Child Custody Modification Lawyer in Columbus

Sometimes child custody agreements need to be modified because a parent relocated, their financial condition changed, such as job loss or disability or their martial status changed, i.e. they get remarried. In those cases, you need an experienced and qualified attorney like the attorneys at the Law Office of Dmitriy Borshchak to assist you with this process and help you achieve the results that you seek.

Over 75 Reviews of 4.8 Stars

Rony R.
Rony R.
3 months ago
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I highly recommend Dmitriy Borshchak to anyone going through a divorce. He helps navigate you through the process, gives you the information you need to make decisions, and keeps it moving. Thanks Dmitriy
Efrain T.
Efrain T.
6 months ago
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100% recommended, attorney Jonathan Pope is a great family lawyer and professional, he took my case and carefully listened and provided a thorough explanation about the process. After the case was submitted attorney Jonathan Pope kept me posted in every stage of the process and he made sure my child’s interest and mine were covered by efficiently reaching an agreement taht was beneficial for both parties.

What will an Ohio family law judge look at in determining whether modification of a prior child custody agreement is warranted?

In Ohio, section 3109.04 of the Ohio Revised Code specifies that it will not modify the child custody agreement unless new facts have arisen since the Court’s entry of the prior decree, which were unknown to the Court at that time, or the following circumstances are applicable:

These could include changes in the mental or physical health of the child, changes in the mental or physical health of the residential/custodial parents, changes in the child’s residence, abuse or neglect of the child, or substance abuse issues pertaining to the child or pertaining to the custodial/residential parents.

If the court determines that a “change of circumstances” has occurred, then the court must decide whether or not to modify the custody agreement. In determining whether or not to modify the residential parent/custodian, the Court will look at whether:

  • The current custodial/residential parent has agreed to the change of custody;
  • The child has been placed in the other parent’s home by the custodial parent and is integrated into that home; or
  • The harm that will likely to be caused by the changing the child’s environment and whether that harm is outweighed by the benefit of putting the child in the other parent’s home.

However, Ohio law favors keeping the child with the current custodian. Although, if strong and persuasive evidence is presented, the court will modify the custody agreement and award custody to the other parent. The court must consider the factors cited in § 3109.04 in determining whether this modification is in the child’s “best interest”, as discussed in the previous section regarding child custody.

Modification of Child Custody
If you’re faced with a family law-related issue, the Law Office of Dmitriy Borshchak will be there for you in your time of legal crisis to remain rational and clear-headed during the duration of the process. We are extremely hardworking and 100% dedicated to helping you resolve your case as efficiently and successfully as possible, while also protecting the interests, rights, and assets of our clients. The Law Office of Dmitriy Borshchak offers clients creative, savvy and financially sound solutions and trial strategies, which are tailor made to fit the needs of each of our clients. Contact us for help with child support case!
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When an agreement is reached, the couples present the written settlement in court together with a petition to dissolve the marriage. The court will hold a hearing within 30 to 90 days after filing, where both parties must appear in court and testify that “you voluntarily entered into the separation agreement; are satisfied with its terms; made full disclosure of assets and liabilities; and, are seeking dissolution of the marriage.” The court must then approve the agreement.
Remember, if either party decides to contest one or more issues during the process, it is legally right in Ohio to apply and convert the dissolution to a divorce complaint. Similarly, if you filed for a divorce and later settled all issues, you can also apply to convert the divorce to a dissolution.
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