Modifying Orders in Athens County
Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 11, 2026
Athens County, Ohio · Athens
Life changes, and an existing order can be changed in the same case that issued it (continuing jurisdiction). Different requests use different standards: custody changes need a change in circumstances, parenting-time and support changes use a best-interest or recalculation standard. In Athens County, DR orders are modified in the Domestic Relations Division and Juvenile orders in the Probate/Juvenile Court.
How do I modify a custody or support order in Athens County, Ohio?
File your motion in the court that issued the order. To change custody (reallocate parental rights), file the Motion for Modification of Custody (Form 2B-PSMMC) — the R.C. 3109.04(E) change-in-circumstances standard applies, and Local Rule 24.11 requires counsel's professional statement of a bona fide basis (DR deposit $275). To change parenting time, use a best-interest motion (R.C. 3109.051). To change child support, file a Motion for Change of Child Support under R.C. 3119.79 with a fresh worksheet (DR deposit $175; Juvenile motion $66). A residential parent who plans to move files a Notice of Relocation (R.C. 3109.051(G)). The Magistrate issues a proposed decision with a 14-day objection window (LR 24.07).
Ohio Custody by the Numbers
- Best interest The single standard that governs every Ohio custody decision Source: Ohio Revised Code § 3109.04
- No set age There is no age a child can choose a parent — the judge weighs a mature child's wishes Source: Ohio Revised Code § 3109.04(B)
- Change in circumstances Required, plus a best-interest finding, before the residential parent can be changed Source: Ohio Revised Code § 3109.04(E)(1)
- Shared parenting Either parent may ask the court for a joint parenting plan Source: Ohio Revised Code § 3109.04(G)
Compare Types of Custody in Ohio
| Custody type | Who makes major decisions | Where the child lives | Best when |
|---|---|---|---|
| Shared parenting | Both parents jointly, under a written plan | Time is split per the plan (not always 50/50) | Parents can communicate and cooperate on decisions |
| Sole legal & residential | One parent | Primarily with that parent | One parent is unable or unwilling to co-parent |
| Split custody | Each parent for the child in their care | Siblings are divided between the two homes | Rare — only when it serves each child's best interest |
| Legal custody to a non-parent | The relative or caregiver granted custody | With the non-parent caregiver | Neither parent can safely care for the child |
Where to File: Athens County Court of Common Pleas, General Division — Domestic Relations Division
Athens County Courthouse, 1 S. Court Street, 4th Floor, Athens, OH 45701, Athens, OH 45701Phone: (740) 592-3242
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m. (closed legal holidays)
Website: www.co.athensoh.org/government/common_pleas_court/domestic_relations_division.php
e-Filing: https://eservices.athenscommonpleas.com/
Juvenile Branch (Never-Married Parents)
Athens County Probate/Juvenile Court
Athens County Courthouse, 1 S. Court Street, 2nd Floor, Athens, OH 45701, Athens, OH 45701
Phone: (740) 592-3256
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m.
Post-Decree Modifications is the right path if…
- You already have a custody, parenting-time, or child-support order and your circumstances have changed.
- For custody, you can show a change in circumstances and that the change serves the child's best interest (R.C. 3109.04(E)).
- For support, you can show the recalculation threshold is met under R.C. 3119.79.
- You are filing in the same court that issued the original order (continuing jurisdiction).
Filing Fees
DR custody modification $275 · DR support modification / re-open $175 · Juvenile motion $66 · relocation notice carries no separate deposit · Magistrate proposed decisions with a 14-day objection window (LR 24.07). Confirm current amounts with the Clerk's Legal Department at (740) 592-3242, option 5, before filing.
Forms & Filing Packets
Change custody (reallocation of parental rights) — $275 (DR custody modification, Local Rule 24.01)
File the Motion for Modification of Custody. The higher change-in-circumstances standard applies, and LR 24.11 requires the motion to quote the order being changed and state a bona fide basis.
- Motion for Modification of Custody (Form 2B-PSMMC) — The Clerk-hosted motion to reallocate parental rights (residential parent/legal custodian). Reallocation requires the R.C. 3109.04(E) change-in-circumstances showing, and LR 24.11 requires counsel's professional statement of a bona fide basis.
- General Motion (Athens County Clerk of Courts) — The Clerk's fill-in general motion used for post-decree and in-case requests in the Domestic Relations Division. Under LR 24.11 a motion must quote the exact order being changed (or attach it), state the change requested, and give the reasons.
- Parenting Proceeding / UCCJEA Affidavit (Ohio SC Affidavit 3) — Required in any case with minor children. Lists where each child has lived for the last 5 years, confirming Ohio's UCCJEA jurisdiction.
Change child support — $175 (DR support modification) · $66 (Juvenile motion)
File a Motion for Change of Child Support under R.C. 3119.79 with a fresh worksheet and financial affidavits. Send the Athens County CSEA a copy (LR 26.03(B)).
- Motion for Change of Child Support (Ohio SC Form 28) — The Ohio uniform motion to change child support, medical support, or the tax exemption after a change of circumstances. File in the division that issued the order.
- Affidavit of Income & Expenses (Ohio SC Affidavit 1) — Income, expenses, and basic financial information. Each party files their own. Must be notarized.
- Health Insurance Affidavit (Ohio SC Affidavit 4) — Discloses whether health insurance is available for the children through either parent's employer, so the court can order medical support.
- Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, and sign. Required any time the court sets or changes support.
Relocation notice
A residential parent who intends to move files a Notice of Relocation; the court notifies the other parent, who may request a hearing (R.C. 3109.051(G)).
