How Is Child Custody Determined in Ohio?
There are a variety of factors utilized by courts in Ohio to determine child custody. At the heart of any case in which child custody is an issue is a consideration of what is in the best interests of the child. Child custody determinations are made either through the agreement of parents or through an order of the court if the parents are unable to come to terms.
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Function
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The function of child custody laws in Ohio is provide a uniform process through which child custody issues are determined in the state. Through a standardized set of considerations, the goals of lessening conflict in cases involving child custody and consistency are achieved with greater frequency.
Preference of Child
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The preference of the child is not determinative of custody issues in Ohio. Nonetheless, Ohio law does permit a judge to interview a child in chambers (no matter her age) to obtain information on the her preferences.
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Joint Custody Plan
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Ohio child custody laws permit parents to develop their own proposed joint custody plan. Through this plan the parents delineate their own preferences in regard to child custody and parenting time (visitation).
The court reviews the plan to determine whether it is in the best interests of the child. The court does grant significant latitude to the parents in developing their own joint custody plan when determining child custody in a divorce, legal separation or paternity case.
Best Interests of a Child
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There are a number of specific factors that come into play when the court analyzes what is in the best interests of a child. These factors include which parent historically provided primary care of the child, the overall mental and physical health of all parties (parents and child) and which parent will best promote reasonable and regular parenting time with the non-custodial parent.
Warning
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Determining child custody in Ohio is a complicated legal process in many cases. Additionally, issues surrounding child custody are particularly emotional. Therefore, as you face a case regarding child custody issues, seriously consider engaging the services of a qualified and experienced family law attorney. The Ohio State Bar Association maintains a directory of attorneys in different practice areas, including lawyers that represent clients in child custody cases. The Ohio State Bar Association is contacted at:
Ohio State Bar Association
1700 Lake Shore Drive
Columbus OH, 43204
800-282-6556
614-487-2050
ohiobar.org
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References
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