Disputes related to child custody matters are all too common for Ohio families who are in the midst of divorce. Determining how childcare responsibilities will be divided and who will make major parenting decisions is not easy for many divorcing spouses, often resulting in heated arguments and costly court proceedings. When tensions are high, attempting to negotiate these issues with a spouse can be disastrous.
For this reason, many people seek guidance from experienced Ohio custody attorneys to help resolve issues related to child custody. At Zukowsky Law, we offer compassionate legal counsel to individuals facing child custody disputes in Ohio.
Child custody broadly refers to where a child lives and how decisions will be made regarding their care following a divorce. Recently, the word “custody” has been replaced with the “allocation of parental rights and responsibilities for the care of children.” Using this new perspective of custody, each parent ideally has the ability to parent and care for their children under the law.
Ohio law prioritizes shared parenting time, meaning that each parent has an equal right to care for their child. During a divorce, the court will attempt to grant custody based on these rights, ensuring that both parents have the ability to care for their child and make decisions regarding their upbringing.
Determining how each parents’ rights and responsibilities are allocated is typically left to the discretion of a judge during a divorce proceeding. The judge will determine custody and parenting time based on the best interests of the child. To make this determination, the courts will look at a variety of factors set forth in Section 3109.04 of the Ohio Revised Code, which includes:
These factors are all weighed equally when making custody decisions. It should also be noted that a judge will not give preference to a parent based on their financial status or condition. A dedicated and compassionate Ohio custody attorney at Zukowsky Law can help provide further details regarding how parenting time is allocated based on the rules and requirements of Ohio law, and how that would impact your specific situation.
As skilled Ohio custody attorneys with years of experience navigating child custody and parenting time matters, we have provided guidance to numerous families to achieve resolution. The following are some of the most frequently asked questions regarding child custody, parenting time, and visitation.
In the majority of cases, a child custody order will persist until the child reaches the age of 18 or is legally emancipated. The custody order is modifiable, however, assuming that there has been a substantial change in circumstances or if a change is in the best interest of the child. It is important to note that not all changes in circumstances are considered substantial enough to require a modification of the child custody order. If one parent remarries, for example, the child custody order is unlikely to be modified. On the other hand, if a parent is moving to a new country or is facing major medical challenges, these circumstances may warrant an Ohio child custody modification order.
In situations where parents share custody of the child or children, child support may still be necessary. Both parents have a legal obligation to financially support their children. Shared parenting arrangements are not always a 50/50 split of parenting time, and child support may be required to offset certain expenses for the parent who is with the child for a greater amount of time.
A parenting plan is a set of established guidelines and agreements made between both spouses regarding the parenting of their child or children. In the majority of cases, a parenting plan is required by Ohio courts. In this plan, you should include a parenting time schedule and detail the practical responsibilities of each parent. You must also note how major decisions regarding the health and wellbeing of your child will be made. An experienced Ohio custody attorney can help you create a parenting plan that benefits your family and ensure that you receive full and fair parenting rights under the law.
Navigating divorce is never easy, particularly when children are involved. Child custody and parenting time issues are sensitive, and it is important to uphold the best interests of the child at every step. Seeking counsel from a knowledgeable custody attorney can help mitigate the issues that may arise and resolve disputes along the way.
At Zukowsky Law, we provide compassionate advocacy for our clients to ensure that they receive equitable parenting time under Ohio law. To learn more about how we can help, consider contacting our Cleveland office at (216) 800-5529 today.
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