Child custody determinations in Ohio
Divorcing parents in Ohio should have an understanding of how the state determines custody and when a child's wishes may be considered.
When getting a divorce in Ohio, parents of minor children must work through the process of identifying legal and physical custody of their children. The Ohio Revised Code explains that moms and dads are given equal consideration by courts when determining who will have what type of custody. The best interests of the children involved are always used as the primary factor by which these decisions are made.
What types of custody can be awarded?
There are two areas in which parents may receive legal rights and responsibilities for their children. The first is referred to as legal custody. This gives parents the authority to make essential decisions on behalf of their children. Examples include choices related to medical care, education, and religious upbringing. Another type of custody is physical custody. This determines where children will live.
Can custody be given to both parents?
A court can make an award for sole custody or for shared custody. A sole custody award identifies one parent as the person with legal and physical rights and responsibilities for children. Even when a decision for sole custody is made, the other parent may still receive parenting time. There can also still be the requirement for one parent to make child support payments.
A shared custody award can be made but does not always mean that custody is shared equally in all aspects of children's lives. Everything can be equal or a court can identify some rights and responsibilities that will be shared while others may be given to one parent only.
What factors are considered in a custody decision?
Many elements can be taken into consideration during a custody decision. The Ohio State Bar Association indicates that the ability of parents to cooperate is one element. Parents' ability to actively foster strong relationships between their children and the other parent is also weighed. Practical matters such as how close together the two parents live matter as well.
Can a child's wishes be considered?
Ohio courts can listen to the wishes of children in custody cases. There is no minimum age at which this may be done. If a judge agrees to hear a child's custody requests or concerns, a meeting is held in the judge's chambers. The parents are not to be present at this meeting.
Important information for parents
As noted by the Huffington Post, experiencing conflict between parents can be detrimental to a child's well-being. It can also stand in the way of the child forming strong relationships with one or both parents. This makes the need to co-parent positively very important. Doing this can be a challenge but one thing that can make this more possible is by reducing other areas of conflict. Working with an attorney during a divorce may allow this to happen so that spouses are not forced to go head-to-head on their own but can let professionals ensure everything is properly taken care of.
