Child custody is a process that often stems from the separation of married or unmarried parents. In Ohio, the courts will decide on who gets custodial rights under the state’s custody law. Even if you have temporary custody, it is not a final decision. The following information will help you prepare better for the trial.

Common Questions About Child Custody

How is child custody decided?

Parents can decide out of court on who will get custody of their children. But if both parties do not agree, the Ohio courts will consider several relevant factors to determine the child’s best interest. These may include the child’s preference and relationship with parents, the parent’s desire to have custody, and the health of both parent and child. Also, your earning ability and financial worth will be evaluated. 

Your minor child may prefer to live with the other parent. The court may weigh this in the judgment, but if they deem it may not be in the child’s best interest, it will not be a deciding factor in the custody case.

What can affect one’s chances of getting custody?

Your chances of being granted custody do not depend on whether you’re the mother or father. Under Ohio’s custody law, there is no favoritism, and decisions are based on facts and evidence.

You may be unable to receive custody of your child if you have a history of substance abuse, felony conviction, or neglecting or abusing a minor. In these situations, you are considered unfit as a parent, and the likelihood of gaining child custody is low. 

What is a parenting plan?

A parenting plan is an agreement, sometimes court-ordered, between parents that determine their rights and responsibilities toward their children. Under Ohio’s laws, it applies to both full and joint child custody. It details the specifics of custody arrangements, including parenting time, child support, essential care, and authority for medical and educational decisions.  

Who pays for child support under shared custody?

The awarding of child support primarily depends on the circumstances of both parents. Under shared custody, the parties have to contribute to the child’s benefit, but it does not necessarily mean a fifty percent sharing of expenses. The Ohio court will estimate the amount of support according to the state’s guidelines. Failure to pay child support has severe consequences in Ohio, including being held in contempt of court, driver’s license suspension, and even jail time.

Learn more about child custody in Ohio by speaking to a lawyer from Riley, Resar & Associates P.L.L. in Lorain, OH. For almost three decades, their attorneys have provided sound legal counsel on different cases regarding family law, including child custody, support, and divorce. Call (440) 244-5214 to schedule a consultation or visit the website for more information on their practice areas.