Ohio couples who wish to revisit their parenting plan may want to consider doing it through the courts. Each situation is unique, as is each family. Having some idea about when to modify a parenting plan may assist in deciding how to proceed.
Under the Ohio divorce statutes, a modification of a shared parenting decree becomes necessary in some situations. The parents must provide evidence as to why the revision is in the best interests of the child.
Change in circumstance
Your parenting plan worked when the divorce was fresh. Since then, your life has undergone a series of changes that makes the schedule too challenging to maintain. For example, a job change requiring frequent trips may make adhering to the visitation plan tricky. Instead of scheduling makeup days or swapping time with the other parent, a complete revision may prove beneficial to the children and parents.
Benefits to the children
First and foremost, the court must maintain a “best interest of the child” stance. Some of the questions the court may ask include:
- The children’s adjustment issues
- The opinion of the child, if old enough speak to the court
- The prior commitment to the schedule
- Parental criminal convictions
- Adherence to child support payments
Once the court reviews the answers to these, and other questions, the court may determine a modification of the shared parenting decree is necessary.
Going through the judicial process may seem off-putting, but it may yield the best result for the parties. This information is for educational purposes and is not a substitute for legal advice.