Photo of the legal professionals at Harry Lewis Co., LPA
Photo of the legal professionals at Harry Lewis Co., LPA

Trusted In The Columbus Area
For More Than 40 Years

Photo of the legal professionals at Harry Lewis Co., LPA

Trusted In The Columbus Area For More Than 40 Years

Child custody in contested and uncontested divorces

On Behalf of | Dec 14, 2018 | Child Custody |

Ohio parents know that one of the hardest parts of divorce has nothing to do with retirement, property, or other such matters. Child custody can often be the top disputed matter. These matters are also handled differently depending on how the divorce proceeds.

According to FindLaw, uncontested divorce is one possible way of proceeding. Through this option, it’s entirely up to the partners to handle matters like child custody. They can get help from professional third party sources such as attorneys, divorce counsellors, or mediators. However, the onus is on them to come to a conclusion that they both find reasonable. This means they need to decide a visitation schedule, who gets primary custody or if they will share custody, and other complex matters.

Needless to say, uncontested divorce cases can be somewhat rare. Legal Dictionary looks at much more common contested divorce instead, in which a court and judge determine how a couple’s custody over their child will look like. This includes the visitation schedule, as well as who holds primary custody. The court will take arguments and evidence presented into consideration when making their choice, but the end result is ultimately up to them. They will make a decision based on what they feel is in the child’s best interest.

The latter takes having to compromise directly with ex-partners out of the equation but also takes away some freedom of decision. The former has plenty of freedom but relies on a couple being able to make these decisions together. Therefore, both appeals to a different crowd.