Custody
Custody Attorney in Worthington, Ohio
Compassionate Legal Support for Ohio Child Custody Disputes
Given their intimate nature, custody disputes can be enormously complex and emotionally charged. They’re often the most challenging and contentious issues parents must resolve in a divorce. If you and your spouse can’t agree on a custody arrangement before filing your divorce petition, a judge may order you to negotiate the issue in mediation or in the courtroom via litigation. If left to the court, the judge will decide a custody arrangement at their discretion, based on how the relevant laws apply to your circumstances. People may also pursue legal proceedings to resolve custody disputes for children born outside of marriage.
When you work with our firm, we take the time to understand your family’s history, your goals for parenting time, and any concerns about safety or stability so we can present a clear picture to the court. Because we practice in central Ohio, we are familiar with how judges in Franklin County Domestic Relations and Juvenile Court and surrounding county courts tend to approach allocation of parental rights and responsibilities, and we use that knowledge to help you prepare for each step of the process with your child custody attorney.
Contact our experienced Ohio custody attorneys today for a consultation and ensure your parental rights are protected. Call us now at (614) 892-9909.
Factors Ohio Courts Consider in Custody Decisions
- Best Interests of the Child: Ohio courts prioritize the child's best interests when making custody decisions. This includes considering factors like the child's relationship with each parent, their adjustment to school and home life, the mental and physical health of each parent, and each parent's ability to care for the child.
- Parental Cooperation: Courts may also evaluate the ability of parents to cooperate in co-parenting. A parent who is unable or unwilling to communicate and make decisions together may not be awarded joint custody.
- Child's Preference: If the child is old enough and mature enough, Ohio courts may also take their preference into account when determining custody arrangements.
Modification of Custody Arrangements
- When Can Custody Be Modified? After a custody order is finalized, it can be modified if there has been a substantial change in circumstances. This could include changes in one parent’s living situation, health, or the child's needs.
- The Process for Modification: Parents seeking a custody modification must file a motion with the court. The court will review the request and consider whether the change is in the child’s best interests.
- Relocation and Custody: One common situation where custody modifications arise is when a parent wishes to relocate. In these cases, courts will assess how the move will affect the child’s relationship with the other parent and whether a modification to parenting time is necessary.
Grandparents' Rights in Ohio
- Visitation and Custody for Grandparents: In certain situations, grandparents in Ohio may be entitled to visitation rights or even custody if they can demonstrate that it is in the child’s best interests. This may occur if the child’s parents are unable to care for them or in cases where the child has a strong bond with the grandparents.
- When Can Grandparents Seek Custody or Visitation? Grandparents may petition the court for visitation or custody if the parents are divorced, one parent is deceased, or the parents are unfit to care for the child due to issues like substance abuse or neglect.
Shared Custody
In shared custody situations, the most common arrangement, both parents retain some measure of decision-making authority and residential time. To pursue a shared custody arrangement, one or both parents must petition the court and propose a shared parenting plan, outlining potential exchange times, visitation arrangements, residential time schedules, school placement, and other items needed to navigate co-parenting. Parents typically alternate days, but the specific arrangement differs widely from case to case. Under some schedules, parents may evenly split weekdays and alternate weekends; however, others may assign one residential parent for weekdays while still alternating weekends. If the parenting schedule is contested, the court will order adjustments to the schedule as it deems necessary.
Let us guide you through Ohio’s custody laws and fight for the best outcome for you and your child. Reach out to our team at (614) 892-9909 for a consultation.
The factors a court will consider when determining custody arrangements include (O.R.C. §3109.04(F)(1)-(2)):
- Whether the parents desire a sole or shared custody arrangement
- Whether either side has denied the other’s parental rights
- The ability of parents to cooperate with one another as far as co-parenting is concerned
- The relationship each parent has with their child
- Any history of abuse, violence, or neglect
- Where each parent resides and plans to reside
- The needs and best interests of the child
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