When courts decide custody disputes during divorces, they apply the standard of what is in the best interest of the child. In making their awards, courts are authorized to consider several factors. Here are a few elements that may impact court rulings on allocating parental rights or shared parenting.

What Are the Factors That Can Affect Child Custody Decisions in Ohio?

1. Child’s Wishes

Before allocating parental rights and responsibilities, the court can conduct an interview to ask the child about their wishes and concerns. The court must interview children in chambers and determine whether they have the ability to make decisions before considering their wishes.

2. Criminal Convictions

Courts must consider whether a parent has pleaded or been found guilty of a crime that involved a child being neglected or abused, or whether any member of the household has been convicted of a sexually oriented crime. If so, that parent can only be designated a residential parent or share custody when the court determines granting that status is in the best interest of the child.  

3. Family Relationships

The court examines the quality of the relationship between the child and each parent and the child’s comfort level around them and other members of the household. The court will consider the time spent and types of interaction between parent and child, such as educational, health, religious, and social activities.

4. Parent’s Health

Parental physical, mental, and emotional health matters in custody decisions. Parents must be able to provide the love, care, and support related to their child’s specific needs. If parents lack certain skills or suffer from conditions that limit or prevent them from carrying out their responsibilities, the court may require them to get help before awarding custody or shared parenting rights. Such help may include parenting classes, treatment for substance abuse, or psychological counseling.      

If you’re facing a child custody dispute, seek the counsel of Swartz Law Office. These family lawyers offer five years of experience in helping clients in Batavia, OH, navigate the court custody process. Applying their skill and professionalism, they present each client’s circumstances in the best light. View all their practice areas online or call (513) 732-0900 to schedule a consultation.