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Ohio

How do I change a custody order in Ohio?

Quick answer

Under R.C. 3109.04(E)(1)(a), an Ohio court may not modify a prior decree allocating parental rights and responsibilities unless it finds, based on facts that arose since the decree or were unknown to the court, that a change has occurred in the circumstances of the child, the residential parent, or either parent under a shared parenting decree, and that the modification is necessary to serve the child’s best interest.

Researched by Dan Martin, Legal Researcher · Published by Onbello Legal · Last updated October 2026

Keeping the current residential parent

Even then, the court must keep the residential parent named in the prior decree unless the modification is in the child’s best interest and one of three conditions applies: the residential parent agrees (or both parents under a shared parenting decree agree); the child has been integrated into the family of the parent seeking the change with the residential parent’s consent; or the harm likely to be caused by a change of environment is outweighed by its advantages to the child.

The Supreme Court of Ohio held in Fisher v. Hasenjager, 2007-Ohio-5589, that this standard applies to changing the designation of residential parent and legal custodian under a shared parenting decree too. Other terms of a shared parenting plan can be changed under R.C. 3109.04(E)(2)(b) if the change is in the children’s best interest.

The form

The Supreme Court of Ohio’s uniform Form 27 (Uniform Juvenile Form 6), Motion for Change of Parental Rights and Responsibilities (Custody), asks how circumstances have changed and what change you want. Its instructions say a Request for Service (Form 31) and a Parenting Proceeding Affidavit (Affidavit 3) must be filed with it. After a divorce or legal separation decree, the motion is filed in the original case and served as process is served (Civ.R. 75(J)).

Tools and resources

Where to check this

Forms, deadlines, and local rules change. Verify anything on this page against the official self-help resources for your state before you rely on it.

This page is general legal information, not legal advice, and does not create an attorney–client relationship. Laws and local rules vary and change. For advice about your situation, consult a licensed family-law attorney in your state.

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