The Court cannot take any action based on a letter, a visit or a telephone call. To modify the allocation of parental rights (formerly referred to as change of custody), you will need to file a motion to modify allocation of parental rights and responsibility. If you and your ex-spouse agree, you will prepare an agreed motion to modify parental rights and responsibilities. Within the body of your motion you will state what the change of circumstances is that necessitates the modification of parental rights and how this proposed change is in the best interest of the minor child(ren). COURT OF COMMON PLEAS DIVISION OF DOMESTIC RELATIONS CUYAHOGA COUNTY, OHIO ___________________________________ PLAINTIFF ___________________________________ ADDRESS ___________________________________ CITY, STATE, ZIP CODE vs ___________________________________ DEFENDANT ___________________________________ ADDRESS ___________________________________ CITY, STATE, ZIP CODE : CASE NO. _____________________________ : : JUDGE ________________________________ : : : MOTION TO MODIFY ALLOCATION OF PARENTAL RIGHTS AND RESPONSIBILITIES Now comes ________________________, pro se, and moves this Honorable Court to modify the residential placement of the parties minor child(ren), to wit: ________________________ (DOB ____________), ________________________ (DOB ____________), ________________________ (DOB ____________) and ________________________ (DOB ____________). Plaintiff/Defendant states that a change of circumstances has occurred in that ________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ____________________________________________________________________________________. Because of the foregoing change of circumstances, it is in the best interest of the parties’ minor child(ren) to be ________________________________________________________________________________ _____________________________________________________________________________________ ____________________________________________________________________________________. Additionally, Plaintiff/Defendant states that the child(ren) have been residing with him/her since ____________ and requests that he/she be granted residential placement of the child(ren) and that child support be terminated effective the date the child(ren) began living with him/her (if applicable). _______________________________________ SIGNATURE _______________________________________ ADDRESS _______________________________________ CITY, STATE, ZIP CODE _______________________________________ DAYTIME TELEPHONE NUMBER DR0607112 Motion to Modify Allocation of Parental Rights and Responsibilities American LegalNet, Inc. www.FormsWorkflow.com SERVICE The Court cannot consider something unless it has been “served” on the other parties to your case. If you are trying to enforce or change an order after your divorce, dissolution or legal separation is over, the motion you file must be “served” by the Clerk of Courts (not by you) by certified mail. You must instruct the Clerk to do this by filing with the Clerk of Courts “Instructions for Service” (found on this website). Sometimes someone will either refuse the certified mail or never claim it. If the mail is returned to the Clerk from the Postal Service for either of these reasons, that information is added to the “docket” in your case. Only then can you instruct the Clerk to send service by ordinary mail. There are certain exceptions to these service rules, especially when your case is already underway. As an example, if your divorce is not final yet and all the original papers were “served” properly, you will be able to serve things you file by regular mail using the “Service” clause found below. Or if your post-decree motions are already properly served and you are seeking a continuance, you can serve that motion by regular mail also using the “Service” clause below. This website does not explain all the exceptions or other legal methods of service. SERVICE A copy of the foregoing Motion was sent to ________________________ at ________________ ________________________________________________________________________ by regular U.S. Mail on the ________ day of ________________________, 20________. _______________________________________ SIGNATURE By signing the above “service block,” you are representing to the Court that you have mailed a copy of your motion to the person indicated at the stated address. You must mail this copy to the opposing party, unless they are represented by an attorney. If the other party has an attorney, you mail it to the attorney. If there are additional parties, they should also receive a copy of the motion. 2 American LegalNet, Inc. www.FormsWorkflow.com