Bexley Child Custody Attorney

How Child Custody Works in Ohio

In a child custody dispute arising from divorce, Ohio law does not presume either parent is more capable than the other. Put another way, do not assume that a judge will automatically award custody to the child’s mother. At the same time, there may be certain factors that tend to favor one parent over the other when it comes to deciding who should exercise primary decision-making authority for the child.

In practice, there is no single factor that will decide custody. A judge must look at the entire family situation and determine how to best serve the interests of the child–as opposed to what may be most convenient for the parents. Some of the factors that may come into play include, but are not limited to:

• The potential impact of moving a child away from their current home or school;
• The overall mental and physical health of both the child and the parents;
• Whether or not either parent has a criminal record or a history of violent behavior;
• If the child is mature enough to express a preference, their desire on which parent they want to live with;
• Whether the parents live far away from one another; and
• How well the child gets along with each parent, and how well the parents get along with one another.

It is important to emphasize that the parents do not need to go running to a judge to resolve custody and visitation. Indeed, the law prefers parents settle such questions among themselves. Going to court should always be a last resort.

You should also never look at child custody as an “all or nothing” matter. That is now how the law works. A judge has the discretion to order “shared parenting” or joint custody if the circumstances warrant. This does not necessarily mean the child will leave with each child half of the time, as that is often detrimental to the child’s welfare. But it does mean both parents will have a say when it comes to major decisions affecting their child’s life, including selecting where they will attend school or authorizing critical medical treatments.