Modification of Parenting Orders

The allocation of parental rights and responsibilities is always modifiable. In order to modify a previous allocation of parental rights and responsibilities the party requesting the modification must show that a change has occurred in the circumstances of the child, the residential parent, or either parent if there was an award of shared parenting, and that a modification is in the best interest of the minor child.

As with the initial allocation of parental rights any modification of the allocation of parental rights may cause a need for the court or the parties to modify the schedule of parenting time. Ohio Revised Code §3109.051 governs the modification of parenting time along with the Court’s Local Rules 17 and 18.

A Parenting Proceeding Affidavit must be filed pursuant to Ohio Revised Code §3127.23 upon the filing of a motion to modify a parenting order. The Parenting Proceeding Affidavit is a sworn statement stating the names and dates of birth of the minor children of the parties, their residence addresses for the previous five years and whether any or all of the children have been the subject of any court cases where a designation of parental rights has been made no matter where the location of the case. The Parenting Proceeding Affidavit is necessary for the Court to determine if it has the authority to issue parenting orders in the case being filed.