Changing Parenting Time in Lorain County
In Ohio, parenting time (sometimes called visitation in other states) is the time that the non-custodial parent gets to spend with a child. Once a schedule is set, it cannot be changed without a Court order. Find out what you need to know to ask for a change in parenting time and how to start the process.
After the Court makes an order for parenting time, it’s possible for your situation to change. You might get a new job with hours that overlap with your parenting time. Or your child could start a new after-school activity that happens during your parenting time. If there is a change like this that creates a problem with your old parenting time schedule, you can ask the Court to change it.
If you and the other parent do not agree on the parenting time change, you may want to consider speaking with a lawyer. Click on "Legal Help and Lawyers" below to see your options for finding a lawyer in Lorain County.
Requirements for a parenting time change
To get a parenting time order changed, you must show the Court that:
- The existing schedule is no longer in the child’s best interest, AND
- A different schedule will meet the child’s best interest.
The Court is required to consider several factors when considering parenting time changes, including:
- The distance between each parent’s residence.
- The health and safety of the child.
- The amount of time the child will spend with siblings.
- The mental and physical health of all parties.
- Each parent’s willingness to reschedule missed visitation and to help the other parent easily exercise visitation rights.
- The age of the child.
- The child’s adjustment to home, school and the community.
How to start a parenting time change
To start a parenting time change, you have to file a motion with the Court.
You can use Form Assistants on this site to prepare your motion.
- Use these forms for Lorain County Domestic Relations Court
- Use these forms for Lorain County Juvenile Court
- If you're not sure which court issued your order, you can check the case number on your existing court order. [INSERT INSTRUCTIONS FOR DIFFERENTIATING DR AND J CASE NUMBERS]. If you need additional help determining which court your case is in, contact the Help Center at (440) 406-3288.
You can use the forms on this site to enter the information you need to include in your motion. You also can find information about parenting time in Domestic Relations Court Rules 29 and 30.
[INSERT FILING INSTRUCTIONS]
Pay attention to communications from the Court
After you file with the Court and service is complete, the Court will schedule a hearing. Make sure to check your mail and respond promptly to any letters sent to you by the Court. You must go to any hearing or meeting the Court schedules. If you don't attend, the Court may hold an uncontested hearing or dismiss your motion.
At the hearing
At the hearing, you will need to explain to the Judge or Magistrate:
- What has changed since the current schedule was issued.
- Why that change interferes with the current schedule.
- How the change would meet the child’s best interests.
If you and the other parent agree, you can both testify that you agree and why.
If you and the other parent don’t agree, you will need to present evidence to show that it is in the child’s best interest to change the parenting time schedule, like:
- Documentation of the physical and mental health of children and/or adults.
- Documentation of the child's extracurricular activities and how they will be affected by the current and proposed plans.
- Pictures showing that the proposed visitation location is appropriate for the child.
- Pictures of interactions with family members.
- Google map directions to show the travel time for visitation.
- Witnesses who will testify on your behalf about what they have personally seen or heard. You can testify on your own behalf.
The Court will look at this evidence to determine the best interests of the child. Present your evidence to show that the change in custody meets the legal requirement of "best interests of the child."
Your child will not be allowed in the courtroom during the hearing. Make sure that you arrange for childcare in advance.
Changes in parenting time can have a huge impact on your child and your family. If you’re trying to have your parenting time order changed, consider getting a lawyer.