Custody of a child determines who has the right to make important decisions for the child, who the child lives with, and who cares for the child when parents divorce or are not married. Legal custody and physical custody are common terms used to describe a parent’s rights and responsibilities regarding their child.
Ohio has replaced these terms in favor of terms that describe a parent’s role in their child’s care and upbringing:
- Physical custody – The residential parent is the parent with whom the child primarily resides. Even though a child lives primarily with one parent, the non-residential parent generally has visitation or “parenting time.”
- Legal custody – The allocation of parental rights and responsibilities, including making important decisions for the child. Examples include decisions related to the child’s medical care, education, religious practices, and extracurricular activities.
Parents are encouraged to develop a custody agreement that benefits their children. If parents cannot agree on custody terms or there are allegations of abuse, neglect, or other wrongdoing, the courts decide the terms of custody.
Shared Custody vs. Sole Custody in Ohio
It is assumed that a child benefits from an ongoing and close relationship with both parents, barring any factors that could harm the child. Therefore, courts tend to favor shared custody arraignments when possible. However, a court may grant sole custody to one parent if shared custody is not in the child’s best interest.
How Does Shared Custody Work for Legal and Physical Custody in Ohio?
In shared custody arrangements, the parents share legal and physical custody. They work together to care for their child and make decisions that benefit their child.
Even though parents share physical custody, one parent is the residential parent. This arrangement gives children stability. The non-residential parent may have as close to 50% of parenting time with their child as possible. Each situation is different, so parenting time is based on what is best for the child and family.
Shared custody only works when parents can cooperate and communicate effectively. They must be able to work together to meet their child’s physical, emotional, and psychological needs.
How Does Sole Custody Work for Legal and Physical Custody in Ohio?
Sole custody gives one parent the authority to make decisions for their child without consulting the other parent. Numerous situations could lead to sole custody, including, but not limited to:
- A parent’s inability to care for a child because of a substance abuse disorder
- Proven allegations of child abuse or neglect
- A history of domestic abuse
- A parent is unable to care for their child because of a mental disability
- The parents have such a contentious relationship that shared custody is impossible
- A parent is incarcerated, making it impossible for them to effectively participate in parental responsibilities
Sole custody does not terminate parental rights. Therefore, a parent may receive information about their child’s healthcare, education, and other essential matters. The non-custodial parent may also have scheduled visitation with the child. However, a judge may order supervised visitation if being alone with a parent could be harmful to a child.
How Do Courts in Ohio Decide Legal and Physical Custody?
Ohio courts base custody decisions on the best interests of the child. Even when parents propose a shared custody arrangement, judges must review the agreement to ensure it is in a child’s best interest.
Ohio law states that courts should consider various factors when deciding custody cases. Those factors include:
- The relationship between the child and the parents, including their prior interactions before the custody case
- The schedules for the parents and children, including employment, vacation, school, and holiday schedules
- The age of the child
- The relationship between the child and their siblings or other close relatives
- The proximity of the parents’ homes to each other
- The mental and physical health of each parent
- Whether a parent has denied the other parent’s visitation rights
- The amount of time the child spends with siblings now and in the future
- The child’s reasonable wishes for custody
- Convictions or history of child abuse, child neglect, or domestic violence
- The stability of the child’s current home, including their adjustment to their school and community
- Whether either parent has an established residence in another state or is planning to move to another state
- The child’s safety and health
- Each parent’s willingness to facilitate and encourage the child’s relationship with the other parent
The Ohio Supreme Court published a guide that provides suggestions for parenting plans. These suggestions aim to assist parents in developing parenting plans that encourage continued participation in a child’s life. However, these are only suggestions and may not work for every family.
Learn More About Child Custody in Ohio During a Confidential Consultation
Contact Atkins And Atkins Attorneys At Law, LLC to schedule a consultation with a Columbus child custody lawyer. Our attorneys help clients protect their parental rights and their children’s best interests. For more information, call us at (614) 485-8248 to schedule a consultation.
We serve all through Franklin County and its surrounding areas in Ohio. Visit our office at:
Atkins and Atkins, Attorneys at Law, LLC – Columbus Office
503 S Front St Suite 203, Columbus, OH 43215
(614) 485-8248
