Chalfont, PA asked in Family Law for Ohio

Q: Is it possible to change the custody terms of a separation agreement after a dissolution is finalized?

I finalized a dissolution with my spouse about a year ago and after having had to abide by the originally agreed upon terms, I am pessimistic as to whether or not I can do anything to amend these terms. Without cooperation from my ex, is there anything that can be done to revise the terms so that I could spend more quality time with my child, as well as reduce the time having to interact with my ex-wife? If not, is there anything that can be done in terms of who is responsible for determining whether or not my living quarters are suitable for my child? The original agreement gives my ex-wife the right to decide on that matter and I am worried, due to the deteriorated state of her and my relationship, that the decision would not be made fairly. Instead of just giving up, I figured I should at least determine whether or not I had any options.

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1 Lawyer Answer
Nicholas P. Weiss
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Answered
  • Cleveland Heights, OH
  • Licensed in Ohio

A: To change a divorce decreed (or in this case a dissolution) after the decree for parenting time you need 1) a change in circumstance since the decree and 2) the change must be in the best interest of the child. It is possible that the deteriorating conditions you're describing could be that change in circumstance, and you could argue that the parenting plan should be changed as a result.

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