Changing Orders After Your Wayne County Case

Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 11, 2026

Wayne County, Ohio · Wooster

Life changes after a decree — incomes shift, children's needs change, and parents move. Wayne County lets you ask the court to change custody, parenting time, or child support when there's been a change of circumstances. You file in the same court that issued the order: the Domestic Relations Division for a divorce or dissolution, or the Probate and Juvenile Court for a never-married-parent order. Re-opening a closed Domestic Relations case carries an $85 fee.

How do I change a custody or support order in Wayne County, Ohio?

File a post-decree motion in the same court that issued the order. To change who the children live with, file a Motion for Reallocation of Parental Rights (Form 27) — Ohio requires a change of circumstances plus a best-interest finding. To change the schedule, file a Motion for Change of Parenting Time (Form 26). To change support, file a Motion for Change of Child Support (Form 28) with a fresh worksheet. Re-opening a closed Wayne Domestic Relations case carries an $85 fee. A contested custody change can lead to a Guardian ad Litem appointment (a $1,000 GAL deposit applies). If you plan to move, you must first file a Notice of Intent to Relocate (Form 50).

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: Wayne County Court of Common Pleas, General & Domestic Relations Divisions

107 W. Liberty Street, Wooster, OH 44691
Phone: (330) 287-5590
Hours: Monday–Friday, 8:00 AM–4:30 PM
Website: www.waynecourtofcommonpleas.org
e-Filing: https://www.wayneclerkofcourts.org

Juvenile Branch (Never-Married Parents)

Wayne County Probate and Juvenile Court
107 W. Liberty Street, 2nd Floor, Wooster, OH 44691
Phone: (330) 287-5561
Hours: Monday–Friday, 8:00 AM–4:30 PM

Post-Decree Modifications is the right path if…

There has been a real change of circumstances since your last order.
The current custody arrangement no longer fits the children's needs.
Your income or the other parent's income has changed enough to affect support.
The parenting-time or holiday schedule needs to be updated.
A parent is planning to relocate with the children.

Filing Fees

Re-open a closed Domestic Relations case $85 · GAL deposit $1,000 if a Guardian ad Litem is appointed · QDRO $25 · Juvenile deposits set by administrative order · File Notice of Intent to Relocate (Form 50) before any move · Confirm current amounts with the Clerk at (330) 287-5590

Forms & Filing Packets

Reallocate custody (Domestic Relations order) — $85 re-open fee

Change the residential parent / legal custodian. Requires a change of circumstances plus a best-interest finding.

Motion for Reallocation of Parental Rights & Responsibilities (Ohio SC Form 27) — Asks the court to change who is the residential parent / legal custodian after a final order.
Affidavit for Specific Facts in Support of Motion (Wayne Form 32) — Sworn statement of the facts supporting an emergency or post-decree motion.
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.
Motion and Order for Appointment of Guardian ad Litem (Wayne Form 42) — Requests a GAL in a contested custody case. A $1,000 GAL deposit is due with the request (D.R. Rule 15.01(C)).

Reallocate custody (Juvenile order)

Change a never-married-parent custody order in the Probate and Juvenile Court.

Motion to Reallocate Parental Rights and Responsibilities — Asks the Juvenile Court to change custody after a prior juvenile order, on a change of circumstances.
Parenting Proceeding Affidavit (Juvenile 3.0, UCCJEA) — Lists where each child has lived, confirming Ohio's UCCJEA jurisdiction. Required in every custody filing.
Motion for Appointment of Guardian ad Litem (Juvenile) — Requests a GAL in a contested juvenile custody case. A $1,000 deposit applies (Juv. Rule 10.A.3); GAL rate $75/hour.

Change parenting time

Update the schedule, holidays, or companionship terms.

Motion for Change of Parenting Time / Visitation (Ohio SC Form 26) — Asks the court to change the parenting-time or companionship schedule after the decree.
Motion to Modify and/or Enforce Parenting Time or Visitation — Changes or enforces a juvenile parenting-time order (also the Juvenile Form 7.1 enforcement motion).

Change child support

Recalculate support after a change of circumstances.

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.
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.
Motion to Modify Child Support and/or Medical Support — Asks the Juvenile Court to recalculate support after a change of circumstances.

Relocation

File before moving so the court and the other parent get notice.

Notice of Intent to Relocate (Wayne Form 50) — Filed before a residential parent moves; the court forwards it to the other parent.

