When you’re going through a divorce or separation and have children, one of the most important and emotional aspects you’ll have to deal with is child custody. In Ohio, this involves understanding and navigating the state’s child custody laws, which define how decisions will be made about the care and custody of your children.
Types of Child Custody in Ohio
There are two types of child custody in Ohio: legal custody and physical custody.
Legal Custody
Legal custody involves decision-making authority for your child’s welfare, including things like education, religion, and medical care. Parents can share joint legal custody or one parent can have sole legal custody.
Physical Custody
Physical custody involves where your child will live and spend their time. Similar to legal custody, parents can share joint physical custody or one parent can have sole physical custody.
Determining Child Custody in Ohio
In Ohio, child custody decisions are made based on what is in the best interests of the child. The court will consider a variety of factors when making a determination, including:
- The child’s relationship with each parent
- Each parent’s involvement in the child’s life
- Each parent’s ability to meet the child’s needs
- The child’s preference (if they are old enough)
- The mental and physical health of each parent
- Any history of domestic violence, child abuse, or neglect
It’s important to note that the court will not discriminate against either parent based on gender when deciding custody.
Custody Arrangements in Ohio
Once custody has been determined, there are several different types of arrangements that can be made:
Sole Custody
In a sole custody arrangement, one parent has both legal and physical custody of the child, and the other parent has limited or no visitation rights.
Shared Parenting
Shared parenting, also known as joint custody, involves both parents sharing legal and/or physical custody of the child. In Ohio, shared parenting is the preferred arrangement unless there is evidence that it would not be in the best interests of the child.
Visitation
If one parent does not have physical custody of the child, they may be granted visitation rights. Visitation can be supervised or unsupervised and may be limited to certain times and dates.
Modifying Custody Orders
After a custody order has been issued, it can be modified if one parent can prove that there has been a substantial change in circumstances that affects the child’s best interests.
Conclusion
Navigating child custody laws in Ohio can be complex and emotional. It’s important to educate yourself on the different types of custody arrangements, how custody is determined, and what can be done if you need to modify a custody order. An experienced family law attorney can help guide you through the process and advocate for your and your child’s best interests.