When parents separate and divorce in Ohio, their legal obligations to their children remain, as do their legal rights as parents.
The right for parents to spend time with their children regardless of the custody arrangement is a basic right that is often impacted by separation.
Adequate provisions for “parenting time” (the term for child visitation rights in Ohio) should be addressed by parents when deciding child custody arrangements—or the allocation of parental rights and responsibilities, as it’s called under Ohio law.
The family lawyers at Nielsen Miller Law in Columbus can help you develop legally enforceable agreements or exert your parental rights through the legal system.
Understanding parenting time rights in Ohio
The parents’ visitation schedule is known as “parenting time” and this is dealt with under Ohio Rev. Code § 3109.051.
If the parents can agree on a schedule, it should be included in detail in their “parenting plan.” If not, the Ohio courts will need to intervene and make decisions in the best interests of the children.
When making decisions on the allocation of parental rights and responsibilities in Ohio, the strong preference is for shared parenting. Ohio family courts recognize the importance of a child maintaining “frequent and continuing contact” with both parents for a nurturing environment that supports the child’s emotional and physical health, while also respecting the parents’ rights.
However, joint custody with equal parenting time is not considered the “default” law. Each case is considered on its merits.
Residential parents and parenting plans
In most cases, the child lives with one “residential parent” most of the time for school purposes while the other parent is awarded parenting time—and both parents are involved in the key decisions about the child’s upbringing.
A parenting plan breaks down when visitation sessions are, usually with specific times on weekdays, holidays, weekends, school breaks, etc. If no decision can be made by the parents, mediation may be ordered. Alternatively, a judge will weigh the evidence and factors at a trial and then order a parenting time schedule.
Sometimes, a Guardian ad Litem is required to recommend to the court what parenting time schedule is in the child’s best interests. The custody order will outline each parent’s legal rights and responsibilities based on this decision.
Shared parenting may not always be possible or desirable. However, if sole custody is awarded, the non-custodial parent usually retains the right to parenting time. In rare and extreme cases, parental rights may be suspended or even removed by the courts.
Unmarried mothers in Ohio
In cases that involve unmarried mothers, state law recognizes the mother, by default, as the child’s residential parent and legal custodian until a court order states otherwise. If an unmarried father proves parentage, he can apply for child visitation rights or custody.
Rights of grandparents and third parties in visitation cases
Grandparents and other close family members usually visit minor children at their parents’ discretion. Sometimes, however, parents can make decisions against the best interests of the children—because of personal reasons, feuds or vendettas, for instance.
If a non-parent wants to gain child visitation rights in Ohio—and can prove that doing so is in the best interests of the child—a motion can be filed with the court for “companionship time” or “child visitation rights.”
Types of Visitation Arrangements
Standardly, during visitation, the non-residential parent meets the child at the designated time, they spend parenting time together, and the child is returned to the residential parent. The schedule outlined in the parenting plan or court order will determine the dates, times, and durations of these visits.
Sometimes, however, because of circumstances, parenting time takes different forms.
Virtual visitation
Virtual visitation is conducted online through video apps and may be necessary due to distance, a busy work schedule, or incarceration of the non-residential parent.
Supervised visitation
If a parent has a history of domestic violence, neglect, or substance abuse, the court can still award supervised visitation rights where another responsible adult is present during parenting time sessions.
What factors are considered when courts award parenting time?
The courts consider the following factors when deciding on child visitation rights cases:
- The location of each parent’s home and distance between the two homes, or if the person seeking visitation is not the parent, the location of their home and distance of that person’s home from the child’s home
- If either parent is living (or plans on living) out of state
- The amount of time available, depending on each parent’s work schedule, the child’s school schedule, and the parent’s and child’s holiday and vacation schedule
- The child’s age
- The child’s adjustment to home, school, and community
- The child’s health and safety
- The child’s relationship with each parent
- The physical and mental health of all parties
- The willingness of each parent to reschedule any missed parenting time and to facilitate the other parent’s parenting time rights
- Any history of child abuse, neglect, or domestic violence in the household of any party
- The child’s wishes if the court has interviewed them
FAQs
Are parental rights linked to financial obligations?
In Ohio, parents usually have the right to regular parenting time and the responsibility to provide financial support for their children. These matters are treated separately by the courts but if a parent has consistently paid support, it can be considered if there is a dispute over parenting time. However, a parent’s financial position should not impact his/her child visitation rights.
What if the custodial parent moves out of state?
If the custodial parent moves interstate from Ohio, court approval must be sought and adequate notice provided to the non-custodial parent by law. The non-custodial parent may be able to challenge the relocation by petitioning the court if it is not in the best interests of the child.
Can you modify a visitation order?
A visitation order may be modified if there has been a substantial change in circumstances since the original order was made.
What if the other parent blocks parenting time visits?
If the other parent obstructs your legal right to parenting time, speak to one of our lawyers for legal advice on how mediation or a petition to the court can help you enforce the agreed visitation schedule.
Contact Nielsen Miller Law today for a 30-minute consultation or call us at 614-505-5555 to discuss your child visitation requirements in detail and to learn how our experience and resources can work for you.
