During child custody cases in Ohio, the primary consideration for judges is the best interests of the child. The court has a duty to ensure the child’s physical, emotional, and psychological well-being are protected.
As such, it’s perhaps not surprising that any history of domestic violence by either parent can severely impact a child custody case. There are no hard and fast rules about how judges in Ohio should rule in these cases but the safety of the children and minimizing the risk of any type of domestic abuse is a priority.
A parent who is deemed to be a risk to a child during separation and divorce proceedings can face a loss or limitation of visitation and child custody rights.
If the domestic violence offense is historical, i.e., from many years ago, it will still be taken into account but may not have such a severe impact on the judgment as a pending or recent case.
What constitutes domestic violence?
In Ohio, domestic violence is causing or attempting to cause physical harm to a family or household member. This broad definition encompasses a variety of domestic situations and can apply to abuse perpetrated against any of the following parties:
- Spouses
- Romantic partners
- Parents
- Children
- Former or current roommates
Importantly, domestic violence charges can be filed even without physical injury. Even pushing, shoving, stalking, or emotional/psychological abuse in a family setting may constitute domestic violence.
An attempt to cause physical harm—or a serious threat to do so—can also be classified as domestic violence.
What factors are considered when judges make child custody decisions?
Ohio courts look to ensure a stable and nurturing environment for children when making temporary or permanent child custody decisions.
Any history of domestic violence (or other criminal conviction for either parent) is considered alongside a series of other factors, including:
- The age, maturity, and general health of the child
- The history of parental care within the family
- The child’s relationship with each parent
- The parents’ relationship with each other
- Each parent’s ability to provide a stable and nurturing environment for the child
- The child’s preferences (the more mature the child, the more weight is given to this, generally)
- The child’s current social, educational, and developmental needs
How do judges rule in child custody cases with domestic violence?
Domestic violence is a criminal offense, which may have severe consequences for the offending parent. Even a domestic violence charge can impact a custody case—before any trial or judgment.
If an Ohio court issues a domestic violence civil protection order (DVCPO) after an arrest for domestic violence, this often affects visitation rights and, potentially, child custody cases.
Because the alleged violence is committed against another family member, it may have more of an impact on child custody cases than other (non-person) criminal charges in Ohio.
According to the best interests of the child standard, the judge must protect the child from the risk of violence, disruption, and anything that hampers his/her development.
However, judges have a lot of leeway when making decisions in these cases and are generally sensitive to the importance of children spending adequate time with both parents if at all possible.
Contact with both parents is usually seen as being in the best interests of the child unless it would place the child at risk. As such, Ohio courts will aim for a 50/50 parenting scheme in the absence of that risk. Each case is thoroughly examined, with the court ordering professional analysis if necessary to assess whether the child’s safety and well-being would be compromised by a proposed child custody or parenting arrangement.
A family court judge in Ohio may deny a parent physical custody and limit parenting time in some cases. Sole physical and legal custody may be awarded to the other parent and supervised parental visits may be ordered for repeat offenders deemed a potential risk to the child.
Can you lose child custody after a domestic violence charge?
Family law judges in Ohio reserve the right to revoke custody and visitation for a parent any time the welfare or safety of the child is compromised.
If a domestic violence incident occurs after child custody has been awarded and, for example, a protection order is issued by the courts, a joint or shared custody decision may be amended if the parent is considered a threat to the child.
In these cases, the courts may award sole custody to the other parent if petitioned to do so and it is found to be in the best interests of the child.
It is worth noting that a conviction for domestic violence cannot be expunged or sealed in Ohio; the criminal record will always be visible in background checks, to law enforcement, and for other interested parties.
Are parental rights affected by domestic violence?
A parent with a domestic violence charge may have their visitation rights limited if the judge deems the child’s safety is at risk but only in the most extreme cases are parental rights terminated by Ohio courts.
Preventing contact with one parent permanently is rarely viewed as being in the best interest of a child. So, the removal of parental rights is generally not favored and rarely applied.
However, the court has the right to suspend parental rights. This is more likely if a protection order has been filed against the alleged offender—but it is usually temporary while the case is pending. The alleged offender is prohibited from making any contact with the alleged victim(s) and this can prevent access to the children.
In some cases where an offender is convicted of domestic violence, the court can suspend parental rights for up to five years via a civil protection order. This order can prohibit any communication with the victim(s) in person, by phone, through texting or even contact through a third party.
To schedule a consultation with our experienced Columbus, Ohio child custody attorneys, please call us at 614-505-5555 or contact us online to schedule a confidential consultation.
