Assistance with upgrades or changes in child custody, visits and support
Custody specialists with over 63 years of experience.
There are a number of custody issues that ultimately must be resolved by the parents or the court. There is a dichotomy here. If the parents cannot agree on how to handle the situation, the courts must step in and decide the matter for both parents and children. Controversial custody settlements cost a lot of money, take a lot of time, and leave children caught in the crossfire of parental disputes. Two parents who agree on this issue save money, can usually separate amicably, and allow their children to have a seamless transition into a major change in their lives.
The law firm of Lawrence offers ex-couples the opportunity to take care of their own child custody. If no agreement is possible or mediation has already been attempted - and failed - we can also advocate for the interests of one of the parties. Call us or contact us online for more information.
Understanding the basics of child custody laws in Ohio
Like other states, Ohio considers the welfare of the child or children to be the most important factor in determining custody. From there things get much more complicated.
How do Ohio courts determine custody of children?
If you are going through divorce proceedings or have separated from your partner with whom you share minor children, you need to plan acareFall.Ohio-Löwenclarifies that “in all proceedings for divorce, legal separation or annulment, and in all proceedings for the transfer of parental rights and duties in the care of the child . . . the court allocates the rights and duties of parents for the care of minor children”. The assignment of parental rights and responsibilities means the right to make important decisions about the well-being and upbringing of the child, as well as the right to spend time with the child and to participate in day-to-day care responsibilities.
How do courts determine how to assign parental rights and responsibilities? They focus on the best interests of the child and consider a variety of factors relevant to the circumstances of each case. Our Columbus child custody attorneys can tell you more.
Child's best interest factors
In assigning parental rights and responsibilities, Ohio courts may consider all relevant factors, which may include, but are not limited to, the following under Ohio law:
- willingness of parents to look after the child;
- will of the child in cases where the child was questioned on camera and expressed a preference;
- interactions and interrelationships between the child and the parents;
- interactions and interrelationships between child and siblings;
- Interactions and interrelationships between the child and anyone involved in the life of the child or the parents who could significantly affect the child's best interests;
- How the child has already adapted to their home, school and community;
- The mental health of the child, parents and all other parties involved in custody;
- physical health of the child, parents and other parties involved in the custody process;
- probability of parenthood in each case to make parental leave easier;
- Each parent's history of making child support payments on time;
- Each parent's criminal record, particularly if a parent has been convicted of, or has pleaded guilty to, a criminal offense of child abuse, family or domestic violence, or a sex offense;
- Each parent's story of fulfilling a shared parental edict;
- When one parent has intentionally denied the other the opportunity to take parental leave;
- A parent's plan to establish residency outside of the state of Ohio.
When courts specifically consider whether the parents should share parentage or whether one parent should be the child's primary physical guardian, the court will again focus on the best interests of the child and consider a variety of relevant factors. Some of these factors are similar to those listed above, as well as factors related to the parents' ability to work together for the benefit of the child and the geographic proximity between them.
Contact a Columbus child custody attorney for assistance
If you have questions about the assignment of parental rights and responsibilities or the best interests of the child, one of our Columbus child custody attorneys can help.Contact the law firm of Lawrencetoday for more information.
single parent
When a child is born to a single mother, the state of Ohio automatically grants her full or “resident” custody of the child. A parent must enforce their rights against the child through a court order. This can be done through a paternity test or through the mother's will. But the father has no rights, including visitation rights, until the court recognizes he is the father.
maternal rights and paternal rights
Ohio courts are prohibited by law from giving preference to mothers over fathers when it comes to custody of children. This prohibits the court from considering the gender of the parents when deciding custody. However, there are other considerations that may favor the mother in some cases. For example, the courts may not want to move a child out of their school district to allow for transfer into custody. In this situation, the parent who retains ownership of the home would have an advantage.
Again, if parents can solve these problems themselves, the process will go much more smoothly for everyone. If this is not possible, the courts intervene.
Custody in Ohio
For Ohio child custody laws, seeRevised Ohio Code Section 3109.
When two parents get into a custody battle, the court assumes that it is best for the children to have both parents participate in their lives. However, due to the parents separating, only one parent can get custody. In other words, only one parent can live with the child. In situations where a parent is determined to be unsuitable or dangerous to the child, that parent may be denied visitation altogether.
However, the court must have good reasons to refuse a parent access to the child. However, the court will favor joint custody arrangements where one parent acts as the child's guardian.
Modification of Custody Agreements
As a parent, you don't have to go to a judge every time you want to make a custody agreement change. However, these changes must be in writing. This creates a legally binding contract between the parents and if either parent decides to unilaterally change the agreement, they will have to answer in court.
Give back a child at the end of summer
Often the parent who has the child for the summer learns information from the child that causes parents to worry about bringing the child back to the school parent at the start of the school year.
If you find yourself in this situation, I encourage you to document the facts and circumstances that give rise to your concern. Second, I recommend contacting an attorney immediately to determine your options for filing an emergency.Movementor at least a request to change your parental rights and responsibilities.
As you may already know, the court process is very slow. If you have serious concerns about returning your child to the other parent at the start of the school year, you should submit an emergency application as soon as possible. If you fail to return the child on the day and time allotted, in violation of the court order, you may be subject to a contempt action and the police may be called to enforce the current order.
The benefits of using mediation to negotiate a child custody agreement
Linda Lawrence is an OSBA-certified family law specialist. This award is given to a handful of lawyers in different practice areas.
Linda is also an experienced mediator who can work with couples who choose to resolve their divorce issues through mediation. For many couples, mediation will be the preferred route because it is better for everyone involved in the long run. It's cheaper too. While there are some instances where mediation may not be appropriate, particularly when one spouse is abusive, mediation offers couples a clean way to separate and control their own destinies.
Other areas of practice
- family law
- fatherhood
- marriage contracts
- stepfather adoption
- assumption
- Visitation rights of grandparents
- Mediation
- divorce
- marital support
- fair distribution
- military divorce
- Social Media in Divorce
- resolution
- after the divorce
- laying
- Divorce of entrepreneurs
- tax problems
- care
- grandparents' rights
- Custody of children of same-sex couples
- wealthy divorce
- retirement assets
- estate planning
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Lawrence Law Office is the place to go when you need knowledgeable and experienced legal advice. Very knowledgeable about the justice system. I've been at this for a while. I recommend them!
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