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)
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