The domain of family law deals with the legal complexities of personal relationships--ones that are often full of deeply-held emotions and longtime bonds. The subject of child custody is an especially intricate area to navigate, and many involved in a custody dispute have questions about the legal process, their rights, and how their case could evolve. To provide some clarification, below you will find answers to a few of the more frequently asked questions regarding child custody and family law.

Answers to 3 Frequently Asked Questions About Child Custody

1. Is There a Difference Between Legal & Physical Custody?

Yes, there are important distinctions between legal and physical custody. The parent who has legal custody has the authority to make crucial decisions on behalf of the child, such as where they will go to school, where they will receive medical care, and whether they will receive a religious education. The parent who has physical custody is the one with whom the child will primarily live. In many situations, legal custody is awarded to both parents, regardless of whether physical custody is shared.

2. What Factors Do Courts Look at When Determining Who Gets Custody?

Family law courts consider a wide variety of criteria when deciding custody arrangements. While not an exhaustive list, some of the primary considerations include:

• The strength of the relationship and bond between each parent and the child
• The physical and mental health of each parent, as well as their respective histories of substance abuse
• The child's preferences; this is usually given more weight in disputes involving older children
• The stability of each parent's home, finances, and interpersonal relationships
• The criminal history of each parent

3. If a Parent Doesn't Pay Child Support as Directed, Can the Other Parent Deny Custody Rights or Visitation?

No. In the eyes of family law, the issues of child support and child custody are entirely separate from one another. Parent A has no legal right or authority to "get back" at Parent B by limiting custody/visitation because Parent B is negligent on child support payments. If a parent is unhappy with how custody arrangements are set up, they must file a motion with the courts asking to reconsider the existing setup; they cannot take it upon themselves to change it.

The attorneys at Lane, Felix & Raisbeck CO, LPA, are here to look out for you and your children at every step of a custody issue. They represent clients throughout Hamilton County, Ohio, in a number of different practice areas, including family law, personal injury, wrongful death, and criminal defense matters. Call (513) 922-7700 or visit them online to make an appointment today.