Although the term “custody” is no longer used within the Ohio family law system, it is still widely used in general conversation. “Full custody” is when one parent provides a home for the child and makes all the decisions that affect his or her life. This is also sometimes referred to as “sole custody” or “sole legal and physical custody.”
Full custody may be preferable to shared parenting in some circumstances, especially if neglect, abuse, or domestic violence issues affect the family relationships.
Obtaining full custody involves complex legal procedures that usually require the assistance of a qualified child custody lawyer. Let’s look closer at the steps you will need to take.
Types of child custody in Ohio
Child custody is called the allocation of parental rights and responsibilities in Ohio. This encompasses what used to be called “legal custody” and “physical custody.”
- Legal custody covers the decision-making rights for the child (who makes the major decisions over education, religion, healthcare, etc.)
- Physical custody refers to the parent with whom the child primarily resides.
Ideally, the allocation of parental rights and responsibilities is shared in Ohio. Both parents’ active involvement in decision-making and adequate time spent with the child are presumed to be in the child’s best interests unless evidence proves otherwise.
Sometimes, with shared parenting, the child spends considerably more time with one parent than the other but both parents retain equal decision-making rights.
Less commonly, parental rights and responsibilities are allocated to one parent (sole or full custody), rather than to both parents.
What are the grounds for seeking full custody?
Ohio awards child custody based on the child’s best interests, which usually means the child retains a close relationship with both parents.
To win full custody of a child in Ohio, a parent needs to convince the court that having custody to the exclusion of the other parent is in the child’s best interests, i.e., better for the child’s care, education, and upbringing.
That can be extremely challenging without the assistance of a qualified family lawyer. Even with legal assistance, there is no guarantee a judge will award sole custody. In many cases, the other parent will contest a request for sole custody but the chances of success improve with the help of a seasoned child custody attorney.
An attorney can help you prove one or more of the legal grounds for sole custody, which are:
- Abuse or neglect by the other parent
- Substance abuse or criminal activity
- Absence or abandonment
- Mental health concerns
- Unsafe living conditions
How to file for full custody in Ohio
The process required to file for full custody in Ohio depends on whether a custody order already exists in the court system.
With no custody order in place, you must open a new case with the Ohio courts. If you already have an order, a custody modification will be required.
- New cases often start with filing for dissolution of marriage, divorce, annulment, or legal separation in Ohio. Often, one parent requests sole custody when filing for divorce as the complainant. Unmarried mothers are automatically granted custody of their children in Ohio but child custody may be resolved through a paternity case with the father.
- In existing cases, a parent seeks full custody despite a shared parenting order being in place. This requires a request for a child custody modification and proof that significant changes, especially those relating to the safety or well-being of the child, render the original order untenable and against the child’s best interests.
If a parent initiates any court action that involves the child and/or the other parent, legal notice of the action must be sent (“served”) to the other parent.
How to improve the chances of getting full Custody in Ohio
Once you have filed for full custody or requested a modification to an existing order, the strength of your case will hinge upon the evidence you can provide to show that sole custody is in the child’s best interests.
If the other parent disagrees with the request, you will need to prepare for custody hearings before a judge. Documentary evidence and witness testimony will be required to support your case.
If the child is at risk from threats or violence by the other parent, protection can be granted by requesting temporary orders at any stage of the process.
In determining the child’s best interests, the Ohio court will consider the following factors:
- The child’s relationship with each parent
- The child’s school responsibilities and schedule, including holidays and vacations
- The child’s age
- The child’s physical and mental health
- The child’s integration and comfort at home, school, and in the community
- The child’s wishes, if old enough to make an informed decision
- The child’s health and safety
- The child’s access to and contact with siblings
With custody decisions, the Ohio court also considers each parent’s:
- Employment responsibilities and schedule, including holidays and vacations
- Location of residence and the distance between residences
- Physical and mental health
- Willingness to co-parent and adapt to reasonable schedule changes
- History of criminal convictions, court determinations, child abuse or neglect
- History of coparenting
- Intention to move out of state
Supporting evidence in child custody cases
The court makes custody decisions based on who can provide a safe, stable, supportive, and nurturing environment to best cater to the child’s well-being and development.
For full custody, parents need to provide evidence of their own parenting skills, financial stability, active involvement in the key aspects of their child’s life, and a stable living environment while also demonstrating how the other parent fails to meet the child’s needs. This usually requires considerable documentation and witness testimony to support their claims.
Parents should, therefore, keep detailed records of communications and parenting incidents and take screenshots of relevant online communications, taking care to store them securely.
Avoiding confrontational behavior with the other parent can be challenging in cases where parental deficiencies must be highlighted but the child’s best interests come first. Evidence that may support your claims includes:
- Police reports on criminal offenses
- Court documentation of criminal convictions
- Medical records indicating abuse
- Any evidence of neglect detailed by Ohio’s Department of Job & Family Services (especially the CPS)
- Screenshots of social media posts/images showing unsafe environments involving the other parent
- Video evidence of abuse, neglect or domestic violence
- Testimony from witnesses, such as teachers, doctors, etc.
Some parents understandably hesitate before initiating legal steps toward full custody, even if the child’s best interests are not served by shared parenting. In such cases, it’s best to seek legal advice from a qualified family lawyer who can protect your rights and advise on the available legal options.
Contact Nielsen Miller Law today for a 30-minute consultation or call us at 614-505-5555 to discuss your circumstances in detail and to learn how our experience and resources can work for you.
