Ohio courts ultimately base their child custody decisions on what is in the best interest of children. The court prefers shared parenting, as there is no such thing as “joint custody” in Ohio. If one or both parents submit a shared parenting plan, the court may approve the plan and order shared parenting. However, if the court finds that the plan is not in the child’s best interest, the court can request a change in the plan or deny a shared-parenting situation. If a plan is not submitted, the court will name one parent as the sole legal custodian of the children.
What Do Judges Look For In Child Custody Cases in Ohio?
Child custody is one of the most contentious parts of any termination of marriage. Generally the court looks for the best interest of the child and that is governed by statute 3109.04, of the Ohio high revised code. There are two basic methods or kinds of parenting. There’s sole custody where one of the parents is sole custodian, makes the decisions and the other parent just has parenting time. And there’s also shared parenting, which is a commitment to co parenting. It is someone still has to make the decisions. It’s still important that the parties continue to parent with each other, with the children. Shared parenting is becoming more common and the court, in order to have the court review that shared parenting plan, you have to file a shared parenting plan. You just can’t ask for it. You actually have to put a plan together that makes sense to the court and the other party. But basically its best interest to children is with a guidepost for the court.
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At one or both of the parents’ request, the court will talk to the child concerning the child’s wishes about the parenting arrangements if the child is of appropriate age. The court is not bound by the child’s wishes and concerns; the child’s wishes are only one factor to be considered. Alternatively, a Guardian ad Litem (GAL) may be appointed at either party’s request to conduct an investigation and provide an independent report and recommendation to the court as to what is in the child’s best interest. Much like the child’s preference, the GAL’s recommendation is just one factor taken into account by the court. Other factors include:
- The child’s mental and psychological development
- The interaction between the child and other significant persons
- The child’s adjustment to the home, school and community
- The ability of a parent to be the legal custodian
- Whether child support has been paid
- Whether visitation has been allowed or withheld
- Whether any abuse has occurred
- If one parent intends to move out of state
The child custody and family law attorneys at Dungan & LeFevre can answer your questions and help you achieve your goals as a parent. To learn more, please see these tips regarding child custody determinations. To discuss your goals and concerns with a child custody attorney, contact us today. Dungan & LeFevre’s family law attorney Matthew C. Sorg represents clients throughout the Miami Valley and Ohio.
How Are Visitation Rights Decided?
In all cases involving minor children, the court orders a schedule for visitation and parenting time. The main consideration will be what is in the best interest of the children, however many factors are considered. Each county in Ohio has a standard order of visitation or parenting time. These standard orders can be changed to meet the needs of individual children. Each case involving visitation is fact-specific. It is essential that you meet with a family law attorney immediately to address your concerns, protect your rights and guide you through the complicated process of trying to obtain the level of visitation you want.
How Is Child Support Determined?
Ohio law requires that child support must be determined by a procedure outlined in the Ohio Revised Code and a basic support schedule must be used to determine the appropriate amount of child support. This schedule is based on the average cost of raising children in households across a wide range of incomes. Child support is based on the number of children and the combined gross income of the parents.
To calculate the appropriate amount of child support, the court combines the incomes of both parents. The costs of medical insurance and necessary child care are added. This total is divided according to the percentage of each parent’s income into the total combined income. The court can decide, in certain circumstances, to deviate from the basic support schedule when it would be inequitable to apply for the basic support. The court will also issue orders for the medical needs of the children, including insurance. Child support must be paid to the Child Support Enforcement Agency and is usually deducted from the responsible parent’s paycheck by the employer.
How Do You Fight child Support In Ohio?
In Ohio, child support is an obligation of each parent. Whether you have equal time or just a standard order of time, is an obligation the court will impose. They look at the incomes of the parties. They will give people certain credits for health insurance expenses, daycare expenses. But basically, it goes into a computer software that, based upon the Ohio legislature, it says, this is the amount of support this child needs based on the incomes. The fight for child support or against child support means that you would have to identify the potential downward deviations of additional time or that you are going to pay directly the extracurriculars, the school fees, the clothing. There can be in kind contributions that would reduce your child support obligation through the CSEA, the Child Support Enforcement agency. But it’s not something that you can say, I’m not going to pay child support. Child support is mandated by law.
If you need to hire a family lawyer for your divorce, give us a call today.
Contact A Child Custody Attorney At Dungan & LeFevre
Our family law attorney Matthew C. Sorg has decades of experience in resolving child custody issues for parents and other family members throughout the Miami Valley. With offices in Troy, we represent clients statewide. To set up a consultation regarding your goals and concerns, please call (937) 339-0511 or contact us by email. We can help.