Child Custody Lawyers Near You in Columbus, OH
According to family law in the state of Ohio, child custody is normally allocated into one of two areas. Some cases may have one parent designated as the “residential parent,” or sole custodian; while the court may order shared parenting or joint custody.
Both shared parenting and a residential parent enjoy parental rights, but the residential parent is the one who holds the primary responsibilities and rights of the child while individuals involved in shared parenting share the responsibilities and rights of the child.
Lawyer for Child Custody in Columbus, OH
If you are seeking legal assistance with child custody matters in Columbus, Ohio, it is in your best interest to obtain legal counsel. Joslyn Law Firm assists clients in Union, Delaware, Licking, Franklin, Fairfield, Pickaway and Madison counties.
Our lawyers are experienced in child custody and will strive to protect your rights and achieve the best possible outcome for your situation. You can have our attorneys provide a free case evaluation by submitting your information in the form below.
Overview of Child Custody in Ohio
Types of Child Custody Arrangements in Ohio
Joslyn Law Firm assists clients with numerous child custody arrangements that reflect the needs of both parents and children. Though some think there are only 3 types of child custody. However, there are many different types of custody arrangements that can be made, as explained in detail below.
The most common child custody arrangement in Ohio is joint custody where both parents split legal and physical custody 50/50. Though there are many different types of custody arrangements that can be made.
- Sole Custody: Just like the name implies, sole custody is a legal arrangement where one parent has complete custody of a child. This parent makes decisions and takes action regarding the care and welfare of the child. The parent who has sole custody is known as the primary custodial parent.
- Joint Custody: When possible, the courts in Ohio will try to give a child time with both parents. This is the most popular legal arrangement in Ohio for unmarried or divorced parents.
- Grandparent Visitation Right and Custody According to Ohio law, “a court can award companionship or visitation rights to a grandparent during or after a domestic relations proceeding if the grandparent has an interest in the child’s welfare and companionship or visitation is in the child’s best interest.”
Child custody is further broken down into 2 main types of custody, legal custody, and physical custody. It is possible that 1 parent can get full physical custody of a child, but share joint legal custody, or vice versa.
- Physical Custody: When determining physical custody, the courts will keep in mind where both parents are located in relation to each other. For example, if both parents live in different states, sole physical custody will likely be granted to the one located near the child’s school. If both parents are close, they can share joint physical custody.
- Legal custody: Legal custody grants the parent responsible for the major life decisions impacting the child. Legal custody can fall under two categories: sole legal custody and joint legal custody.
How is Child Custody Decided in Ohio?
When it comes to deciding who gets custody of a child, there are many things judges look at in child custody cases. They look for evidence that the child will be safe and well cared for by whoever gets custody. They also take into consideration is the parents are married or unmarried. If the parents of a child are not married, then Ohio law gives sole custody to the mother
The judge can also decide if a parent is unfit to care for a child. In these cases, a family court judge can determine if a parent is unfit by looking at criteria and asking questions such as:
- Is there a history of child abuse or domestic violence?
- Does the parent have a history of substance or alcohol abuse?
- Is there historical evidence the parent is unable to make age-appropriate decisions for the child
- Are there any psychiatric concerns?
- Is the parent able to provide adequate and safe living conditions?
- Is the parent able to effectively communicate with the child?
- Is the parent able to dedicate enough time to the child’s needs and well-being?
- Does the parent have or make enough money to care for the child financially?
- Does the child have an opinion on which patent they want to have custody of them?
What are the Custody Rights of a Father and a Mother in Ohio?
According to Ohio law, if the parents were married at the time of birth, the court cannot favor either parent solely based on gender during a divorce, marriage dissolution, or separation proceedings. In these cases, courts typically favor joint or shared custody of the child, even if there is high conflict between both parents.
Still, many people wonder what rights fathers have in Ohio when it comes to child custody. As stated above, if the parents were married when the child was born, the man is assumed to be the father of the child and the parents will typically share joint custody.
If the parents were unwed, then the mother is considered by law to be the sole custodial parent. For a father to try and get custody or visitation rights of a child, he must prove and establish paternity. He then must formally petition the court for custody, shared parenting, or visitation rights. In these cases, it’s best to hire an experienced Columbus, OH child custody lawyer to help establish your parental rights.
Understanding Ohio Child Custody Laws
(1) If neither parent files a pleading or motion in accordance with division (G) of this section, if at least one parent files a pleading or motion under that division but no parent who filed a pleading or motion under that division also files a plan for shared parenting, or if at least one parent files both a pleading or motion and a shared parenting plan under that division but no plan for shared parenting is in the best interest of the children
Under O.R.C 3109.04(F)(1) courts take into account the best interest of a child when determining the allocation of custody. Courts will consider the following factors, including, but not limited to:
- The wishes of the child’s parents regarding the child’s care;
- If the court has interviewed the child regarding the child’s wishes and concerns as to the allocation of parental rights and responsibilities concerning the child
- The child’s interaction and interrelationship with the child’s parents, siblings, and any other person who may significantly affect the child’s best interest;
- The child’s adjustment to the child’s home, school, and community;
- The mental and physical health of all persons involved in the situation;
- The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights;
- Whether either parent has failed to make all child support payments, including all arrearages, that are required of that parent pursuant to a child support order under which that parent is an obligor;
- Whether either parent or any member of the household of either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child; either parent or any member of the household of either parent previously has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code or a sexually oriented offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding
- Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent’s right to parenting time in accordance with an order of the court;
- Whether either parent has established a residence or is planning to establish a residence, outside this state.
Ohio Child Custody Resources
Allocating Parental Rights and Responsibilities for Care of Children- Shared Parenting – Full text of the Ohio Revised Code 3109.04 can be read at Codes.Ohio.Gov. Provisions include further explanation of custody cases, child reasonability and how custody is decided.
Contact our Child Custody Attorneys in Columbus, OH for a FREE Consultation
If you are in the need of help with any issue involving child custody, contacts Joslyn Law Firm as soon as possible.
Our Ohio child custody attorneys & parental alienation lawyers represent clients in counties located around Columbus, Ohio. These counties include Union, Delaware, Licking, Fairfield, Pickaway, Madison and Franklin. Call (614) 420-2424 or fill out a case review form below and one of our attorneys will review it for free. We also handle other family law cases including adoption in Ohio.
What Our Clients Say
Read this 5-star Google review below regarding a complex child custody case in Columbus OH
“I have a complex custody case, and had no idea where to start. I started researching family law attorneys in Columbus and found Joslyn Law Firm. I spoke with Ashley Dollins and after listening to my entire story she gave me very good advice on what I need to do. She was so kind and patient and I am very grateful she is the first person I spoke with regarding getting to see my daughter again. It is clear she is very knowledgeable regarding family law cases, especially a highly complicated case as mine.”
By: Matthew Neiman
Rating: 5/5 ⭐⭐⭐⭐⭐
September 22, 2021
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This page was last updated by Brian Joslyn