Changing Parenting Time in Cuyahoga County
In Ohio, parenting time (sometimes called visitation in other states) is the time that the non-custodial parent gets to spend with a child. Once a schedule is set, it cannot be changed without a Court order. Find out what you need to know to ask for a change in parenting time and how to start the process.
After the Court makes an order for parenting time, it’s possible for your situation to change. You might get a new job with hours that overlap with your parenting time. Or your child could start a new after-school activity that happens during your parenting time. If there is a change like this that creates a problem with your old parenting time schedule, you can ask the Court to change it.
If you and the other parent do not agree on the parenting time change, you may want to consider speaking with a lawyer. Click on "Legal Help and Lawyers" below to see your options for finding a lawyer in Cuyahoga County.
Requirements for a parenting time change
To get a parenting time order changed, you must show the Court that:
- The existing schedule is no longer in the child’s best interest, AND
- A different schedule will meet the child’s best interest.
The Court is required to consider several factors when considering parenting time changes, including:
- The distance between each parent’s residence.
- The health and safety of the child.
- The amount of time the child will spend with siblings.
- The mental and physical health of all parties.
- Each parent’s willingness to reschedule missed visitation and to help the other parent easily exercise visitation rights.
- The age of the child.
- The child’s adjustment to home, school and the community.
How to start a parenting time change
To start a parenting time change, you have to file a motion with the Court. Go to the “Motion for Change in Parenting Time” page to find the forms you need. Explain your proposed changes and why they meet the requirements above.
If you are requesting a parenting time change because one parent is moving, your motion must include where that parent is moving.
You can use the forms on this site to enter the information you need to include in your motion. You also can find information about parenting time in Local Rule 18.
Once you have completed the forms and are ready to file:
- Print your completed forms. You can print your forms at any Cleveland Public Library for .10 per page. On Wednesdays, you can also print your forms at the Law Library, which is located on the fourth floor of the Cuyahoga County Court House at 1 W. Lakeside Ave. You can print up to 25 pages for free at the Law Library. There is a fee of .20 per additional page. You should make at least one extra copy of your forms for your records.
- After you print your forms, you will need to sign your documents in front of a notary. The Law Library has staff who can notarize your forms for you. You also can find a notary by searching on your browser for “a notary near me.” The Help Center at the Domestic Relations Court also has staff who can notarize your forms for you.
- Bring your completed, signed and notarized forms to the Clerk of Court. The Domestic Relations Clerk of Court is located on the ground floor of the Cuyahoga County Court House at 1 W. Lakeside Ave.
- Give the clerk your forms to file. You also will need to pay the filing fee.
As of March 1st, 2024, the cost to file a request for a parenting time change in Cuyahoga County is $50.
You also have the option to efile your forms. Learn more about efiling from the Cuyahoga County Clerk of Courts.
If you have a low income and can’t afford the filing fee, you can choose to add a Civil Fee Waiver Affidavit, or Poverty Affidavit, to create an additional form to file with your packet of documents. This form asks that you be allowed to file without paying a fee upfront. You may still be responsible for paying the fee at the end of the case.
If you have questions about the process of filing a motion, you can contact the Help Center at (216) 443-8880.
Pay attention to communications from the Court
After you file with the Court and service is complete, the Court will schedule a hearing. Make sure to check your mail and respond promptly to any letters sent to you by the Court. You must go to any hearing or meeting the Court schedules. If you don't attend, the Court may hold an uncontested hearing or dismiss your motion.
Learn about getting ready for Court, including virtual hearing do's and don'ts.
At the hearing
At the hearing, you will need to explain to the Judge or Magistrate:
- What has changed since the current schedule was issued.
- Why that change interferes with the current schedule.
- How the change would meet the child’s best interests.
If you and the other parent agree, you can both testify that you agree and why.
If you and the other parent don’t agree, you will need to present evidence to show that it is in the child’s best interest to change the parenting time schedule, like:
- Documentation of the physical and mental health of children and/or adults.
- Documentation of the child's extracurricular activities and how they will be affected by the current and proposed plans.
- Pictures showing that the proposed visitation location is appropriate for the child.
- Pictures of interactions with family members.
- Google map directions to show the travel time for visitation.
- Witnesses who will testify on your behalf about what they have personally seen or heard.
- You can testify on your own behalf.
The Court will look at this evidence to determine the best interests of the child. Present your evidence to show that the change in custody meets the legal requirement of "best interests of the child."
Your child will not be allowed in the courtroom during the hearing. Make sure that you arrange for childcare in advance.
Changes in parenting time can have a huge impact on your child and your family. If you’re trying to have your parenting time order changed, consider getting a lawyer.