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Post-Decree Modification

Bringing About Change When Modification Is Needed


A modification to child custody, visitation or support arrangements may be requested due to illness, relocation or changes in the child's needs as well as many other important reasons. When changes in your circumstances occur, sound legal counsel from an experienced attorney is vital. If are seeking a modification or want to enforce a court-ordered decree, call the Mesaros Law Office in Centerville, Ohio at 937-424-3658.


 


Requirements for Post-Decree Modification

The standard in granting most modifications is a "substantial change in circumstances." Job loss that leads to a significant reduction in income is a common reason for modification to divorce decrees governing spousal support (alimony) payments and child support arrangements. However, finances may not be the only reason for modification. When a parent has failed to live up to their responsibilities (non-compliance) regarding visitation or child support payments, modification may be necessary. Illness, injury or relocation can necessitate a change in custody arrangements as well.


There are several factors you should keep in mind regarding modification:

Time frames are compressed - you should contact a lawyer as soon as possible following or in anticipation of a significant change in circumstances


Standards have to be met - in Ohio, some situations require you must be able to prove not only what is in a child's best interests but also a "substantial" change in circumstances


Children do NOT get to elect where they live - there is no age in Ohio when a child can choose where they want to live. Although older children do get more input and consideration on this issue, their wishes alone are usually not a sufficient basis to change custody.

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