In Ohio, courts allow either parent to assume full custody of the child or children. If one parent is designated as the custodial parent, the court may still decide to divide other rights and obligations between the parents.
Alternatively, one parent can file for a shared parenting plan if it is in the child’s best interest. If an agreement cannot be reached between the parents, the court will have to render a custody order that meets the child’s best interest standard.
What Is the Child’s Best Interests Standard in Child Custody Law?
Child custody laws vary by state, but Ohio courts consider the “Child’s Best Interest Standard” when regarding the custody and visitation rights of a child, which includes (but is not limited to) the following factors:
- The child’s background, including age, gender, and mental and physical health;
- The child’s preference, if they are of a certain age of maturity, usually 12-14 years or older;
- Environmental concerns such as quality of schools, community safety, and extra-curricular opportunities;
- The health and maturity of each parent;
- The degree of each parent’s willingness to facilitate contact between the child and the other party;
- Whether there are any siblings or important family members involved; and
- Social background and lifestyle of each parent.
What Types of Factors are Considered by the Ohio Court?
To resolve what the best interests of the child are, an Ohio court generally considers the following factors:
When resolving child custody in a family court setting, courts will consider many factors that might impact the child’s well-being. These factors, of course, will be counterbalanced against the child’s best interest standard to ensure that the custody decisions do not damage or negatively impact the child or children in any way.
- Each parent’s relationship and history of interactions with the child;
- Whether one parent has been the primary caretaker of the child;
- The child’s background and adjustment to their home, school, and neighborhood;
- The mental and physical health of the child, as well as the parents;
- Whether the child has any specific health, medical, or psychological/emotional needs;
- The wishes of the parents (if both parents agree to a particular custody arrangement, the court will usually choose that arrangement);
- The child’s wishes (if the parents cannot agree on a custody arrangement, the courts will give substantial weight to the child’s preferences);
- The overall preferences of the child, particularly if they are above a certain age (this age may differ by state).
So, for example, if the child has special medical needs, the court will factor this into their decision concerning custody. One parent might be more familiar with the child’s special needs and therefore may be granted more custody rights than the other parent.
Are There Any Other Considerations I Need to Know Of?
Yes. Unlike other states, Ohio courts do not give preference to either parent based on their financial status or earning capacity. Thus, one parent is discouraged from using their financial background as leverage for obtaining full custody of a child. Rather, courts will consider the factors listed above.
What Happens Once the Court Has Made a Judgment?
After the judge has issued and finalized it by signing, the court clerk will file it to be kept in court records. The terms of the order will subsequently bind both parents. Violations may result in penalties such as a fine or a modification of the custody order.
What If a Child Custody Order Is Violated?
Child custody laws are treated very seriously and can be enforced quite rigidly. Any court orders involving child custody are binding under the law and need to be obeyed by all the parties involved. One of the primary concerns is that the protection and well-being of a child may be compromised if one of the parents disregards the instructions of a custody order.
Violating a court child custody order may result in severe consequences:
- Non-violating parents could petition the court for enforcement of the order.
- Violating parents may need to appear in court and justify why they violated the court order.
- The court could find the violating parent in contempt of court, leading to jail time.
- The violating parent could also lose custody rights once granted by the court.
Can Child Custody Rights Be Changed?
Yes, child custody rights often need to change and be adjusted over time as the circumstances change for the child and the individual parents. For example, child custody may move from a sole custody arrangement to a more shared custody arrangement if one parent can demonstrate that they have become fit to engage in more duties.
Child custody rights can be lost if the parent engages in inappropriate conduct for the child or if they become incapacitated or imprisoned. The parties can also file a request to modify an existing custody order as needed.
What Are the Factors That Courts Cannot Use to Decide Child Custody?
There are also certain factors that the courts cannot use in determining child custody. These may be due to other related regulations, such as discrimination laws, that interact with child custody laws and must be obeyed.
Some factors that courts can’t use in a custody determination include:
- Race: Courts normally cannot form a custody determination based on whether one parent is of a certain race or if they are dating a person of a certain race. Racial background is normally not used in custody decisions unless it can be shown that consideration of race would benefit the child;
- Religion: Courts are generally not permitted to base child custody arrangements on religious matters or preferences. There may, however, be exceptions in cases where the child is being abused or placed in danger by specific religious practices;
- Gender: Traditionally, family courts automatically awarded child custody (or a majority of the custody) to the mother, assuming that the mother was the primary caretaker for the children. Nevertheless, this has changed in recent times, and courts now concentrate on a more comprehensive set of factors to resolve child custody and custodial parent arrangements;
- Disability: Just because a parent has a legally-recognized disability does not automatically preclude them from obtaining child custody. Rather, courts will look into whether the disability would stop the parent from performing their parental duties if they were granted custody.
When Can You Modify a Child Custody or Visitation Order?
When it comes to custody issues, the child’s best interests will always come first and foremost. If an arrangement has been working and the child is doing well, the court will be reluctant to modify the order. You will need valid grounds to change an existing child custody or visitation order.
Appropriate grounds for modification generally include just cause or a change in circumstances. For instance, a judge may agree to alter an order if the parent who has visitation skipped out on most of the scheduled visits with their child. This could indicate that it is not in the child’s best interest to keep giving an absent parent visitation rights. The judge may decide to put the parent on a trial period or take the visits away.
Do I Need to Consult With an Ohio Lawyer for My Custody Issues?
Even if the parties can potentially reach a mutual agreement, it is still in your best interest to obtain the expert advice of an Ohio child custody lawyer. They are trained in family law matters and will be able to guide you through the process of obtaining custody and dividing responsibilities. Also, they will be able to keep you updated with any changes in child custody laws.