How to modify child custody and parenting time in Ohio

Sources last checked 4 November 2026. Information only, not legal advice. This page rests on the text of R.C. 3109.04 as supplied to us in the Ohio Legislative Service Commission’s authenticated PDF (effective 9 June 2011, House Bill 121, the only version the Ohio site lists), on the Supreme Court of Ohio’s standardized forms, and on a summary of one Ohio Supreme Court decision. Read what we could not confirm below.

Ohio divorce kitChild custody in OhioModifying child support and spousal support in OhioAfter your divorce: changing a support or custody order

The short version

To change who has custody in Ohio, R.C. 3109.04(E)(1)(a) says the court may not modify a prior decree allocating parental rights and responsibilities unless it finds, based on facts that arose after the decree or were unknown to the court then, that “a change has occurred in the circumstances of the child” or of the residential parent (or of either parent under a shared parenting decree), and that the modification is “necessary to serve the best interest of the child”. The court must also keep the residential parent named in the earlier decree unless changing is in the child’s best interest and one of three conditions applies: the residential parent agrees, the child has been integrated into the other person’s family with consent, or the “harm likely to be caused by a change of environment” is outweighed by the advantages of the change. The Supreme Court of Ohio publishes standardized motions for the request: DR Form 27 / Juvenile Form 6 for custody and DR Form 26 / Juvenile Form 5 for parenting time. For changing child support or spousal support instead, see modifying child support and spousal support in Ohio.

What must be shown

  • Changing the residential parent or legal custodian (E)(1)(a). Three things: new or previously unknown facts, a change in circumstances, and that the change is necessary to serve the child’s best interest. Then one of the three conditions above. The condition most often at issue is the third, a balance of the harm of moving the child against the advantages.
  • Moving from sole custody to shared parenting (E)(1)(b). Either or both parents may file a motion asking to modify a decree that is not a shared parenting decree so that both parents share rights and responsibilities. The motion must include a shared parenting plan that complies with division (G). The court may grant it only if a modification is authorized under (E)(1)(a), it approves the plan under divisions (A) and (D)(1), and it finds shared parenting is in the children’s best interest.
  • Changing an existing shared parenting plan (E)(2). Both parents may jointly modify the plan at any time, and the court includes their changes unless they are not in the children’s best interest. The court may also modify plan terms on its own motion or at a parent’s request if the change is in the children’s best interest.
  • Ending a shared parenting decree (E)(2)(c) and (d). Where the plan was approved on both parents’ joint request, the court may terminate the decree on the request of one or both parents, or whenever it finds shared parenting is not in the children’s best interest. For plans approved on separate filings, it may terminate if it finds shared parenting is not in the children’s best interest. After termination the court issues a modified decree under divisions (A), (B) and (C) “as if no decree for shared parenting had been granted”. A summary we read of Bruns v. Green, 163 Ohio St.3d 43, 2020-Ohio-4787 (decided 8 October 2020), says the Supreme Court of Ohio held that the change-in-circumstances finding in (E)(1)(a) does not apply to a termination and that only the child’s best interest is considered. We did not read the opinion.
  • Parenting time. R.C. 3109.04 covers the allocation of parental rights and responsibilities. Parenting time (companionship and visitation) is covered by a different section, R.C. 3109.051, which we did not read, so this page does not state what must be shown to change a parenting time schedule alone. The court’s own form for that request is DR Form 26 / Juvenile Form 5.
  • Military service (I). A parent ordered to active military service must notify the other parent within three days. Either parent may ask for an expedited hearing, to be held within 30 days. The court may not find “past, present, or possible future active military service” to be a change in circumstances justifying modification, and must make written findings for any modification under this division. A temporary order for the length of the service is allowed.

How the court decides: best interests

  • The factors (F)(1). For an original or modified decree the court considers all relevant factors, including: (a) the parents’ wishes; (b) the child’s wishes, if interviewed in chambers; (c) the child’s interaction with parents, siblings and others who may significantly affect the child; (d) adjustment to home, school and community; (e) the mental and physical health of everyone involved; (f) which parent is more likely to honor and facilitate court-approved parenting time; (g) whether either parent has failed to pay court-ordered child support, including arrears; (h) criminal convictions, abuse or neglect findings and domestic violence involving either parent or a household member; (i) whether the residential parent, or a parent under a shared parenting decree, has continuously and willfully denied the other parent’s parenting time; and (j) whether either parent has established, or plans to establish, a residence outside Ohio.
  • Shared parenting (F)(2). To decide if shared parenting is in the child’s best interest, the court also considers the factors in section 3119.23 and these: the parents’ ability to cooperate and make decisions jointly; each parent’s ability to encourage love, affection and contact with the other parent; any history of, or potential for, child abuse, spouse abuse, other domestic violence or parental kidnapping; the parents’ geographic proximity; and the guardian ad litem’s recommendation. Whenever possible a shared parenting plan must ensure “frequent and continuing contact” with both parents, unless that would not be in the child’s best interest.
  • Money. The court may not prefer a parent because of that parent’s “financial status or condition” (F)(3).
  • Talking to the child (B). The court may, and on either party’s request shall, interview the children in chambers. It first decides whether the child has sufficient reasoning ability to express wishes and whether special circumstances make the interview inappropriate. Only the child, the child’s attorney, the judge, necessary court staff and, at the judge’s discretion, each parent’s attorney may be present. The court may appoint a guardian ad litem, and must do so on a parent’s motion. No one may obtain a written or recorded statement or affidavit of the child’s wishes, and the court may not accept one.
  • Investigations (C). Before trial the court may order an investigation of each parent’s character, family relations, past conduct, earning ability and financial worth, and may order the parents and children to have medical, psychological and psychiatric examinations. The report must be available to the parents or their counsel at least five days before trial.
  • Abuse, neglect and domestic violence history (C). The court considers evidence that a parent caused a child to be a neglected child as a fact against naming that parent the residential parent and against shared parenting. If a parent has convictions for domestic violence or specified offenses against a household member, or has been found to be the perpetrator of abuse, the court may name that parent the residential parent or order shared parenting only if it finds this is in the child’s best interest and makes specific written findings of fact.
  • Affidavit (M). Each parent must file an affidavit saying whether the parent and the parent’s household members have been convicted of, or pleaded guilty to, the offenses identified in divisions (C) and (F)(1)(h).
  • Appeals (H). An appeal from a decision that grants or modifies a decree gets calendar priority.

