In most cases, courts will honor a decision parents have made out of court regarding custody of the children. Occasionally, if the parties involved cannot reach a decision, the court will take several factors into consideration when determining the best interest of the child. There are several factors that would likely keep a parent from receiving custody of a child:.
Child Custody in Ohio: The Best Interests of the Child
A judge may also require parents experiencing some or all of these to have their parenting visits supervised. The parenting plan typically outlines specifics of custody arrangements including:. In general, no. The court can weigh the wishes of your child in deciding custody, especially if your child is older or more mature. However, the judge will also consider other factors to determine what is in the overall best interest of the child before reaching a decision. Regardless of the nature of the parenting order, Ohio law presumes that both parties will have a financial responsibility to support their child.
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The nature of that responsibility will depend on the individual circumstances of the case, regardless of whether the order is for full custody or shared parenting. Whenever there is a question of child support, the court must at least calculate and consider child support pursuant to the Ohio child support guidelines. Paying child support is serious business. A parent whose child support remains unpaid for a long time could even face criminal charges and jail time.
However, in some cases, grandparents can establish specific and separate visitation time with a child, or become legal guardians in cases where parents have been deemed unfit. This could be because of mental illness, a history of abuse, or in the case that both parents relinquish custodial rights. While it often seem that mothers are given an advantage, courts take into account all the evidence presented on a case-by-case basis.
Child Custody and Child Support
Fathers who hope to be awarded full custody should be proactive in presenting the best argument with supporting evidence possible for a preferable arrangement. If either parent has been convicted of or pleaded guilty to a crime involving child neglect, "the court shall consider that fact against naming that parent the residential parent and against granting a shared parenting decree. The other factors the Ohio courts consider in determining the best interests of the child include:. With only limited exceptions, unmarried mothers are deemed to be their children's sole residential parent and legal custodian until an Ohio court issues an order to the contrary.
When establishing custody rights regarding children born to unmarried parents, the courts generally apply the same standards that apply in a divorce. Under Ohio law, the courts can only modify a final child custody decree if there has been a change in circumstances regarding, i the child, ii the child's residence or iii either parent, and the modification would be in the best interests of the child.
To request a modification, either parent can file a petition with the court.
Ohio Laws on Child Custody
If you are preparing for a divorce or legal separation, or if you have any other questions about child custody, we invite you to contact us for a free consultation. Please enter a valid email address.
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Child Custody Lawyer Dayton Ohio - Child Support & Visitation Laws Ohio
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