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
Joslyn Law Firm assists clients with numerous child custody arrangements that reflect the needs for both parents and children. Some of the most common cases include:
- Sole Custody: Just like the name implies, sole custody is a legal arrangement where one parent has complete custody of a child. This parents makes decisions and takes actions regarding the care and welfare of the child.
- 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.
- 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, physical custody will likely be granted to the one located near the child’s school.
- Legal custody: Legal custody grants the parent responsibility for the major life decisions impacting the child. Legal custody can fall under two categories: sole legal custody and joint legal custody.
- Grandparent Visitation and Custody
(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.
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.
Child Custody Lawyer in Columbus, OH
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 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.
This page was last updated by Brian Joslyn