What the form asks for

The court’s page for a change in allocation of parental rights and responsibilities lists the forms needed to file:

  • DR Form 27 / Juvenile Form 6, Motion for Change of Parental Rights and Responsibilities (Custody) (amended 21 September 2020). It is captioned for a Court of Common Pleas, with the division and county left blank. It asks for the movant’s name, the date of the existing order, each child’s name and date of birth, the current allocation, what has changed, the change requested and the best-interest statement. It has boxes to ask the court to assess reasonable attorney fees and court costs, and a signature block for an attorney or self-represented party.
  • Form 3, Parenting Proceeding Affidavit (amended 1 June 2021). It cites R.C. 3127.23(A), and its instructions say “this affidavit must be filed and served with any Complaint, Petition or Motion” about parental rights and responsibilities, parenting time, custody or visitation. It asks for each child’s residences for the last five years, other custody cases you took part in, other related cases you know of, certain criminal convictions of you and your household, and non-parties who have physical custody or claim custody or visitation rights. It is sworn before a notary public.
  • Form 1, Affidavit of Basic Information, Income and Expenses, and Form 4, Health Insurance Affidavit. The court’s page lists both as needed to file. We did not open them.
  • DR Form 31 / Juvenile Form 10, Request for Service. Form 27 says a Request for Service and a Parenting Proceeding Affidavit must be filed with the motion. Form 31 lets you list the documents to be served and choose certified mail, return receipt requested, issuance to the sheriff for personal or residence service, or another method.
  • If you reach an agreement: Form 20 (Shared Parenting Plan) or Form 21 (Parenting Plan). To finish the case: DR Form 22 / Juvenile Form 1, Parenting Judgment Entry, which the page says parties may need to provide if the local court requires it. The page also lists a Parenting Time Schedule.
  • For parenting time only: the court’s Change in Parenting Time page lists DR Form 26 / Juvenile Form 5, Motion for Change of Parenting Time (Companionship and Visitation) (amended 21 September 2020), with Forms 1, 3 and 31.

Filing, notice and what happens next

  • Local rules: the court’s page tells you to “Check for other local court procedures”, and Form 3 says “Check local court rules to determine when this form must be filed”. We did not read any court’s local rules.
  • Contact details: the forms warn that you must update the clerk of courts if the contact information at the top of the form changes.
  • Service: Form 31 is how you ask the clerk to serve the other party. We did not read the rules on who may serve papers or by when.
  • Hearing and decision: the forms we read do not describe what happens at a hearing, so this page does not either.

Before you file

  • Filing fees: this page states no amount, because none of the sources we read gives one. Ask the clerk of courts in the county where you will file.
  • Legal advice: the court’s page says its forms “do not include instructions, legal advice regarding your rights and responsibilities”, and each form says it is “not a substitute for the benefit of the advice of legal counsel”.
  • Whether the order you want changed is a custody order or a parenting-time order decides which motion to use. Read your existing decree or order before you start.
  • Changing child support or spousal support uses different rules. See modifying child support and spousal support in Ohio, and the Ohio divorce kit for the wider process and for free or low-cost help.

What we could not confirm

  • Statute text. We read R.C. 3109.04 from the Legislative Service Commission’s authenticated PDF supplied to us, effective 9 June 2011. The Ohio site lists no other version, but we did not check for amendments, or read the sections it cites, including 3109.051 (parenting time), 3109.052 (mediation), 3119.23 (child support factors) and 3127.01 to 3127.53 (jurisdiction).
  • Case law. We read one Ohio Supreme Court decision only in a summary (Bruns v. Green) and no other opinion, so we cannot say how Ohio courts apply the change-in-circumstances rule, what counts as a change, or how they weigh harm against advantage.
  • Parenting time alone. We did not read what must be shown to change a parenting-time schedule.
  • Filing fees and service costs. No source we read states an amount.
  • Which court and division. The form is captioned for a Court of Common Pleas and a division. We did not read what determines the right division or county for your case.
  • The other forms. We did not open Forms 1, 4, 20, 21 or 22 or the Parenting Time Schedule. We know them only from the court’s page.
  • Court rules and local practice. We did not read the Ohio Rules of Civil Procedure, the Rules of Juvenile Procedure or any county’s local rules, so we cannot say how mediation, investigations or hearings work in your county.
  • Form currency. The forms we read are marked amended 21 September 2020 (Forms 26, 27 and 31) and 1 June 2021 (Form 3). We did not check for later versions.

Spot something out of date? See our corrections or email hello@thecusp.app.

Sources