- Notice of Relocation (Athens County Clerk of Courts) — A residential parent intending to move files this notice (R.C. 3109.051(G)); the court notifies the other parent, who may request a hearing on whether the move and any parenting-time change serve the child's best interest.
- General Motion (Athens County Clerk of Courts) — The Clerk's fill-in general motion used for post-decree and in-case requests in the Domestic Relations Division. Under LR 24.11 a motion must quote the exact order being changed (or attach it), state the change requested, and give the reasons.
How to File Post-Decree Modifications in Athens County
- Identify what you're changing. Custody, parenting time, and support each use a different legal standard — keep them separate.
- File in the issuing court. Modify a DR order in the Domestic Relations Division and a Juvenile order in the Probate/Juvenile Court (continuing jurisdiction).
- Use the right motion and standard. Custody: Form 2B-PSMMC with a change-in-circumstances showing. Support: Motion for Change of Child Support with a fresh worksheet (R.C. 3119.79).
- Notify the CSEA on support. Send the Athens County CSEA a copy of any motion that could change support (LR 26.03(B)).
- Watch the objection window. After the Magistrate's proposed decision, objections are due within 14 days (LR 24.07).
Athens County Practice Notes
- Custody changes cost more than other motions. A post-decree custody modification is a $275 DR deposit, more than the $175 charged for other re-open/modify motions (Local Rule 24.01(D)). Reallocation also requires the R.C. 3109.04(E) change-in-circumstances showing and counsel's professional statement of a bona fide basis (LR 24.11).
- Quote the order you want changed. Under Local Rule 24.11 the motion must quote the exact language of the order being changed (or attach it), state the change requested, and give the reasons. Motions are decided by the Domestic Relations Magistrate with a proposed decision and a 14-day objection window (LR 24.07).
Frequently Asked Questions
- What standard applies to changing custody in Athens County?
- Reallocating parental rights (custody) requires the R.C. 3109.04(E) change-in-circumstances standard, and Local Rule 24.11 requires the motion to quote the order being changed and counsel's professional statement of a bona fide basis. Parenting time is changed on a best-interest basis (R.C. 3109.051). The DR custody-modification deposit is $275.
- How do I change a child-support order in Athens County?
- File a Motion for Change of Child Support under R.C. 3119.79 with a fresh Ohio worksheet and financial affidavits in the court that issued the order, and give the Athens County CSEA a copy (Local Rule 26.03(B)). The DR support-modification deposit is $175; a Juvenile motion is $66.
- What are the post-decree filing fees in Athens County?
- In the Domestic Relations Division, a custody modification is $275, and a support modification or contempt re-open is $175 (Local Rule 24.01). In the Probate/Juvenile Court, a motion is $66. Confirm current amounts with the Clerk's Legal Department at (740) 592-3242, option 5.
- What do I file to relocate with my child in Athens County?
- A residential parent who intends to move files a Notice of Relocation (R.C. 3109.051(G)); the court notifies the other parent, who may request a hearing on whether the move and any parenting-time change serve the child's best interest.
Free Local Resources in Athens County
- Athens County Clerk of Courts — Legal Department. 1 S. Court Street, 4th Floor, Athens, OH 45701; (740) 592-3242. Confirms current filing deposits, hosts the Domestic Relations forms page, and runs the CourtView online docket and e-file (https://eservices.athenscommonpleas.com/). Mon–Fri 8:00 a.m.–4:00 p.m.
- Athens County Child Support Enforcement Agency (CSEA). Under Athens County Job & Family Services, 13183 St. Rte. 13, Millfield, OH 45761; (740) 593-5046 or 1-800-436-8933 (https://jfs.athensoh.org/). Opens IV-D cases, sets and collects support by wage withholding, and can establish paternity administratively.
- Parent-education seminar (Athens County Children Services). Required within 60 days in every Domestic Relations case with minor children (Local Rule 24.02(D)). Register with the Director of Preventive Services at (740) 592-3061 ext. 305; the class is no more than $10 per person.
- Athens County Probate/Juvenile Court. 1 S. Court Street, 2nd Floor, Athens, OH 45701; Juvenile (740) 592-3256, Probate (740) 592-3251 (https://www.athenscountypjcourt.com/). Hears never-married parentage and custody, non-parent custody, and companionship. No e-filing portal — fax filing of non-fee documents to (740) 592-3268 is permitted.
Other Family-Law Topics in Athens County
- Athens County Divorce — Full filing guide with forms, fees, and the parenting class.
- Athens County Custody — Where to file when parents are married vs. never married.
- Ohio Child Support Calculator — Run the 2024 Income Shares worksheet yourself.
- Ohio family-law resources — 88-county directory of courts and legal aid.
Related to your modifications case
- Child Support — Calculate, establish, or modify support under Ohio's guidelines.
- Paternity & Custody — Establish parentage and build a parenting plan that protects your children.
- Spousal Support — Pursue or respond to alimony requests during and after divorce.
Related guides
In-depth, attorney-written guides on modifications and related Ohio family law topics.
- Post-Decree Modifications in Ohio: Changing Your Order After Divorce — Your divorce decree isn't carved in stone. When life changes, Ohio lets you modify custody, parenting time, and support — but each requires meeting a specific legal standard. Here's how.
- How to Modify Child Support in Ohio — Child support orders aren't permanent. When income or circumstances change substantially, Ohio lets you modify support — through a CSEA review or a court motion. Here's how.
- Contempt Motions in Ohio Family Court: Enforcing Your Order — When the other parent ignores a court order — withholding the children or refusing to pay support — a contempt motion is how Ohio courts enforce it. Here's how the process works.
Keep exploring
- Ohio Post-Decree Modifications guide — Statewide overview of post-decree modifications in Ohio.
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