Divorce Custody Laws in Ohio
Divorce proceedings are difficult to go through, and the hardships are compounded when minor children are involved. Ohio, like other states, has provisions in place to ensure that, regardless of the divorce outcome, minor children are put in the custody of the parent who will look out for the best interests of the children.
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Visitation Rights
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While one parent may have custody of the child (meaning, for the purposes of this article, that the child spends the majority of his or her time with that parent), the other parent is entitled to some form of visitation. Typical schedules include seeing the child on weekends or having the child for one week out of the month. Cases involving abuse or neglect of the child may limit the amount of time a parent may visit the child; Ohio law also contains provisions allowing for visitation to be supervised if these situations exist.
Shared Parenting
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Similar to the provisions above, Ohio law allows for "shared parenting." In this case, both parents have equal time in terms of custody and equal rights in making decisions for the child's well-being. The parents can come up with a plan and submit it to the court. Shared parenting is preferred over granting one parent "sole custody" and choosing a visitation schedule for the other parent.
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Best Interests Standard
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Ohio uses the "best interests of the child" to make determinations regarding custody and support of children. Under this law, the court must consider relevant factors, including the child's preference (if the child is old enough to form a preference), the capability of the parents to provide for the child (taking into consideration jobs, education, mental health, and willingness), and whether any other factors (such as history of abuse or neglect or domestic violence) existed in the marriage. Ultimately, the test is fact based and will differ in every Ohio divorce.
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