When it comes to child custody in Ohio, the law states that the courts are not permitted to automatically favor either the father or mother, nor show any gender bias; their duty is solely to protect and ensure the best interests of the child.
Since revisions to the law in 1991, it has become increasingly common for the courts to find that shared parenting is best for the child, especially when both mother and father encourage their child to have a healthy, loving relationship with the other parent.
In fact, some Central Ohio courts favor shared parenting even when the parents are in high conflict.
The “best interest” test
The best interest of the child is the standard for courts in virtually every U.S. state. Ohio’s best interest of the child statute is explained in the section regarding shared parenting.
Matters that the court will take into consideration include all those items surrounding a child’s safety, health, and welfare, including:
- How well the child has adjusted to their home, school, and community
- The mental and physical health of both parents
- Parents’ commitment to facilitate and honor parenting time
- The child’s relationships with each parent as well as siblings and others (grandparents, aunts and uncles, etc.) who have a significance in the child’s life
- The child’s own wishes or concerns, based on their age and an interview conducted in the court chambers
- Any history of domestic violence, child abuse or neglect
- A parent’s intention to live in or plan to move to another state
- Failure to make child support payments as ordered by the court
Unmarried parents
In the cases of unmarried parents, Ohio law gives sole legal and residential custody of the child to the mother “until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian.”
A father who establishes paternity doesn’t have automatic rights to visitation with his child (even if paying child support).
When a mother is unmarried, both the father and other relatives of the child may petition the court for parenting time and custody, but it is indeed up to the court to make a determination.
Mother’s Rights for Child Custody in Ohio
Ohio law automatically designates an unwed mother as the child’s sole residential parent and legal custodian, which means she does not need to file any legal documents to establish her exclusive custody rights. The birth certificate is adequate proof.
In Ohio, the custody rights of a mother depend on her marital status at the time her child is born. An unwed mother automatically receives full custody from the child’s birth. However, if a mother is married, she shares equal rights with her husband when the child is born, and both parents maintain equal custody rights during the marriage until a court order states otherwise.
Although this automatic sole custody arrangement may appear beneficial, it has a notable drawback. The unwed mother cannot legally require the child’s father to provide child support or health insurance until a Child Support Order has been issued. Once this order is in place, the father gains the ability to enforce his rights related to custody, visitation, and decision-making.
In contrast, an unwed father has no legally enforceable rights to the child until recognized through a court order. For a married man, the law assumes he is the biological father of any child born during his marriage. This assumption can be overturned by filing the necessary paperwork and obtaining DNA testing to “disestablish parentage.”
Father’s Rights for Child Custody in Ohio
If a child is born to married parents, both parents automatically get rights to care for the child. If a child is born to parents who are not married, the father doesn’t have legal rights to the child until he goes through the court process.
The unmarried mother is the only one with legal rights to the child until the father proves he is the parent and gets a court order for custody or shared parenting.
If a father is not married to the child’s mother and they are expecting a baby, he should make plans during the pregnancy so he can take legal steps as soon as the child is born. Even though he can’t start a legal case with the court before the baby is born, talking to a lawyer during the pregnancy gives everyone enough time to make a plan that can be used as soon as the child is born.
Many people think that if a father’s name is on the birth certificate and he is not married to the child’s mother, he has custody rights. This is not true. A lot of fathers only find this out when they have a problem with the child’s mother, and they are surprised to learn that they need to follow the law to get custody rights to their child.
How do courts determine child custody in Ohio?
In determining custody, a judge primarily considers the child’s best interests rather than the preferences of the parents. A child’s needs are paramount in any custody decision, and the court will assess the family’s overall situation to establish what is in the best interest of the child.
A judge may take into account any factors relevant to the child’s needs, such as the interactions between the child and each parent, as well as any siblings. The court prefers not to separate siblings or disrupt healthy family relationships, so judges generally favor custody arrangements that promote positive family interactions and continuity. Other factors a judge may consider include the physical and mental health of each parent, their stability, and the child’s connections to their current home and community.
Parental behavior also plays a significant role in the court’s decision. Judges appreciate parents who have demonstrated respect for previous custody rulings and have maintained a healthy relationship with the child and the other parent. A parent who has consistently met child support obligations is viewed more favorably than one who has failed to provide financial support for their child.
On the other hand, a parent with a history of domestic violence or abuse is less likely to receive a favorable judgment. In most instances, a judge will not grant shared parenting responsibilities to a parent with a past record of domestic violence.
Child Custody Modification in Ohio
In Ohio, a child custody order remains in effect:
- Until it is modified,
- The child turns 18, or
- The child becomes emancipated
If either parent wishes to alter the custody arrangement, they can file a request for modification. However, a judge will only amend the custody order if there has been a significant change in circumstances and it is in the child’s best interests to modify the custody terms.
Not all life events warrant a change to the existing custody agreement. For instance, a parent’s remarriage or the birth of a new child does not necessarily lead to an adjustment in custody. On the other hand, if the custodial parent faces severe medical issues or one parent relocates overseas, maintaining the current custody award in Ohio may no longer be suitable. In the end, the primary consideration in any custody case is the child’s needs.
What are your rights?
When having a strong, happy and healthy relationship with your child is important to you, learn more about your rights as a mother or father.
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.
