How Does Child Custody Work in Ohio?

Who gets custody of a child under Ohio custody laws? Well, that depends on many factors unique to each family’s case. When the parents of a child aren’t together, they’ll likely need help from the court to safeguard their custody rights.

In many cases, the Ohio courts order parents in separate households to share legal and residential custody, but there are other options based on the best interest of the child. 

• Judges often grant shared custody to parents after they seek such an arrangement in court and submit an acceptable shared parenting plan.
• If parents don’t ask for shared custody or submit an acceptable shared parenting plan, the court might grant primary legal and residential custody to one parent.
• If one parent receives primary custody, the other parent might still have a right to parenting time.

Whichever way a judge rules, they must make their decision based on what’s in the best interest of the child. 

Getting the law involved in your family life is no joke and is best handled with the guidance of a knowledgeable attorney. Our experienced attorneys at Vantage Group Legal Services can help you meet this best interest standard, and we are ready to quickly provide you with experienced and zealous legal assistance.

Contact us to obtain an attorney who will review and handle your family law case. In the meantime, we will discuss a general summary of how custody laws in Ohio affect parents and children.

Ohio Custody Laws: Two Types of Custody

Child custody laws in Ohio grant parents two types of custody: Legal custody and residential custody. Legal custody includes rights and obligations to do the following:

• Decide where and with whom the child will live,
• Provide the child with medical care,
• Train the child,
• Provide the child with food and shelter,
• Discipline the child,
• Provide the child with an education, and
• Have physical care and control of the child.

Residential custody covers where and with whom the child will live. In general, parents in Ohio have equal custody rights until a court order says otherwise.

If the Parents Are Getting a Divorce

As we mentioned above, divorcing parents have equal custody rights to their children. But during their divorce proceedings or a proceeding for the allocation of parenting rights, parents can seek a different arrangement that best suits their family’s needs. 

If the Parents Were Never Married

When a child’s parents are unmarried, the child’s mother has sole legal and residential custody until the court issues other orders. Once the law acknowledges the father, the father can seek parenting rights through the court.  

How to Get Custody of a Child in Ohio

Getting custody of your child under Ohio child custody laws typically starts with a motion to the court that asks for a divorce or the allocation of parenting rights. You must make sure that Ohio has jurisdiction, and you will likely have to serve your court paperwork on the other parent before your case can start. 

Ohio courts normally have jurisdiction over a custody case if: 

• Ohio is the child’s home state; or 
• Ohio was the child’s home state in the last six months, and at least one parent still lives in Ohio. 

After establishing jurisdiction, you’ll have to see if you and the child’s other parent can work together to come to a solution.

Can Parents Agree?

You and the other parent can negotiate and agree to a parenting plan that covers legal and residential custody matters. This is the most amicable and efficient way to institute a parenting plan. It requires the least amount of legal intervention and leaves the decision in the hands of the parents. If you can agree, you can submit a shared parenting plan. As long as the judge sees no issues with the plan and it serves the child’s best interests, the judge is likely to approve and ratify the plan.

However, if you cannot agree, you will have to ask a judge to make the decision for you. Having a judge make these decisions requires submitting a petition and arguing in court for what you believe is the best outcome. The court can then grant shared custody or grant one parent primary custody. If one parent gets primary custody, the court will give the other parent some time with the child. This is often referred to as visitation or parenting time. Having a court make these decisions requires more time and typically more money, as you’ll fare better when you have an experienced lawyer making your case. 

The Best Interest of the Child Standard: Evidence

Whether you and the other parent agree on custody or need a trial to make that determination, you must prove that what you are seeking is in the child’s best interest. To prove what is in your child’s best interest, you might need to provide evidence that includes:

• School records;
• Pictures;
• Medical records;
• Witness testimony;
• Recordings;
• Reports from healthcare, education, or child development professionals;
• Police reports;
• Court records; or
• Child welfare agency records.

With their years of experience, each of our attorneys can gather the most effective evidence, present it to the court in a persuasive way, and give you the best chance of getting the outcome you believe will serve your child well.

The Best Interest of the Child Standard: Factors the Court Will Consider

There are many factors that a judge will consider when determining a child’s best interest. Factors that courts look at include:

• What kind of interaction and relationship the child has with each parent, sibling, and significant individual in their life;
• Whether either parent has failed to pay child support;
• The mental and physical health of every person involved;
• Whether either parent or a member of their household has been convicted or adjudicated as a perpetrator of neglect or abuse;
• The child’s wishes, depending on their age and ability to articulate a preference;
• Whether one parent is more likely to honor and help with parenting time and visitation orders;
• Whether either parent has willfully denied the other parent’s court-ordered parenting time;
• How well the child has adjusted to their community, home, and school; and
• Whether either parent plans to or has already established a residence outside of Ohio.

