Ohio Child Custody Information
Custody laws protect a child's welfare when parents divorce or separate. The court's goal is always to maintain stability in the child's life, even in times of disruption as with divorce. Once a custody order is issued, a parent seeking modification has the heavy burden of proving to the court the change is necessary.
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Custody Rights
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Under Section 3109.03 of Ohio's Revised Code, parents have an equal right to seek custody of their children and no court is permitted to give any preference based on gender.
Best Interests
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The court will decide custody using the best interests factors set forth in Ohio Revised Code Section 3109.04(F)(1). They include: the child's preference, whether either parent is planning to relocate out of state, the health of the parents and the child, the child's relationship with each parent and any history of abuse.
The court may also consider additional factors found in Section 3109.04(F)(2) if the parents are seeking joint custody. They are: the distance between each parent's residence, whether the parents are still able to cooperate in raising the child and whether both parents are willing to encourage the child to continue a loving relationship with the other parent.
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Modification
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According to Section 3109.04(E)(1), a court will not modify a custody order unless the parent seeking modification can establish that there has been a change in circumstances since the original order was issued, as well as changing the child's environment would be more beneficial than harmful.
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References
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