In Ohio, a motion to reallocate parental rights and responsibilities is a legal process used to modify a prior court order establishing custody arrangements for minor children. This process is often necessary when there is a significant life change since the original order.
The difference in circumstances must be substantial and ongoing, and it must have a material impact on the child’s well-being. Significant changes in circumstances could include a parent moving to a different city or state, a parent’s job loss or the child’s changing needs due to age or health issues.
Filing a motion
The process for filing a motion for reallocation of parental rights and responsibilities begins with filing a petition with the court that issued the original order. The Supreme Court of Ohio has the necessary paperwork online. The petition must detail the reasons why the existing order requires modification. The other parent then has an opportunity to respond to the petition, either agreeing or disagreeing with the proposed changes.
Hearing the arguments
After both parties submit their arguments, the court will hold a hearing. Both parties may present evidence during this hearing and call witnesses to support their case. The court will then decide based on the child’s best interests.
If the court grants the motion to reallocate parental rights and responsibilities, it will issue a new order reflecting the modified custody arrangements. It is important to note that this new order is binding until a further modification is sought and granted by the court.
A motion for reallocating parental rights and responsibilities is a legal process used to modify existing custody arrangements when a significant change in circumstances affects the child’s well-being.