PUBLISHER’S NOTE – I emailed this blog from August of 2021 to a possible new client this week. Custody cases are typically complex and very fact sensitive. But here are the basics. The information in it is still correct, but the new term for “visitation” is “parenting time”. Try the search bar above to focus in on a huge variety of articles we have published since 2007!
Understanding the Intricacies of Ohio’s Child Custody Laws
Ohio law is gender neutral in custody determinations – meaning there is no preference towards the mother or father being granted custody. In divorce court, “shared parenting” between the mother and father is generally the preferred parenting arrangement instead of sole custody to one parent. If a parent is awarded sole custody, they have the decision-making rights over where a child will attend school and major legal or medical decisions on their behalf. However, that is not always the case and the “best interest” test is employed to determine the best interest of the child.
A court takes into consideration numerous factors such as: the mental and physical health of both parents, any history of domestic violence, child abuse or neglect, and parents’ commitment to facilitate and honor parenting time to name a few. In some cases, a judge will appoint guardian ad litem to assess the child’s best interests in order to act as the child’s voice in a custody case.
In the case of unmarried parents, the custody of the child is placed by law with the mother until court issues an order designating another person as the residential parent and legal custodian. It takes the father to file a paternity action or otherwise petition the Juvenile Court to be granted parenting rights or custody before he has any “legal rights” towards that child. However, the father and other relatives may petition the court for both custody and visitation to the child.
Visitation Rights
Parenting time is very fact specific and is dependent on each case. Parents may share equal time with the child, or one parent may have the bulk of time and responsibility. The “residential parent” is the one who primarily lives with the child while the other is referred to as the “noncustodial parent.” However, Ohio visitation laws specify that each parent is entitled to at least minimum visitation unless the safety of the child would be at risk from doing so. Parents who struggle with substance abuse or domestic violence may not automatically have their rights terminated but are more likely to have their visits be supervised by an agency or a third-party. A parent cannot arbitrarily refuse visits that have been awarded; doing so can lead to court charges of contempt.
Domestic Relations v. Juvenile court
Two different courts in Ohio have the authority to hear custody cases depending upon the facts. They are Juvenile Court and Domestic Relations Court. The Domestic Relations Court has jurisdiction to hear and determine the custody and care of the child stemming from divorce, dissolution or legal separation, assuming the parties are or were married. The Juvenile Court generally has jurisdiction to determine custody if the parties were not married or if a person other than a parent has requested custody of a ward – typically due to the “unfitness” of one or both parents.
Modifying child custody orders
A custody order will stay in place until a child reaches the age of majority, is attending school or turns 19 or becomes emancipated. However, either parent may file a request for modification. A child custody order will remain unchanged unless a judge determines that there has been a significant change in circumstances and it is in the best interest of the child to adjust the current custody situation. A “significant change” is a broad term that is driven by each set of facts.
More information can be found at (https://codes.ohio.gov/ohio-revised-code/chapter-3109.042 and https://codes.ohio.gov/ohio-revised-code/section-2151.23).
Next steps
A lawyer can help you understand the intricacies of Ohio’s custody laws and navigate the different courts in order to be best prepared if you are faced with a pending custody action. As indicated above, the facts and the changes that have occurred should be evaluated by an experienced family law attorney.
Our experienced Dayton divorce and custody lawyers at Holzfaster, Cecil, McKnight & Mues are here for you. We can assist you with better understanding of custody! To learn more, please go to our website at www.hcmmlaw.com or call us at 937 293-2141. We can schedule an in-person conference or one by phone or Zoom. We look forward to helping you!
PUBLISHER’S NOTE:
I want to thank Madeline Howell for her assistance in drafting this article. Madeline has completed her first year of law school at the University of Dayton School of Law. She has been interning with Holzfaster, Cecil, McKnight & Mues for the summer. Thanks again Madeline!
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Attorney Robert “Chip” Mues has been focusing his legal practice throughout Southwest Ohio primarily in divorce and family law matters since 1978. Chip is passionate about family law and has proudly published the Ohio Family Law Blog since 2007. In addition, he is the managing partner of Holzfaster, Cecil, McKnight & Mues. To learn more about him or the law firm, visit the firm’s website at www.hcmmlaw.com. Appointments are available in person, over the phone or by Zoom. Call us at 937 293-2141.