How to File Post-Decree Modifications in Wayne County

Identify the change of circumstances. Pinpoint what has changed since the last order — income, the children's needs, a relocation, or a parent's situation.
Pick the right court and motion. File in the issuing court. Use Form 27 to reallocate custody, Form 26 to change parenting time, or Form 28 to change support; never-married parents use the matching juvenile motions.
Support the motion with facts and a worksheet. Attach the Affidavit for Specific Facts (Form 32) for custody changes, or a fresh income-shares worksheet for support changes.
Request a GAL if custody is contested. In a contested custody change, file the Motion for Appointment of a Guardian ad Litem (Form 42) with the $1,000 GAL deposit.
Give notice before relocating. If a parent is moving, file the Notice of Intent to Relocate (Form 50) before the move and serve the other parent.

Wayne County Practice Notes

File where the order came from. A modification must be filed in the same court that issued the original order — the Domestic Relations Division for a divorce or dissolution, or the Probate and Juvenile Court for a never-married-parent order. The forms and fees differ between the two.
Custody changes need two findings. To change the residential parent, Ohio (R.C. 3109.04(E)) requires a change of circumstances since the last order AND a finding that the change serves the children's best interest. A simple disagreement is not enough; bring specific facts in the Affidavit for Specific Facts (Form 32).
Relocation has its own notice. A residential parent who plans to move must file a Notice of Intent to Relocate (Form 50) first. The court forwards it to the other parent (unless a safety exception applies), and the move can trigger a hearing if either parent asks to change the parenting orders.

Frequently Asked Questions

How do I change a custody or parenting order in Wayne County?: File a post-decree motion in the court that issued the order. Use a Motion for Reallocation of Parental Rights (Form 27) to change custody, a Motion for Change of Parenting Time (Form 26) to change the schedule, or a Motion for Change of Child Support (Form 28) to change support. Never-married parents use the matching juvenile motions.
What do I have to prove to change custody in Wayne County?: Ohio (R.C. 3109.04(E)) requires a change of circumstances since the last order plus a finding that changing the residential parent serves the children's best interest. A disagreement alone is not enough — bring specific facts, which you can set out in the Affidavit for Specific Facts (Form 32).
What does it cost to re-open a case after the decree in Wayne County?: Re-opening a closed Domestic Relations case (a post-decree motion) carries an $85 fee. A QDRO is $25, and a GAL appointment carries a $1,000 deposit. Juvenile deposits are set by the court's administrative cost order. Confirm current amounts with the Clerk at (330) 287-5590.
Do I need permission to move with my child in Wayne County?: A residential parent who plans to move must file a Notice of Intent to Relocate (Form 50) first. The court forwards it to the other parent (unless a safety exception applies), and the move can trigger a hearing if either parent asks to change the parenting orders.
When does Wayne County appoint a Guardian ad Litem?: In a contested custody case, the court can appoint a Guardian ad Litem (GAL) to investigate and recommend what's in the children's best interest. A $1,000 GAL deposit applies (D.R. Rule 15.01(C); Juvenile Rule 10.A.3), and the juvenile GAL rate is $75 per hour. GAL fees are typically allocated between the parents.

Free Local Resources in Wayne County

Wayne County Clerk of Courts. Posts current filing fees and DR forms, and processes filings. Court Costs & Fees schedule at wayneclerkofcourts.org. Call (330) 287-5590 to confirm deposits and packet requirements before filing.
Wayne County Domestic Relations Division. Publishes the numbered DR forms (1–53) and required-document packets at waynecourtofcommonpleas.org/resources/domestic-relations-templates. The DR scheduler, Tina Porter, can be reached at 330-287-5547.
Wayne County Probate and Juvenile Court. Handles parentage, custody, parenting time, and support for never-married parents, plus non-parent custody. Forms at wayneprobateandjuvenile.org; phone 330-287-5561. A juvenile help desk meets the 1st and 3rd Friday.
Counseling Center of Wayne and Holmes Counties — Parenting Seminar. Provides the court-ordered Helping Children Succeed seminar and the Kids First program (ages 8–12) at 2285 Benden Drive, Wooster. $35 per parent, prepaid; register at least 2 business days ahead at ccwhc.org/services or (330) 264-9029.
Wayne County Child Support Enforcement Agency (CSEA). Opens IV-D support cases, runs wage withholding, distributes payments, and enforces orders (2% processing fee). File the IV-D Application (JFS 07076) to establish or modify support.

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.
Akron family law — Local attorneys and courts serving the Akron metro.
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