What Will Happen To Your Children After The Divorce?
The most anxiety-producing thoughts related to divorce are about how the change will affect the children. At The Lampe Law Office, LLC, we understand that the last thing any parent wants is a divorce that in any way harms their children. We work to ensure that your child’s physical and emotional well-being are the motivation behind any child custody arrangement.
What Is Child Custody?
In Ohio, a parent who possesses “legal custody,” also known as the “residential parent and legal custodian” is the parent vested with the right to make all decisions on behalf of his/her minor child, including decisions concerning the child’s health, education, discipline, and activities. Generally speaking, legal custody may be conferred in one of two ways: One parent may be designated as the “sole residential parent and legal custodian” or they may have “shared parenting” which means that both parents are the residential parents and legal custodians. A sole residential parent may make all decisions on behalf of the minor child without agreement from the other parent, whereas in shared parenting, all decisions must be discussed and agreed upon by both parents.
Regardless of how legal custody is allocated, a parenting time schedule is necessary when determining parental rights and responsibilities. Parenting time (once known as “visitation”) simply refers to the parent who has physical care and control over a child. Having physical care and control of a child does not confer decision-making authority, and thus operates independently from the concept of legal custody. For instance, even though parents may have shared parenting, that does not necessarily mean that the parents will also share an equal parenting time schedule. Likewise, being deemed the sole residential parent does not necessarily entitle that parent to have primary physical care of the child.
How Is Child Custody Determined In Ohio?
The allocation of parental rights and responsibilities, including legal custody and parenting time, can be accomplished in one of two ways. The first is by agreement of the parties. This can happen through settlement negotiations, formal mediation with a third-party neutral, or other alternate dispute resolution techniques. Alternatively, if the parties cannot resolve conflicts on their own, then parental rights and responsibilities shall be determined through traditional litigation. In this scenario, the parties will argue their case before a judge or magistrate, who will then render a decision on all issues in dispute. However, even though the determination is a “best interest” standard, Courts are increasingly awarding shared parenting.
When litigation becomes necessary, the “best interest” of the child standard guides the court’s determination of how best to allocate parental rights and responsibilities. In considering the best interest of the children, the court will consider the following:
- The Parents’ Wishes
- The Child’s Wishes (Reserved for children mature enough to possess sufficient reasoning ability to understand and articulate their wishes or concerns)
- The Child’s Relationships (This includes the nature of relationships between the child and their parents, grandparents, extended family, and all other significant relationships)
- The Child’s Adjustment to Their Home, School, and Community (This involves an assessment of how well the child has acclimated to their home, school, and community, with particular emphasis placed on the child’s stability and level of engagement within these domains)
- The Mental & Physical Health of All Parties
- The Parent More Likely to Facilitate & Honor Court-Approved Parenting Time
- Whether Any Parent Has Failed to Meet Their Child Support Obligation
- Domestic Abuse (This includes a history of domestic violence, abuse, or neglect)
- Geographical Considerations (Whether a parent lives out-of-state or intends to live out-of-state)
- Any Other “Relevant Factor” (This catch-all provision allows the Court to exercise its discretion to consider any factor(s) not otherwise reflected in the statutory framework)
Clarity On The Roles Of Each Parent After Divorce
Which type of custody or visitation plan works best for your family? We will help you determine whether shared parenting, sole parenting or a plan that is customized for your family works best. We can also establish who pays child support and how much.
Why Establish Paternity?
It is in both parents’ best interest to establish paternity. Fathers who are married to the child’s mother are presumed to be the child’s parent. If you are an unmarried couple or the relationship has not been consistent or exclusive, there may be a reason to establish paternity. Establishing paternity affords a biological father both rights and responsibilities.
The Role Of Grandparents After Divorce
In many cases, it is best for the children to maintain their relationship with their grandparents. It can be unnerving as a grandparent to worry and wonder how much time you will get to spend with your grandkids after a divorce goes through. We can work with you to ensure that your rights are both understood and enforced.
Continue The Child Custody Discussion With Us
We know you have questions about how Ohio child custody works. Call 800-542-4495 to speak with a member of our team. You can also initiate contact with us by using our website contact form. There’s even room on the form to ask a question. In West Chester, we help parents understand and establish their rights and obligations under Ohio child custody laws.