Those who somehow manage to walk away from divorce proceedings equipped with a well-functioning child custody order are lucky. Most times, one or both co-parents are not in love with the arrangements.
You may know you can eventually seek post-divorce custody order modifications but be aware that courts won’t approve frivolous requests. Parents must show a significant change in circumstances to persuade a judge to change their custody arrangements.
When one parent must move a distance away, it is safe to assume the child custody order will no longer function. In these cases, courts will consider modifying the arrangements if it does not compromise the children’s best interests. They look at factors like the reason for the parental move and how much a modification might disrupt the children’s lives.
This may surprise you, but parents should formally petition for a child custody modification when their co-parents die. An official modification request allows the court to ensure the remaining parent is ready and capable of taking full responsibility for the children. The court can help formalize an alternative custody arrangement for those who cannot assume this responsibility.
Danger to children
Family courts carefully consider modification petitions involving claims that the current custody arrangements expose children to danger. For example, if you believe your co-parent or perhaps their new spouse is committing domestic violence, the court will likely order an investigation. Other examples of possible danger include exposure to criminal elements and chronic substance abuse.
When petitioning for court order changes, it helps to know the laws that govern child custody here in Ohio. Someone with experience handling post-divorce modification petitions can help you present your case.