Can You Change a Custody Order in Ohio?

Custody arrangements are meant to protect children and support families. But when circumstances change, your existing order may no longer work. If you’re considering an update, it’s important to know Ohio’s legal standards for modifying custody.

This article breaks down the difference between custody and parenting time, explains when and how orders can be changed, and highlights what courts look for during the review process. 

Watch the video below for essential information about custody modifications in Ohio or continue reading for step-by-step guidance and deeper insights. 

In this video, Attorney Nicholas Weiss explains the legal standards for modifying custody orders in Ohio and answers common questions about the process.

Understanding Custody vs. Parenting Time 

Before you seek a modification, it’s essential to know what your current order covers. 

• Custody refers to the legal authority to make major decisions for your child, such as education, healthcare, and religious upbringing. 

• Parenting time is the schedule that determines when each parent spends time with the child. 

Why does this distinction matter? 

• Modifying custody requires showing a substantial change in circumstances and proving that the change is in the child’s best interest. 

• Modifying parenting time is often more flexible and may only require showing that the new schedule benefits the child. 

For more details on shared parenting plans and parenting time, see our article: Navigating Shared Parenting Plans and Parenting Time 

When Can You Change a Custody Order? 

In Ohio, custody orders can be modified under Ohio Revised Code § 3109.04(E), but only if two key conditions are met: 

1. There has been a substantial change in circumstances affecting the child, the residential parent, or either parent in a shared parenting plan. 

1. The modification is in the best interest of the child. 

Importantly, a parent’s relocation alone does not automatically justify a custody change. The court must determine whether the move significantly affects the child’s well-being and whether a change in custody would benefit the child more than it would harm them. The relocating parent must also provide formal notice to the court. 

Common reasons for modification include: 

• Changes in the child’s health, education, or emotional needs 

• A parent’s relocation that disrupts the child’s stability or the other parent’s ability to maintain a relationship 

• Integration of the child into the family of the person seeking custody (with parental consent) 

• Agreement between parents to change the residential parent 

The court will not modify a prior custody decision unless new facts have emerged, or previously unknown facts come to light that materially affect the child’s situation. 

For more details, see Ohio Revised Code § 3109.04. 

Which Court Handles Your Custody Case and Modifications? 

Jurisdiction is key when it comes to modifying a custody order. In Ohio, the court that originally made the custody decision, typically the Domestic Relations Division of the Court of Common Pleas in your county, keeps authority over your case as long as your family maintains ties to Ohio. 

Jurisdiction is determined by: 

• The county court where the original custody order was issued 

• Whether you, your child, or the other parent still live in Ohio 

• The child’s “home state,” meaning where the child has lived for at least six consecutive months before the case begins 

If neither the child nor either parent (or person acting as a parent) lives in Ohio anymore, the Ohio court loses the power to modify custody or visitation. Only the court with proper jurisdiction can hear modification requests and make legally binding decisions. 

Steps to Change a Custody Order 

If you need to change a custody order, the process generally involves: 

• Gathering Evidence: Collect documentation that shows a significant change in circumstances since the last order. 

• Filing a Motion: Submit a formal request (motion) to the county court that issued your original custody order. 

• Notifying the Other Parent: The other parent must be officially informed of your request. 

• Court Review: The court will review your motion, may schedule a hearing, and will decide if a modification is in the child’s best interest. 

Each case is unique, and requirements can vary. For specific advice and to ensure your rights are protected, consult with a licensed Ohio family law attorney. 

When Can You Change Parenting Time? 

Parenting time modifications are generally more flexible than custody changes. While custody changes require a substantial change in circumstances, parenting time can be modified if the court finds that the new schedule is in the best interest of the child. 

To request a change: 

1. File a motion with the court that issued the original parenting time order. 

1. Notify the other parent of the request. 

1. Present evidence showing how the new schedule supports the child’s well-being. 

If both parents agree, the court may approve the change without a hearing. If not, the court will consider factors such as the child’s age, school schedule, relationship with each parent, and any history of abuse or neglect. 

Conclusion 

Modifying a custody order in Ohio requires meeting specific legal standards and careful consideration of new facts and the potential impact on the child’s environment. Courts will only consider changes if they benefit the child’s well-being and all legal requirements are met. 

If you have questions about your custody arrangement or need help navigating the process, N.P. Weiss Law is here to guide you. 

Read to take the next step? Book a paid consultation now or contact our office to see how we can help. 

About the Author 

Nicholas Weiss is the founder and supervising Attorney of N.P. Weiss Law, serving clients across Northeast Ohio in real estate, family law, and estate planning. He is committed to helping property owners, businesses, and families navigate legal challenges with clarity and confidence. Learn more about Nicholas Weiss. 

This blog post is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. For personalized guidance, please consult with a licensed Ohio attorney.