Either parent may file a petition to modify a child custody order—but usually only when there is a substantial change in circumstances that affects the child (including changes in one or both of the parents’ lives) that justifies the court revisiting and possibly modifying the earlier child custody order.
The petition to modify child custody generally must be filed in the same court in which the parents’ divorce case was decided. But if the child lives in a different county or state, the courts of the county or state where the child lives may be the proper place to file a petition to modify a child custody order.
In Ohio, either parent has the right to file a petition to modify a child custody order. However, the court will only consider such a petition if there is evidence of a substantial change in circumstances that affects the welfare of the child. This could include significant changes in the life of either parent or the child. The standard for what constitutes a substantial change is determined by Ohio law and the interpretation of the courts. Typically, the petition to modify custody must be filed in the court that issued the original custody order. If the child has since moved to a different county or state, the jurisdiction may shift to the courts in the child's current place of residence. This is in line with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which Ohio has adopted, and which dictates that the child's home state has jurisdiction over custody matters. It's important for parents to understand that the child's best interests are the court's paramount concern when considering any modification to custody arrangements.