The term “child custody” in Ohio refers to different types of arrangements for the care of children after a relationship breakdown—and includes various rights and responsibilities.
Before making any decisions regarding your children’s future after a separation or divorce, it can be useful for both parents to understand the types of child custody options available, what they mean in practical terms for you both, and what the associated legal obligations are.
Child custody in Ohio
Although “child custody” is a term widely used across the country, it has been replaced by other terms under Ohio law. We once referred to these matters as:
- Legal custody: decision-making responsibility for the child
- Physical custody: with whom the child primarily resides (the other parent being awarded visitation rights)
Legal custody is now known as the allocation of parental rights and responsibilities, covering the parents’ rights to make decisions regarding upbringing, education, healthcare, and religious practices.
Instead of “physical custody”, we now use terms like “residential parent” and “non-residential parent” and “visitation” is now known as parenting time.
What types of child custody are awarded by Ohio courts?
In the majority of child custody cases in Ohio, parents share parental responsibilities and have the right to spend approximately equal time with the children. Parents may decide on a parenting plan themselves through discussion, collaboration, or mediation and the courts need only approve the arrangement.
However, if the matter is disputed and ends up with a court having to decide, the circumstances of each case are assessed and multiple factors will be considered when determining custody. The courts have a duty to protect the best interests of the children in such matters.
Let’s take a closer look at the two main types of custody that may be awarded under Ohio law.
Shared parenting
Shared parenting is by far the most common arrangement for the allocation of parental rights and responsibilities in Ohio. The parents share equal rights and responsibilities for caring for the child and have equal rights to parenting time—though the child may not split the time exactly 50/50 between the two parents.
Judges are generally reluctant to upset the status quo in Ohio and will seek the most stable and nurturing environment for a child’s development. The standard of the “best interests of the child” is used and, in most cases, adequate input from both parents is considered best for the emotional, physical, and psychological well-being of the child.
Providing there is no compelling reason to consider other options and parents can communicate and cooperate effectively in the best interests of their children, there is a high likelihood that judges will rule in favor of shared parenting.
Under this arrangement, the child usually lives primarily with one parent, while the other parent is awarded parenting time according to a schedule agreed by the parents or determined by the court.
Sole custody
Sole custody means that one parent has the decision-making responsibilities for the child without the need to confer with the other parent—including decisions about the child’s upbringing, health, and education. This arrangement is much rarer than shared parenting and only happens if it is deemed to be in the best interests of the child by a judge.
With sole custody, the non-custodial parent will usually retain parental rights to visit and spend time with the child. However, in extreme cases where it is considered contrary to the child’s best interests to maintain contact with the parent, these rights may be removed.
The courts are reluctant to deem a parent unfit to provide proper care for a child but this may be necessary if there are problems with neglect, addiction, abuse, domestic violence, or certain other criminal offenses.
Note that if one parent is granted sole legal custody of the child, the other parent may still access the child’s educational and medical records under Ohio law.
What is temporary custody?
A temporary custody arrangement is often put in place after a couple separates and files for divorce to cover the period before the divorce is finalized.
Temporary custody orders can last for up to one year in Ohio, after which they may be extended in some circumstances. They may be ended at any time by the court.
Often, a temporary custody arrangement forms the basis for the permanent custody order made upon the completion of divorce proceedings.
How is child custody related to child support in Ohio?
Child custody and child support are treated as separate but connected matters by the Ohio courts.
In shared custody arrangements, child support is usually paid by the non-residential parent to the parent with whom the child primarily lives. However, the amounts depend on the parenting time and income discrepancies between the parents.
Contrary to some misconceptions, child support is just as likely to be ordered under shared parenting as it is under sole custody. Even if the parents have equal, 50-50 parenting time, one parent will likely be required to pay child support.
Child support is the right of the child until he or she reaches the age of majority (18 in Ohio) and cannot be “bargained away” by parents during divorce negotiations.
If you’re a parent requiring assistance with child custody matters, the experienced family lawyers at Nielsen Miller Law LLC in Columbus, Ohio can help. To schedule a free, confidential, 30-minute consultation with a child custody attorney, please call us at 614-505-5555 or contact us online.
