participate, the court will hold a hearing to evaluate the evidence and make a decision.
- Court Ruling: If the judge finds that there has been a material change in circumstances and the change is in the child’s best interest, the modification will be granted.
These steps apply whether you’re seeking a child custody change after dissolution in Ohio or a child support modification.
FAQ: Common Questions About Post-Decree Modifications
Can both parents agree on changes without going to court?
Yes—but only to a point. Parents can agree on a new schedule or support arrangement informally, but those changes are not legally enforceable until they are filed with and approved by the court. If your situation changes and the other parent stops cooperating, the court will only enforce the most recent court-approved order. To protect your rights, always formalize any agreement.
How often can custody be changed in Ohio?
There’s no set limit, but the court generally won’t entertain repeated requests without a clear and substantial reason. If you’ve already had a modification hearing, you’ll need to show a new and different change in circumstances to bring another motion.
What if the other parent disagrees with the proposed change?
The court will schedule a hearing, and both sides will present their arguments and evidence. If one parent strongly opposes the change, it becomes especially important to have an experienced custody lawyer helping you prepare your case. Ultimately, the judge will decide based on what’s in the child’s best interest.
Why You Need to Go Through Legal Channels
Many parents try to work out informal changes to their custody or support agreements on their own. That may seem easier in the short term—but it can cause big problems later. If one parent stops cooperating or if there’s a disagreement, you’ll have no legal protection unless the changes were made official through the court.
Post-decree modifications are legal matters, and the paperwork must be filed properly. The burden is on you to show that the change is necessary and justified.
Work with Experienced Family Law Attorneys
At Garretson & Holcomb, LLC, we help parents in West Chester Township and the surrounding areas update parenting plans and support orders in ways that reflect real life. Whether you’re requesting a change or responding to one, we’re here to guide you through the process, present your case effectively, and help ensure your rights—and your child’s well-being—are protected.
We’ve been serving Ohio families for decades, and we know how emotional and complicated these situations can be. We take the time to understand your goals, explain your options, and fight for a solution that works for you.
To schedule a consultation, call us today at (513) 863-6600 or visit us at our office in West Chester Township.
