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Does a custody modification require re-litigating your case?

On Behalf of | May 21, 2022 | Custody |

The process of splitting custody with your ex in an Ohio divorce can be a contentious and frustrating experience. The two of you may fight bitterly over who makes certain decisions and how you split your time with the kids. 

The custody order that results from those court proceedings will guide both of your relationships with the children for the foreseeable future. However, the chances are good that your family circumstances will change significantly in the years following your divorce. 

If you want to modify your Ohio custody order, does that mean that you and your ex re-litigate all of the major issues in family court? 

You can file an uncontested modification request

The main determining factor about whether or not you will have to litigate your custody modification request is whether you can reach an agreement with your ex or not. 

Provided that both of you agree that some changes are necessary and how you should adjust your parenting plan for the benefit of your children, you could file an uncontested modification request. With an uncontested request, a judge just needs to review the proposed terms to make sure that they are in the best interests of the children. 

If the two of you do not reach an agreement about what is the best way to update your custody arrangements, then litigation may be necessary as part of a contested modification request. As with an initial custody dispute, you will need to present evidence to the court and ask a judge to make a decision about what would be best for the kids. 

Learning more about the rules that apply to post-divorce modifications will help you have as much time as possible with your children.