Finding Positive Resolutions In Child Custody Matters

Last updated on June 21, 2024

One of the biggest fears for most parents is the possibility of losing precious time with their children. Unfortunately, in most child custody cases, this is a very real possibility.

At Harry Lewis Co., LPA, in Columbus, our goal is to help you preserve your quality time with your children while also looking out for their best interests. With more than 40 years of experience, we know the ins and outs of Ohio child custody laws. Whether you are going through a divorce, already divorced or unwed, we are here for you when you need an attorney to stand up for your parental rights.

Understanding Child Custody Laws In Ohio

Going through a child custody dispute can feel overwhelming. One way to ease this strain and empower yourself is to become educated about Ohio’s child custody laws.

These are a few of the most significant points regarding child custody in Ohio:

• Child custody: Child custody refers to the legal arrangement regarding the rights and obligations of each parent to their child.
• Shared parenting: Joint custody in Ohio is referred to as shared parenting. Shared parenting is defined as a parenting plan that names both parents as the residential parents of the minor children, and both parents have equal input in decision-making for the minor children. Parents are referred to as co-parents.
• Sole custody: This rare arrangement is defined as one parent having exclusive legal and physical custody of their children. The parent with sole custody is the primary caretaker. The other parent may or may not be granted visitation.
• Modification: Child custody agreements can be modified under certain conditions.

One of the key things to remember is that, legally, the child comes first. The laws are written to do what is in the best interest of the child, and judges follow that standard.

The challenge, of course, is determining what child custody arrangements are actually in the child’s best interest. More often than not, spending time with each parent is going to be best for the child – shared parenting. However, that time may not always be equal. Then there is the question of who makes decisions about the child’s health care, education and more. While child support is seen as a separate issue, it is definitely entangled with child custody decisions.

A Lawyer Who Puts Your Children First

Determining what is in a child’s best interest can be a divisive matter. This is one of the many reasons why a lawyer’s experience is important. We have handled enough of these cases to know how judges look at these situations. We know the precedents that have been set and how the courts deal with all sorts of nuances. Is one parent a stay-at-home parent? Does one parent live in another city, state or even country? Has one parent remarried? Is the child older and wants a say in the outcome? Whatever the case may be, you can count on us to provide sound, informed guidance.

Child Custody, Companionship And Visitation Rights

When it comes to defining child custody rights, both parents have equal rights before the law. Judges will consider specific elements when accepting or granting custody and visitation rights, like the following:

• The relationship the child/children have with each of the parents and siblings
• Whether a parent or family member requesting companionship rights has a history of conviction or domestic violence issues
• Parent’s availability based on the parent’s working hours and the child’s school schedule, including holidays and vacation time
• The child’s preference after an interview with the judge
• The parents’ individual willingness to comply with the parenting plan

Many divorcing parents wonder: “Where do I file for child custody in Ohio?” In a divorce, matters of custody are settled during divorce proceedings. If you need to amend the custody agreement or completely dissolve it, you must make a separate filing. Exactly where you go to begin varies by county. In Columbus, the Franklin County Clerk of Courts Juvenile Division is where these petitions begin.

The Juvenile Division also manages cases involving delinquencies, abuse, neglect or dependency. If you need to pursue custody because of concerns over your child’s safety, this is where you would begin that process. 

When Is Shared Parenting A Good Option?

Ohio courts are open to shared parenting, provided it corresponds to the best interests of a child after evaluating the following:

• The parents’ ability to reach agreements regarding co-parenting
• Whether the parents are willing to contribute to strengthening emotional bonds with the other parent
• The geographic proximity of parents allows the child to continue with daily activities such as going to school without forcing long commutes
• The parents’ criminal record, if any
• If the child is safe with either parent and whether it is the child’s preference

In addition, Ohio courts will uphold the child’s best interests at all times. Let us help you navigate the legal system and create a parenting plan to protect your rights and your child’s. At Harry Lewis Co., LPA, we have more than 40 years of experience addressing the legal needs of parents and families like yours. Learn what we can do for you.

Answers To Common Questions About Child Custody And Related Matters

Below, we’ve provided answers to some questions you may have about Ohio child custody laws and practices.

What documents do I complete for child custody?

To establish your rights as a parent, either as a biological parent or if you want to amend a divorce decree, there are at least five forms that you will need to have. These forms generally want to establish your:

• Relationship with the child
• Health insurance status
• Income
• Expenses
• Basic information

We can carefully walk you through each of these forms, explaining their relevance and needs. Our input can help improve your chances of success in court.

How can I file for emergency custody?

According to the forms provided by Franklin County, emergency custody is rarely granted, and to succeed at a filing, it must be for a “life-altering emergency.” These circumstances must involve an “immediate and present danger to the children.”

You will fill out the requisite forms and file for a “Motion for Emergency Custody” along with an affidavit confirming the reason for the motion. The court will review the request and assign a judge to the case. Your hearing must be within 30 days.

The court will need to have convincing evidence of the danger to your child, and an attorney can help you understand what evidence is compelling and what evidence is not. Your petition has a high hill to climb, but with the right help, you can succeed.

What do courts consider when naming a primary caretaker?

Some situations necessitate the naming of a primary caretaker. When considering whether to name a primary caretaker, the court will consider which parent provided duties such as:

• Bathing and grooming
• Dressing
• Preparing meals
• Providing medical care
• Facilitating social interactions
• Assisting with or providing education

Every custody case is different, so there is no way to predict with perfect accuracy how the court will apply these factors to your circumstances. If you wish to receive an accurate assessment of your potential parenting plan, you should consult a family law attorney.

Child Support And When A Court May Grant A Deviation

In theory, both parents have a responsibility to financially support their children. In reality, the custodial parent may not be obliged to pay for child support. However, parents may apply to have a deviation in their child support obligations under special considerations, such as the following:

• Whether the parents agreed on extended parenting times and paid for the expenses of the child without asking for additional financial support from the other parent
• In-kind contributions by parents, including clothing, medicine or any other item the child may require
• The needs of a child in terms of physical, emotional and mental welfare
• The obligor’s financial possibilities

Courts will weigh the above and any other factors deemed relevant when considering a deviation from child support calculations.

Talk To A Child Custody Attorney During A Free Consultation

Prioritize your children’s best interests while seeking the parenting schedule that is best for you. Whether you are seeking a shared parenting arrangement or you wish to be your child’s primary caretaker, we at Harry Lewis Co., LPA, can represent you. For more than 40 years, we have helped clients in the Columbus area find solutions to their child custody and parenting schedules and other family law matters. With experience and skill, we will help you advocate for the outcome that is in the best interests of your children.

Schedule a free consultation with Harry Lewis Co., LPA, to discuss your and your children’s futures. Reach our lawyer by calling 614-721-6175 or by using our online contact form.