Assisting Families With Creative Custody Arrangements That Work
If you are considering getting a divorce and share children with your spouse, child custody is likely one of the most important issues that you will need to resolve in your divorce. Having adequate legal representation is key in any child custody case, whether you are involved in a contested divorce, an uncontested divorce, or a custody case between you and a partner with whom you have had a child, but you have never married.
By working with an experienced Hilliard, Ohio child custody lawyer, you can ensure that your rights as a parent are protected and the best interests of your children are being zealously advocated for.
What Factors Do Ohio Courts Take Into Consideration When Determining Child Custody Arrangements?
Ohio, like many other states, are updating their child custody laws to reflect the fact that it has been clearly shown that a child benefits significantly from a continuing relationship with both parents. As opposed to automatically awarding the mother with primary physical and legal custody of a child as it was done in the past, Ohio considers the child’s best interests before making a custody determination. What is in a child’s best interests differs significantly from case to case, and no two families are exactly alike.
A court will consider many issues before handing down a custody order, including but not limited to:
- The quality and quantity of the child’s relationship with each parent, as well as other close family members
- The age of the child, and if the child is old enough, what his or her wishes are regarding living arrangements
- Any history of child abuse or domestic violence in the family home
- The physical and mental health of both parents, as well as the child
- The ability of each parent to provide financially and emotionally for the child
- The relationship of the parents with each other, and whether each parent is willing to encourage the child to maintain a relationship with the other parent
- The willingness of each parent to abide by court ordered custody and visitation arrangements
Knowing what the courts will be looking at when it comes to child custody can help you prepare for what comes next. Your attorney can help you gather pertinent documentation to support your case for custody, such as proof that you are able to provide a safe and nurturing home for your children.
Paternity Testing & Child Custody
In Ohio, custody of a child of unmarried parents automatically goes to the birth mother. However, in many cases, there is a need to have the paternity of the child legally established. For example, if the mother of the child wants to seek financial support from the child’s father, she will likely need to have a legally acceptable paternity test done in order to pursue child support. Alternatively, if the father of a child wants to obtain partial custody or visitation, he may need to prove his relationship to the child before a court will allow him to bring a case forward.
Not all paternity tests are admissible in court. A home test, or a test where the chain of evidence cannot be clearly established, is likely not going to be accepted as legal proof of a paternal relationship between a man and a child. However, an experienced family law attorney can assist you in the process of obtaining legally sound paternity test results, regardless of what side of the case you are on. Once those results are obtained, your attorney can help you bring forward a case for child support or custody.
Child Custody Modifications
Once a court has passed down an order for child custody, these orders must be followed exactly in order to avoid legal consequences. However, life can change quickly and it’s not always in a family’s best interest to continue to abide by an outdated court order that no longer works for your family. If your circumstances have changed significantly, you may be able to have your custody order modified.
For example, if you have discovered evidence that the primary custodian of your child has been neglectful or abusive, you may be able to petition the court to have the custody arrangements modified in order to protect the child. Other situations that could potentially merit a modification include the loss of a job, relocation, or cases where both parents agree on modifying the custody order.
It is important that you never attempt to go against your custody order without first consulting an attorney, even if your circumstances have changed substantially. Doing so could cause you to incur legal consequences. A family lawyer with specific experience in working with child custody modifications can assist you in seeking out an improved court order that is more beneficial for you and your children.
Contact a Seasoned Hilliard Child Custody Lawyer Today
If you are involved in a child custody matter or simply need to learn what your rights are regarding child custody, contact an experienced Hilliard, Ohio child custody attorney as soon as possible. Jennifer Nielsen has worked with hundreds of clients in child custody cases and can offer you the compassionate and zealous representation you need.
She is dedicated to going above and beyond the call of duty to help make the child custody process go as smoothly as possible for you and your loved ones, and will always let you know where you stand regarding your case. Contact Attorney Nielsen today for a consultation to discuss your unique legal needs and what your next step should be.
