Changing Parenting Time in Lorain County

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. 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.

Once you complete the forms and are ready to file:

• Print your forms. You can print your forms at a public library. It costs about 10 cents per page. Learn about printing at the Lorain County Public Library System or the Elyria Public Library System.
• Sign your forms, with a notary if needed. Your forms will include a cover sheet. The cover sheet has instructions for signing your forms. Follow the instructions carefully. If your forms include an affidavit, you must sign the affidavit in front of a notary. You can find a notary by searching online for “a notary near me.” Do not sign the affidavit until you are in front of a notary. If your forms do not include an affidavit, you can sign them without a notary.
• Make copies of your forms. You are responsible for making copies of your forms for the Court. You can make copies at the public library for about 10 cents per page. Make at least 2 copies for the Court. Make one extra copy for your records.
• Bring your forms to the Clerk of Courts. Go to the Lorain County Justice Center at 225 Court Street in Elyria to file your forms. File your forms with the Domestic Relations Clerk or Juvenile Clerk, depending on your case:
  • Domestic Relations Division Clerk
  • Juvenile Division Clerk
• Complete service. You must serve papers to the other parent. Follow up with the Clerk of Courts after about 10 business days to make sure that service has been completed.
• Attend the hearing. Once the other parent is served, the Court will schedule a hearing. You must attend the hearing. 

You must file the forms and pay the filing fee. In Lorain County, the cost to file a request for a parenting time change is $150 as of February 2025.

If you have a low income and can’t afford the filing fee, you can include a Poverty Affidavit. This form asks that you be allowed to file without paying a fee upfront. You may still be responsible for paying the fee at the end of the case. You will have the option to add the Poverty Affidavit to the packet when you complete the Form Assistant.

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.