How is Child Custody Determined in Ohio?
In Ohio, the overarching principle that guides family court is that all actions must be taken in the best interest of the child. To determine this, the court considers all relevant factors, including but not limited to:
- The parent’s relationship with the child: This is a primary consideration in custody decisions. Joint custody is more likely if the bond between the child and both parents is strong.
- The child’s relationships with other family members: Other family members include extended families, partners of a parent, step-siblings of the child, and any other person who may live with the parent.
- Parental fitness: A judge will determine parental fitness based on the parents’ physical and mental health, the living conditions and stability provided by either parent, financial security, and overall parenting skills.
- Adjustment potential: Family court strives to disrupt a child’s status quo minimally and will favor the parent offering the least amount of change to the child’s environment and routine.
- The wishes and preferences of the child: The State of Ohio considers a child’s preference regarding custody matters when the child is mature enough to make decisions.
- The location of each parent’s residence: The distance between two parents’ homes and between the house and the child’s school may affect parenting arrangements and visitation schedules.
- The parent’s job: A parent who frequently travels or works long hours will affect that parent’s availability to be present for the child.
- Criminal record of each parent: Evidence of abuse, neglect, or domestic violence will affect custodial decisions and may result in restricted or revoked visitation rights upon conviction.
- Willingness to cooperate: A parent should demonstrate willingness to collaborate on parenting for the best interest of the child.
Race, religion, sexual orientation, and gender are not factors that are considered in Ohio custody cases.
What is the Role of a Child’s Preference in Custody Cases?
Ohio does not recognize a specific age at which a child may express a preference regarding which parent will have custody. Rather, a judge considers the child’s maturity, how well the child understands the situation, and the reasons behind the child’s decision.
While the court may give more weight to the preferences of older and more mature children, younger children may still express their opinions once the court determines their maturity.
Can a Child Refuse Visitation?
Visitation and custody schedules are designed to benefit a child and help foster a healthy relationship between the child and both of their parents. Parents are required to follow the terms of a custody order until a child is 18 years of age or has been emancipated.
Parents who fail to enforce a visitation schedule or court-ordered parenting plan may face legal consequences. However, while a judge may encourage a relationship with both parents, they will not scold or sanction an older child for refusing to go to visits.
What Will Happen if Parents Cannot Agree on a Parenting Plan?
Mediation is often used to help a court decide what custody arrangement is best for a child. It involves a court-appointed, neutral third party helping to facilitate discussions and negotiations between both parents. The goal of mediation is to reach a mutually agreeable parenting plan that is centered around the child’s benefit.
Following mediation, the mediator will draft the agreed-upon plan outlining custody arrangements, visitation schedules, and other relevant issues. The mediation agreement will be submitted to the court for approval, and a judge will decide if the plan meets the best interests of a child before approval.
Mediation is not recommended for all families and may be damaging in the following situations:
- Either parent has engaged in physical violence, sexual coercion, physical or electronic stalking, financial abuse, coercive control, repeated intimidation, threats of violence, or other domestic violence.
- Either parent feels intimidation, fear, or flinching in the presence of the other parent.
- Either parent has substance abuse issues.
- Either parent has a poorly treated mental health issue that prevents rational thinking.
Can a Custodial Plan be Changed?
Once a custodial agreement has been declared, it cannot be modified unless:
- There has been a change in circumstances since the last custody order to the parent or the child that has had a direct, harmful impact on the child.
- The change in circumstances warrants a change in custody that is in the best interest of the child.
Questions considered before a modification is approved include:
- Have the child’s wishes and relationships with parents and other family members been considered?
- Will the proposed plan disrupt the child’s school life or community involvement?
- What is the physical and mental health of both parents?
- What is the criminal history of either parent?
- Do both parents agree to the proposed plan?
Events that justify a modification to a custodial plan include:
- Abuse or neglect of the child
- Substance abuse
- Jail or criminal conviction
- Loss of job or income
Will a Child be Required to Testify in Court?
In most cases, children are kept out of custody battles out of recognition of the damage and emotional toll custody cases may have on them. A child can have a voice during disputes through a therapist or Guardian ad litem who will represent the child’s interests to the judge.
A judge may also choose to interview a child in chambers, away from parents.
Do I Need an Attorney?
Navigating child custody matters requires a deep understanding of family law and a commitment to the best outcome for your child. Call Lawrence Law Firm at 614-228-3664 or fill out a contact form to schedule a consultation.
