Fillable Printable Motion to Modify Parenting Order - Ohio

Motion to Modify Parenting Order - Ohio

INSTRUCTIONS FOR COMPLETING AND FILING THE MOTION TO MODIFY PARENTING ORDER

See General Information concerning Allocation of Parental Rights and Responsibilities for

details about modifying the allocation of parental rights and responsibilities before completing

this form.

Caption: On the line labeled “Plaintiff/Petitioner-01” fill in the name of the same person who was

the original Plaintiff or Petitioner-01 when the case wa s first filed.

On the line labeled “Defendant/Petitioner-02/Respondent fill in the name of the person

who was the original Defendant, Petitioner-02 or Respondent when the case was first

filed.

Fill in the same case number and judge assigned by the Clerk of Courts when

the case was first filed.

 Check the first box If you are seeking an order changing the residential pare nt.

 Check the second box if you are seeking an order changing parenting time only

 Check the third box if the last order wa s for shared parenting

 Check the last box if you are requesting shared paren ting, and the last order

was not for shared parenting.

Paragraph 1: Fill in your name and whether you are “Plaintiff”, “Defendant”, etc. on the line in the first

paragraph; check the boxes that correspond to the ones you checked in the “Caption”’

and, fill in the name and birth date of each child.

Paragraph 2: Fill in the date the last parenting order was issued. (This date is on the stamp marked

“Received for Filing” close to the Judge’ s signature.)

Paragraph 3: Fill in your name and state the reason(s) for requesting the change. Complete and attach

the Affidavit included in this packet. The affidavit must include facts on which your

request for change i s ba sed.

Paragraph 4: Check the box and fill in your name if you are requesting shared parenting. Attach a

proposed shared parenting to the motion.

Signature: Print your name on the first line, sign it on the second line, and print your address and

daytime telephone number.

FILING THE MOTION TO MODIFY PARENTING O RDER

File the Motion to Modify Parenting Order with the Clerk of Court located in Room 35 on the

ground floor of the Cuyahoga County Courthouse, 1 W. Lakeside Avenue, Cleveland, Ohio 44113. You

must also file a Parenting Proceeding Affidavit

. If you are not receiving public assistance and have not

already done so, you may wish to complete a IV-D Application, authorizing CJFS-OCSS to provide a

broader range of services related to the administration of your child support order. Attach the IV-D

Application to the Parenting Proceeding Application. You will be required to pay a “filing fee” with the

Clerk of Court wh en yo u file you r Motion. Ple ase re fer to Rule 1

of this Court’s Local Rules for the correct

amount.

SERVICE

The Court cannot consider your motion unless it has been “served” on your spouse. The motion

you file must be “served” by the Clerk of Court (not by you). A commonly used method of service is by

certified mail. You must instruct the Clerk to do this by filing “Instructions for Service”

If the mail is returned to the Clerk from the Postal Service as unclaimed or refused, that

information is posted on the “docket”

in your case, and you will be notified by postcard. You must then

instruct the Clerk to send service by ordinary mail. To do this, you must file a new “Instructions for

Service” form, with a copy of the motion attached, requesting that service be made by regular mail.

PLEASE NOTE

: IT IS YOUR RESPONSIBILITY TO MAKE SURE SERVICE IS COMPLETED.

THIS WEBSITE DOES NOT EXPLAIN OTHER LEGAL METHODS OF SERVICE. FOR FURTHER

INFORMATION REFER T O RU LES 4 THROUGH 4.6 OF THE OHIO RULES OF CIVIL PROCEDURE

Motion to Modify Parenting Order (Revised 05/2014)

COURT OF COMMON PLEAS

DIVISION OF DOMESTIC RELATIONS

CUYAHOGA COUNTY, OHIO

____________________________________ : CASE NO. DR: _____________________

PLAINTIFF/PETITIONER-01

____________________________________

ADDRESS

____________________________________

CITY/STATE/ZIP

vs. JUDGE ____________________________

____________________________________

DEFENDANT/PETITIONER-02

RESPONDENT

____________________________________

ADDRESS

____________________________________

CITY/STATE/ZIP

MOTION TO MODIFY PAREN TING ORDER AS

TO:

Allocation of Parental Rights and

Responsibilities (Custody)

Parenting Time (Visitation)

Shared Parenting Plan

REQUEST FOR SHARED PAR ENTING

Now comes ______________________________, and respectfully moves this Honorable Court

for an order modifying the prior order as to

Allocation of Parental Rights and Responsibilities

Parenting Time

Shared Parenting Plan

regarding the following minor children: ___________________________ (DOB ____________)

___________________________ (DOB ____________)

The prior parenting order was issued on _________________________.

_________________________________ states that a change of circumstances has occurred in

that__________________________________________________________________________________

____________________________________________________________________________________.

____________________________ request that this Honorable Court issue an Order for

Shared Parenting.

Motion to Modify Parenting Order (Revised 05/2014)

Respectfully

submitted,

____________________________________

PRINT NAME

____________________________________

SIGNATURE

____________________________________

ADDRESS

____________________________________

DAYTIME TELEPHONE NUMBER

____________________________________

CITY, STATE, ZIP CODE

STATE OF OHIO )

) SS: AFFIDAVIT

CUYAHOGA COUNTY )

I, ______________________, having been first duly sworn according to law, hereby state and

affirm that:

1. ____________________________________________________________________________

_____________________________________________________________________________________

2. ____________________________________________________________________________

_____________________________________________________________________________________

3. ____________________________________________________________________________

_____________________________________________________________________________________

4. ____________________________________________________________________________

_____________________________________________________________________________________

FURTHER, AFFIANT SAYETH NAUGHT.

_______________________________________

SIGNATURE

Sworn to and subscribed before me this ________ day of __________________, 20____.

____

___________________________________

NOTARY

SEAL

NOT

ARY PUBLIC

Motion to Modify Parenting Order (Revised 05/2014)