When Do I Need to Change or Revisit My Parenting Agreement?
Hoover Kacyon
July 15, 2021

As family and personal circumstances change, it may be necessary to revisit your parenting plan to better accommodate your situation or your children’s needs. Some examples of when a parenting agreement may need to be modified include:


  • Move or relocation
  • New job or employment changes, including loss of a job or a change in work schedule
  • Remarriage
  • Changes that may affect the safety or well-being of the child(ren)
  • The current parenting plan is not working or being followed


Perhaps you accepted a new job in a new state, and the issues of visitation and child support payments need addressing. Maybe you were in a car accident and must modify the agreement because you need your ex-partner to take custody of the child(ren) while you focus on healing.


As with the original agreement, if you and your ex-partner cannot agree on the changes to the agreement, then a petition will need to be filed with the court to modify the agreement. In addition, a hearing will need to be set so each party can provide evidence as to why the agreement should or should not be changed. If the children are old enough, the Court may interview them to ensure that any modifications are in their best interest. The judge will then make a ruling, and the court will enter a new order.


Although a formal hearing may not be required, changes to parenting agreements need to be documented in writing. You will likely want to contact an attorney to ensure the changes to your agreement contain the proper language and provisions necessary to cover the circumstances. Any changes to the agreement will need to be approved by the Courts and legally incorporated into the original agreement.


If you feel you need to have your parenting agreement modified, you should talk to an attorney, ideally the one who helped draft the initial parenting plan. Your attorney can advise you as to the best course of action to achieve the most favorable outcome for everyone involved.


The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.


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A divorce is a life-changing event that requires updating many aspects of your life—including your estate plan. If you fail to revise your will, trusts , and beneficiary designations after divorce, unintended beneficiaries, including your ex-spouse, could inherit your assets. Learn to navigate these important updates to ensure your estate plan reflects your current wishes. Revising Your Will In Ohio, divorce automatically revokes any provisions in a will that benefit a former spouse. This detail means that if you had previously named your ex-spouse as a beneficiary or executor, they will now be treated as if they had predeceased you. However, this does not apply to other family members of your ex-spouse whom you may have included in your will. If you still wish to leave assets to your ex-spouse or make other changes, you must draft a new will that clearly states your intentions. Most wills include language that revokes prior versions, ensuring clarity in case of disputes. A new will also allows you to reassign executors and beneficiaries according to your updated preferences. Reviewing Trusts Trusts are common estate planning tools that also require careful review after divorce. If you have a revocable trust , Ohio law typically removes your ex-spouse as a beneficiary. However, irrevocable trusts do not change automatically—meaning your ex-spouse may still be entitled to benefits unless you restructure the trust. To avoid unintended outcomes, it is essential to review all trust agreements with an experienced estate planning attorney who can help modify or create new trusts as needed. Updating Beneficiary Designations Not all assets pass through a will or trust. Many financial accounts, including life insurance policies, retirement accounts, and payable-on-death (POD) bank accounts , are distributed based on beneficiary designations. A divorce does not automatically revoke these designations in Ohio, so if your ex-spouse remains listed, they could still receive those assets. To prevent this, update all beneficiary designations through your financial institutions, workplace benefits, and insurance providers. Naming a Legal Guardian for Minor Children If you have minor children, your estate plan should name a legal guardian in case something happens to you. While custody typically goes to the surviving parent, you should name a backup guardian in case your ex-spouse predeceases you or is deemed unfit. Working with an attorney ensures these plans align with Ohio law and your family's best interests. Take Action Today Failing to update your estate plan after divorce can lead to unintended consequences, including assets going to the wrong individuals or disputes among family members. At Hoover Kacyon, LLC, we guide residents of Akron, Fairlawn, and Cuyahoga Falls, Ohio, through this process, ensuring their estate plan reflects their new circumstances and protects their loved ones. If you are recently divorced or in the process of divorcing, schedule a consultation with our estate planning team today. Let us help you secure your future with confidence. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon March 21, 2025
Parents are often thrilled when their children marry, welcoming new family members with the hope of a lifelong union. However, as reality shows, marriages don’t always last. While you can’t shield your children from the emotional toll of divorce, you can take steps to ensure their inheritance remains protected. Including asset protection in your estate planning can prevent an ex-spouse from claiming part of your child’s inheritance in a divorce. How Ohio Law Treats Inheritance in Divorce Ohio follows an “equitable distribution” system, meaning marital property is divided fairly—but not necessarily equally—during a divorce . While assets inherited by one spouse are generally considered separate property, they can easily become marital property if commingled. For instance, if your child inherits money and deposits it into a joint bank account with their spouse, it can lose its status as separate property. Similarly, if an inherited home is jointly improved or used as the couple’s residence, its increased value may be considered marital property. Once separate property becomes marital property, it typically cannot be reversed. Strategies to Protect an Inheritance from Divorce To safeguard your child’s inheritance, consider the following options: 1. Establishing a Trust A well-structured trust is one of the best ways to protect an inheritance. Two primary options exist: Revocable Trust – Allows flexibility while the grantor is alive, ensuring assets are managed and distributed according to predetermined terms. Since the trust, not the child, owns the assets, they are protected from becoming marital property. Irrevocable Trust – Provides stronger protection by preventing the assets from being reclaimed by the grantor. This step ensures the inheritance is shielded not only from divorce but also from creditors and legal claims. 2. Using a Limited Liability Company (LLC) For inheritances involving family businesses, farms, or valuable property, an LLC can be an effective tool. By structuring ownership through an LLC, assets remain separate and protected, preventing them from being subject to division in a divorce. Secure Your Family’s Future The unfortunate reality is that nearly half of marriages end in divorce. By taking proactive steps now, you can help ensure that your child’s inheritance remains protected for future generations. Consulting with an experienced estate planning attorney at Hoover Kacyon LLC can provide peace of mind and legal strategies tailored to your family's needs. Contact Hoover Kacyon LLC today to discuss safeguarding your child’s inheritance and securing your legacy. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
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