A judge has the discretion to consider these and other factors they find relevant to determining the best interest of the child. 

Common Parenting Schedules

Adhering to a custody schedule is crucial to each parent’s rights and a child’s well-being. Each family’s parenting time needs are unique to their specific circumstances, but let’s look at some common types of schedules:

• For younger children, parenting time for the non-custodial parent can include a few hours of visitation every few days and one overnight per week;
• For parents who can cooperate with each other, equal parenting time each week (possibly two days on and two days off);
• For older children who have not reached high school, weekends with the non-custodial parent and weekdays with the custodial parent; or
• For children in high school, alternating full weeks between parents.

The above are just a handful of options. Even if an option above looks good, speaking to an attorney before choosing is best. 

Frequently Asked Questions

What Custody Rights Do Mothers Have?

In general, the custody rights of mothers and fathers are the same. However, these 50/50 rights are initially different when a mother is unmarried. An unmarried mother receives sole residential and legal custody until the court enters different orders based on the establishment of paternity and the best interest of the child. 

What Custody Rights Do Fathers Have?

Once again, a father’s right to custody is equal to a mother’s right. However, a father might have to legally establish status as the child’s father before receiving those equal rights. 

When a woman and man are married at the time a child is born or 300 days before the birth, the court presumes the child belongs to the husband. If a child’s parents weren’t married when they were born or within 300 days before, the father can establish paternity by doing one of the following:

• Filling out and signing an Acknowledgment of Paternity Affidavit with the mother,
• Receiving a paternity order from the court, or
• Submitting to genetic testing and receiving an administrative paternity order.

Once there is a legal determination of paternity, the father can seek custody on the same footing as the child’s mother.

What Does Parenting Time Mean in Ohio?

Parenting time is basically visitation rights for a parent who doesn’t receive shared or primary residential custody of their child. Ohio courts often use parenting time orders to encourage frequent and continuing contact between a child and each parent. 

When a court makes a decision about parenting time, it uses many of the same best interest factors it uses for custody determinations. The court also considers the schedules of the parents and the child. 

Do I Have to Allow Visitation If I Have Primary Custody?

If the court orders visitation, you must allow visitation according to the court’s schedule. If you fail to honor a court’s parenting time or visitation order, you could be held in contempt of court and severely penalized. Denying visitation without the court’s permission could also result in you receiving fewer custody rights if you or the other parent files a motion to modify custody. 

When Can You Deny Parenting Time to the Non-Custodial Parent in Ohio?

You can ask the court to limit parenting time or require supervised visitation if your child’s other parent poses a threat in one of many ways, including:

• Being abusive toward your child or others in the parent’s household,
• Refusing to provide necessary care for your child, or 
• Exposing your child to danger or criminal activity.

You must present evidence to show that the restriction is in the best interest of your child. 

If the other parent continually fails to follow the parenting schedule or acts in ways that are harmful to your child’s development, the court may intervene to modify or restrict their parenting time. Parents who need a quick decision from the court can ask the court for temporary orders that don’t require an oral hearing. 

Letting the court intervene first in any type of custody dispute is often necessary to avoid contempt of court sanctions. If you have concerns about your current custody or visitation orders, speak to an attorney immediately about your options.

Can Grandparents Get Custody and Visitation Rights in Ohio?

Yes, grandparents can seek custody and visitation rights under Ohio custody laws, but it’s quite difficult to obtain. While parents generally have primary custody rights, custody laws in Ohio recognize that grandparents may play an essential role in a child’s life, especially in certain circumstances.

Under Ohio custody laws, grandparents can petition for custody if the child’s parents are deemed unfit, deceased, or otherwise unable to provide proper care. Courts will consider many factors, but the standard is much higher than the “best interest of the child” standard used when determining custody between two parents.

Additionally, custody laws in Ohio allow grandparents to request visitation rights in cases where the parents are divorced, legally separated, or one parent has passed away. However, the court must determine that granting visitation serves the child’s best interests and does not interfere with parental rights.

Let Us Look Out for Your Family

Vantage Group Legal Services is passionate about providing top-level and affordable counsel to the Ohio community. Each of our attorneys has at least seven years of experience, and once you sign up with our service, we will quickly match you with counsel that is best suited to the needs of your case. You can contact us by phone or online to schedule a consultation.