What Legal Requirements Must Be Established For A Custody Case Change In Ohio?
This is a follow-up article to guest contributor Judianne Cochran’s post of March 1, 2014 titled “Custody Issues: Post-Decree Modification in Ohio”.
In that article Judi focused primarily on the importance of hiring a seasoned family law lawyer that frequently litigates post-decree custody matters. In this article I want to discuss the legal requirements that must be provided to be successful in a change of custody case.
If you are looking to modify your divorce decree, one of the first major obstacles you will face is determining whether or not you have met the standard for a “change of circumstances” which is required before any modification can occur. There are a few resources we can look to that provide insight as to what this amounts to, including case law and statutes.
Statute:
Ohio Revised Code Section 3109.04 (E)(1)(a) gives us a quick glimpse and some stern words on what it takes to meet the “change of circumstances” required.
“The court shall not modify a prior decree allocating parental rights and responsibilities for the … Read More... “Custody Case Change – The Requirements”