Custody Law Firm in Ohio

Compassionate Legal Support for Ohio Child Custody Disputes

Given their intimate nature, custody disputes can be enormously complex and emotionally charged. They’re often the most challenging and contentious issues parents must resolve in a divorce. If you and your spouse can’t agree on a custody arrangement before filing your divorce petition, a judge may order you to negotiate the issue in mediation or in the courtroom via litigation. If left to the court, the judge will decide a custody arrangement at their discretion, based on how the relevant laws apply to your circumstances. People may also pursue legal proceedings to resolve custody disputes for children born outside of marriage.  

Inadequate legal representation could risk your parental privileges, so it is important to consult knowledgeable attorneys who are experienced in Ohio’s custody laws. At Haynes Kessler Myers & Postalakis, we can help you pursue a custody arrangement that reflects your parental interests and best serves your child. Whether it’s through collaborative methods, mediation, or litigation, our goal is to help you restructure your family in a way that is beneficial to everyone involved. 

Need Help with Child Custody?
Contact our experienced Ohio custody attorneys today for a consultation and ensure your parental rights are protected. Call us now at tel:(614) 892-9909.

Factors Ohio Courts Consider in Custody Decisions

• Best Interests of the Child: Ohio courts prioritize the child's best interests when making custody decisions. This includes considering factors like the child's relationship with each parent, their adjustment to school and home life, the mental and physical health of each parent, and each parent's ability to care for the child.
• Parental Cooperation: Courts may also evaluate the ability of parents to cooperate in co-parenting. A parent who is unable or unwilling to communicate and make decisions together may not be awarded joint custody.
• Child's Preference: If the child is old enough and mature enough, Ohio courts may also take their preference into account when determining custody arrangements.

Modification of Custody Arrangements

• When Can Custody Be Modified? After a custody order is finalized, it can be modified if there has been a substantial change in circumstances. This could include changes in one parent’s living situation, health, or the child's needs.
• The Process for Modification: Parents seeking a custody modification must file a motion with the court. The court will review the request and consider whether the change is in the child’s best interests.
• Relocation and Custody: One common situation where custody modifications arise is when a parent wishes to relocate. In these cases, courts will assess how the move will affect the child’s relationship with the other parent and whether a modification to parenting time is necessary.

Grandparents' Rights in Ohio

• Visitation and Custody for Grandparents: In certain situations, grandparents in Ohio may be entitled to visitation rights or even custody if they can demonstrate that it is in the child’s best interests. This may occur if the child’s parents are unable to care for them, or in cases where the child has a strong bond with the grandparents. 
• When Can Grandparents Seek Custody or Visitation? Grandparents may petition the court for visitation or custody if the parents are divorced, one parent is deceased, or if the parents are unfit to care for the child due to issues like substance abuse or neglect.

These additional topics would help provide a more comprehensive overview of custody law and its nuances in Ohio.

Ohio Child Custody Arrangements

Ohio law divides custody into parenting time and decision-making authority. Parenting time is the amount of residential time each parent spends with their child. Decision-making authority is the right to make important determinations regarding the child’s medical care, education, and other major life decisions. When courts are left to arrange parenting time or decision-making authority, their order is called an “allocation of parental rights and responsibilities.” Courts may allocate parental rights to one parent in a sole custody arrangement or to both parents in a shared custody arrangement. 

Sole custody is typically reserved for specific circumstances, such as one parent being incarcerated, absent, struggling with drug addiction, or a threat to the safety of the child. 

Shared Custody 

In shared custody situations, the most common arrangement, both parents retain some measure of decision-making authority and residential time. To pursue a shared custody arrangement one or both parents must petition the court and propose a shared parenting plan, outlining potential exchange times, visitation arrangements, residential time schedules, school placement, and other items needed to navigate co-parenting. Parents typically alternate days, but the specific arrangement differs widely from case to case. Under some schedules, parents may evenly split weekdays and alternate weekends; however, others may assign one residential parent for weekdays while still alternating weekends. If the parenting schedule is contested, the court will order adjustments to the schedule as it deems necessary. 

Facing a Custody Dispute?
Let us guide you through Ohio’s custody laws and fight for the best outcome for you and your child. Reach out to our team at tel:(614) 892-9909 for a consultation.