Understanding Child Custody Law In Ohio.
In the state of Ohio, there are several types of child custody designations. The main types of designations are:
Sole Custody: This grants one parent complete custody, making them solely responsible for the child's well-being and decisions about their care.
Shared Custody: Often used in Ohio, this arrangement allows the child to spend time with both parents, suitable for divorced or unmarried couples.
Grandparent Visitation Rights and Custody: Ohio law permits courts to grant visitation or custody rights to grandparents, provided they demonstrate a genuine interest in the child's welfare.
Additionally, custody in Ohio is categorized into physical and legal custody. A parent may have full legal custody while sharing physical custody, or the other way around, depending on what serves the child's best interests.
The Distinction Between Physical And Legal Custody.
Physical Custody: This pertains to where the child will live. The court considers the geographical location of both parents in relation to the child's primary needs, such as school. If parents live in different states, sole physical custody may be granted to the parent living closer to the child's school. If both parents are nearby, joint physical custody is a viable option.
Legal Custody: This involves the right to make significant life decisions for the child. Legal custody can be either sole, where one parent has all decision-making authority, or joint, where both parents share this responsibility
General Information About Child Custody In Ohio.
How Is Custody Decided?
Ohio courts meticulously evaluate several factors to ensure the child's safety and well-being. This includes assessing whether the child will be in a secure and nurturing environment with the custodial parent. The marital status of the parents also plays a role; in cases where parents are unmarried, Ohio law typically grants sole custody to the mother.
In determining custody, the court also scrutinizes a parent's fitness to care for the child. This evaluation involves considering:
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Any history of child abuse or domestic violence.
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Past instances of substance or alcohol abuse.
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The parent's ability to make age-appropriate decisions for the child.
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Psychiatric health concerns.
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The capability to provide safe and adequate living conditions.
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Effective communication with the child.
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Time availability for the child’s needs and well-being.
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Financial stability to support the child.
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The child’s preference, if they have expressed one.
Additional Considerations
When neither parent files for shared parenting, or if a shared parenting plan is not in the child's best interest, the court steps in to determine custody based on the child's welfare, as outlined in O.R.C 3109.04(F)(1).
The court considers various factors to decide what serves the child's best interests, including:
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The parents' wishes regarding the child’s care.
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The child’s own wishes and concerns, if interviewed by the court.
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The child’s relationships with parents, siblings, and other influential individuals.
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How well the child is adjusting to their home, school, and community.
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The mental and physical health of everyone involved.
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The likelihood of each parent respecting and facilitating court-approved parenting time.
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Each parent's history of child support payments, including any arrears.
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Any history of abuse or neglect by either parent or household members, including convictions for domestic violence or sexually oriented offenses.
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Instances of willful denial of the other parent’s court-approved parenting time.
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Any plans by either parent to establish a residence outside of Ohio.
Child Custody Issues Solved.
Child custody can confuse many parents. With our professional representation, we will take on your matter and provide exceptional communication throughout the process. Your matter will be handled properly, ensuring you do not have to worry about losing your custody rights.
3 Steps To Receive Help With Your Custody Battle.
Contact
Contact us today to schedule an initial consultation to determine the specific needs of your case.
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Strategy
After the initial consultation, we will work to develop an in-depth strategy to assist in achieving optimal results for your case.
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Relief
From the first meeting to the close of your matter, enjoy the comfort of knowing that a proven professional is in your corner, fighting for your rights.
Important Disclaimer
The information that you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your situation. We invite you to contact us and welcome your calls and emails. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.