** URGENT COVID-19 - WE'RE STILL OPEN *** Please click here for updates.
** COVID-19 - WE'RE STILL OPEN ***
Please click here for updates.
** URGENT COVID-19 - WE'RE STILL OPEN *** Please click here for updates.
** COVID-19 - WE'RE STILL OPEN ***
Please click here for updates.
Child custody and visitation are two of the most difficult issues in a divorce proceeding. While the parents appear to be the focus of a custody battle because they are the parties that are being heard, the real focus in any custody battle is the child.
As with most states, Ohio courts focus on what is in the best interest of the child when deciding custody disputes. A child who is caught in the middle of a nasty custody battle is heartbreaking for all parties but especially for the child.
Therefore, Ohio laws are written to protect the child's best interest first and foremost. In most situations, it is in the best interest of the child to have both parents play an active role in the child's upbringing. When both parties enjoy the rewards and responsibilities of being a parent, it benefits the child.
To that end, Ohio custody laws encourage parents to work together to formulate a custody arrangement that benefits everyone in the family.
Ohio family courts allocate parental rights and responsibilities for the minor children of parties in two ways.
According to state statute, the court may:
"allocate the parental rights and responsibilities for the care of the children primarily to one of the parents, designate that parent as the residential parent and the legal custodian of the child and divide between the parents the other rights and responsibilities for the care of the children. Including, but not limited to, the responsibility to provide support for the children and the right of the parent who is not the residential parent to have continuing contact with the children."
If the court allocates the parental rights to one parent, the court may, in its discretion, assign all of the legal rights to make major decisions for the child to that one parent. In other words, the residential parent may have the sole authority to make all decisions that affect the child concerning the child's health care, education, religion, extracurricular activities, and any other major factor that influences the child's life.
The second choice for allocating parental rights is through an Ohio shared parenting plan. The same Ohio statute that provides for the appointment of a residential parent also provides for a shared parenting plan.
Under this subsection, "the court may allocate the parental rights and responsibilities for the care of the children to both parents and issue a shared parenting order requiring the parents to share all or some of the aspects of the physical and legal care of the children per the approved plan for shared parenting."
However, before the court can allocate parental rights and responsibilities for the child to either parent, it must first determine what is in the child's best interest. To do this, family court judges apply the "best interest test." This "test" consists of 10 factors that the court must consider to decide whether to grant sole legal custody to the mother or the father.
The factors used by Ohio family court judges when determining the best interest of a child regarding the allocation of parental rights and responsibilities are enumerated in. There are 10 factors; however, the statute specifically states, "the court shall consider all relevant factors, including, but not limited to" the following factors:
Child custody cases often feel as if the parents are being "judged" to determine which parent is the "best" parent to care for and make decisions for the child. However, the court's sole duty is to protect the minor child by determining what is in the child's best interest.
In addition to considering the above factors, the judge may also consider testimony and evidence presented by both parties. In highly-contested custody battles, parties will retain experts such as psychologists, medical professionals, psychiatrists, and educational professionals.
The use of experts in a custody battle is designed to present the judge with relevant facts and opinions as to what is in the child's best interest. It is completely within the judge's discretion whether to rely upon any expert testimony when making his or her decision.
Ohio, like many other states, has shifted the focus of custody toward shared parenting rather than sole, legal, or residential custody. Numerous studies have found that it is in the best interest of the child to have both parents in his or her life as much as possible.
One study found that "children from divorced families are better adjusted when they live with both parents at different homes or spend significant time with both parents compared with children who interact with only one parent."
Another study found that "children fare better when they spend time living with both of their parents."
It is a common belief by many experts in several fields that "children from birth to adulthood need time and attention from their parents." Unfortunately, when parents decide to end their marriage, the children will lose time with each parent.
Therefore, parents must find a way to ensure that their children are spending an adequate amount of time with both parents even though the parents are not residing in the same household. Shared parenting is one way Ohio family courts make it possible for children to receive the benefit of having both parents play an active and continuous role in their lives.
Shared parenting is similar to what other states call joint custody, time-sharing, parenting plans, and co-parenting. Ohio defines shared parenting under Oho Revised Code Section 3109.04 as a plan that includes "provisions covering all factors that are relevant to the care of the children, including, but not limited to, provisions covering factors such as physical living arrangements, child support obligations, provision for the children's medical and dental care, school placement, and the parent with which the children will be physically located during legal holidays, school holidays, and other days of special importance."
In a shared parenting situation, both parents are considered the "residential parent" for legal purposes. In other words, both parents share in making major decisions that affect their child's life.
Just as the court must determine what is in the child's best interest when deciding to grant residential custody, the court must also do the same if it is considering shared parenting. In addition to the factors used under the "best interest test," the court will also consider the following factors before granting shared parenting:
When parents collaborate to propose a joint shared parenting plan, it is often a more successful plan because both parents have contributed to working out the details for shared parenting.
However, either parent may file a motion with the court requesting a Shared Parenting Decree and file an Ohio Shared Parenting Plan at least 30 days before the final hearing date. The time requirement may be waived by the consent of both parties.
Even though the parents are sharing the parental responsibilities for their child, this does not necessarily mean that the child will spend exactly half of his or her time with each parent. In some cases, parents may be able to work out a parenting plan that is close to 50/50; however, that is sometimes impossible due to work and school schedules.
It is better to develop a plan that meets the needs of the child, works with the schedules of both parents, and maximizes the time that the child spends with each parent under the circumstances. For example, switching homes every other night or every few nights can be very disruptive for the child.
The goal of a parenting plan is to provide stability for the child as well as access to each parent. For some families, this may result in the child switching homes every other week but for other families, the child may spend Monday through Thursday with one parent and Friday through Sunday with the other parent.
The benefit of shared parenting is that it offers much more flexibility for the parents in deciding when the child will spend time with each parent. Traditional custody and visitation schedules were very rigid and did not always meet the needs and demands of an active family.
Another feature of an Ohio shared parenting plan is the possibility of reduced child support. The same Ohio child support guidelines will be used when calculating child support in a shared parenting situation as in a residential custody situation.
However, the one difference is that if parents agree to a lower child support payment due to the parenting plan and the court finds that it is in the child's best interest, the court can order child support that is lower than the Ohio child support guidelines. That is what courts call a “deviation” from guideline support.
Shared parenting is only as successful as the parents make it. If parents refuse to work together to resolve issues and problems, the shared parenting plan will fail.
Unfortunately, there are many negative emotions associated with a divorce. Parties may be angry, hurt, frustrated, and spiteful with each other; however, they must put their personal feelings for each other aside to do what is in the best interest of their child.
Shared parenting can only work if the parents are committed to doing whatever is necessary to resolve their differences to do what is best for their child.
Below are some suggestions and tips for making an Ohio shared parenting plan work.
Shared parenting is not a war that you are fighting to win. You and your ex-spouse are sharing parental responsibilities just as you did before your divorce.
If you remember that the ultimate goal is to raise a loving, caring, responsible adult, you can find ways to resolve any issues that arise that could jeopardize your goal. In every situation, the focus should be on the best interest of your child rather than yourself or your ex-spouse.
_________
Take the guesswork out of divorce fees. Click here to learn more.
When you subscribe to the blog, we will send you an e-mail when there are new updates on the site so you wouldn't miss them.
Jack’s Law Office
305 S Sandusky St
Delaware, OH 43015
(740) 369-7567