When parents separate or divorce in Ohio, one of the most important issues they must resolve is how to divide time with their children, which is often called “parenting time” in Ohio law. While the original parenting time order is usually part of the custody order, parents’ lives and children’s needs often change over time, which leads many parents to wonder whether they can adjust the parenting schedule without reopening a full custody case
Parenting Time Modifications Versus Custody Modifications
First, let’s clarify the difference between modifying parenting time and modifying custody in Ohio. In Ohio law, “custody” refers to parental rights and responsibilities, such as decision-making authority and primary residence. Modifying custody usually involves a significant legal process and a high burden of proof, like demonstrating that a change in circumstances makes a new custody arrangement necessary for the child’s best interest.
Parenting time, on the other hand, is more flexible. While custody decisions are often set in stone unless something major happens, parenting time schedules are expected to adapt to life’s realities. Courts recognize that children grow up, parents’ jobs change, and family needs shift. Because of this, Ohio law allows parenting time schedules to be modified without having to reopen the entire custody case.
How Parenting Time Modifications Work in Ohio
The good news is that Ohio law allows parents to modify parenting time schedules without reopening the entire custody order, which is a huge relief for many families who want to tweak their schedules but do not want the expense, emotional strain, or complexity of reopening the whole custody case.
How Do Parents Make Parenting Time Changes?
If you already have a court-approved parenting time schedule in Ohio and want to make changes, the first step is figuring out whether the changes can be done by agreement or if you’ll need court approval.
Ideally, both parents will work together to agree on a new parenting schedule. If parents agree, they can submit the new schedule to the court for approval, often by filing a simple motion or agreed entry. The court will usually approve the change unless it is not in the child’s best interest. Courts typically view agreed changes to parenting time as a positive sign that parents are co-parenting effectively and focusing on the child’s needs.
But what if parents do not agree? If one parent wants to modify the parenting schedule and the other does not, the parent seeking the change can file a motion with the court asking for a modification of parenting time. The court will consider whether the change is in the child’s best interest, but it will not require the parent to prove the strict standard of a change in circumstances that is required for a custody modification.
Factors the Court Considers in Parenting Time Modifications
Ohio courts will consider the child’s best interest when deciding whether to modify parenting time. The Ohio Revised Code lists several factors for courts to consider when determining the child’s best interest. These include the child’s wishes (if appropriate), the child’s adjustment to home, school, and community, the mental and physical health of everyone involved, each parent’s ability to encourage a relationship between the child and the other parent, and any history of abuse or neglect.
The court may also consider practical matters like a parent’s work schedule, the child’s extracurricular activities, and the distance between parents’ homes. Courts are generally willing to approve parenting time modifications that make the schedule more manageable, reduce conflict, or better meet the child’s evolving needs.
Common Reasons for Parenting Time Modifications
Parenting time modifications often occur when one parent’s work schedule changes, when children grow older and their needs shift, or when parents move. For example, a parent may need to adjust parenting time if they start working weekends or if a child’s after-school activities make the original schedule impractical. Sometimes, as children mature, they may express a desire for a different schedule, such as spending more time with one parent during the summer or holidays.
Other times, parenting time needs to change because a parent relocates. While a major move might require a more formal relocation motion, a smaller change in residence within the same general area may only call for a parenting time adjustment. The key is whether the existing schedule still works for the family or whether a modification would better support the child’s well-being.
Why Parenting Time Modifications Matter
Modifying parenting time without reopening the custody case allows families to stay flexible and responsive to their children’s needs. Life is unpredictable, and the parenting time schedule that worked when your child was five may not make sense when they are twelve. Parenting time modifications help families adjust in a way that is less stressful and costly than a full-blown custody battle.
Consult An Attorney
Parenting time modifications are not just legal formalities. They are tools for building a healthy, stable, and supportive environment for your child as they grow and thrive. If you are a parent in Ohio who needs to adjust your parenting schedule, you may not have to reopen the entire custody case to make reasonable changes. Whether you and the other parent agree or you need to ask the court to decide, there is a legal path to modify parenting time in a way that supports your child’s best interests.
If you are unsure how to proceed, consulting an experienced family law attorney can help you navigate the process with confidence. Call Lawrence Law Office 24/7 at 614-362-9396 to schedule a consultation with our team.
