Child custody decisions are often among the most contentious issues when marriages end in Ohio.
Where the children live, how they spend time with the other parent, and who makes decisions about their upbringing can be complex matters either decided by the court or resolved between parents with the approval of the courts.
Either way, the duty to protect the best interests of the children is the guiding principle for all child custody decisions.
An experienced family law attorney can explain the factors considered in child custody decisions but here’s what you need to know in the meantime.
What factors are considered when Ohio courts make child custody decisions?
The courts must be involved to some extent in child custody decisions in Ohio—even if it is simply to approve a parental arrangement.
When deciding the allocation of parental rights and responsibilities (the term for legal custody in Ohio) and parenting time (physical custody), the court must protect the children’s physical, emotional, and developmental well–being.
Temporary custody must be awarded soon after the divorce case is filed with the courts. The permanent custody arrangement after the divorce is finalized often depends largely on the initial temporary filing, so it is important to address this matter early in the separation or, preferably, before you separate.
Unless there are factors to suggest otherwise, a close relationship and continuing contact between both parents and the children is the preferred option. This is generally considered in the child’s best interests. The majority of custody decisions, therefore, follow joint custody arrangements—unless there is an obvious threat to the child’s well-being.
In making judgments, the Ohio courts will consider the following factors:
The parent-child relationship
The existing relationship between each parent and the child—and the strength of the bonds between them—is a primary consideration in custody decisions. If the bonds with both parents are strong as is normal, joint custody is the likely outcome unless there are compelling reasons for this not to be the case.
The child’s relationships with other key family members
The child’s relationships with siblings and extended family members—and the importance of continuing these relationships—will also be assessed by the Ohio courts.
Parental fitness
If one parent is neglectful, abusive, mentally unstable, or deemed incapable of providing a stable and nurturing environment, this can strengthen the case for sole custody for the other parent.
Parental fitness will be assessed by judges, who must consider the physical and mental health of the parents, the living conditions and stability they can provide, as well as financial security and overall parenting skills.
Adjustment potential
The courts are reluctant to disrupt the status quo in custody decisions and prefer stability for children.
In making custody decisions, judges want to know how well a child has adjusted to their home, school, and the surrounding community. If either parent is proposing to change a relatively stable situation requiring considerable adjustment by the child, this could be denied.
The child’s wishes and preferences
In Ohio, the child’s preferences may be considered by a judge but will only carry much weight if the child is mature enough to express an opinion and/or is aged 12 or older. A child’s wishes can be manipulated by parents pushing for sole custody and, therefore, stated preferences must be balanced with other factors.
The child’s age, maturity, and health
The child’s age, mental and physical health, and level of maturity must be considered. Teenage children have different needs from toddlers, for instance. Their needs at home, school, and socially must be assessed to provide the best environment in which to raise them after the marriage ends.
The proximity of each parent’s residence
When deciding on parenting time, the distance between the two parents’ homes can impact the shared parenting arrangements and visitation schedules. The distance between the home and the child’s educational establishment may also affect custody.
The parent’s work schedules and availability
Each parent’s capability to “be there” for their children will be assessed in each case. One of the main considerations here is the work schedule of each parent. If one parent is frequently interstate, overseas, or works especially long hours, this can affect the custody decisions.
A criminal record or history of violence
Any evidence of abuse, neglect, or domestic violence will be considered, as will any criminal record for either parent. The judge has a duty to protect the children’s safety and will not take chances. Visitation rights could be restricted or even removed for an abusive parent or a parent found guilty of certain criminal offenses.
Willingness to cooperate and collaborate
The willingness of the parents to collaborate on parenting for the benefit of their children is also a key factor. The courts prefer that parents are cooperative, communicative, flexible, and prepared to work together in their children’s best interests.
Factors NOT considered in child custody decisions
Factors like race, religion, sexual orientation, or gender cannot influence a child custody case in Ohio. The financial status of either parent may be considered only in relation to their ability to provide for the basic needs of their children—unlike child support, where the financial status of each parent is central to the decision.
The allocation of parental rights and responsibilities is treated as separate but connected to child support and other matters that arise during separations.
In making a decision, the court will investigate each case thoroughly and may request professional evaluations to determine the most appropriate outcome.
When is a custody evaluation required?
A custody evaluation may be ordered in the most complex child custody cases where parents cannot agree on a suitable custody arrangement.
During a custody evaluation, a professional, court-appointed evaluator or Guardian ad litem will conduct interviews with both parents, the children, and any other key people involved in the children’s lives.
The evaluator’s role is to assess the main factors and recommend a child custody arrangement in the best interests of the children.
What if the parents were never married?
When parents who were never married decide to end their partnership in Ohio, the mother is awarded default custody of the child. No court intervention is required for this.
If the payment of child support is contested by the father or he wants to obtain parental rights for visitation and is denied by the mother, the matter may be dealt with by the Ohio courts.
Unlike with divorces, child custody issues relating to unwed parents are processed through Ohio’s juvenile court. A paternity test will likely be ordered to establish the biological father of the child —and the result of this will form the basis of the custody decisions.
How can a child custody lawyer help?
During a separation or divorce, parents must continue to provide for their children and, ideally, maintain a meaningful relationship with them. For most parents, spending adequate time with their children even when living apart from the other parent is an important goal.
If the parties can come to an amicable agreement on child custody, it will save a tremendous amount of time, money, and stress. However, with emotions often running deep on such matters, disputes are common.
A suitably qualified child custody lawyer can help you implement solutions that work for the family. If there are contested issues with custody, a lawyer can help you work through them with collaboration or mediation. In most cases, shared custody with visitation rights for the non-residential parent is preferable but this varies with circumstances.
Keeping the best interests of the children in mind, we can help you reach fair custody decisions and a parenting plan that minimizes court involvement. If court intervention is necessary to decide contested matters, we will present a persuasive case to advocate for you.
To schedule a confidential consultation with an experienced Columbus, Ohio child custody attorney, please call us at 614-505-5555 or contact us.
