One of the most contentious topics in family law cases can be child custody and deciding which household your child should spend the most time at. Whether you’re getting a divorce or if your child’s other parent is pushing to change the custody plan, you have a right to spend time with your child. Ohio’s family laws determine how custody is allocated between households, but in most situations, the decision is not cut-and-dry. You stand the best chance of reaching a favorable custody decision with the help of a family law attorney in Troy. The team at Dungan & LeFevre understands that parents want what’s best for their children, and we’re ready to help you find the best possible solution to your unique situation.
What Do Judges Look For In Child Custody Cases in Ohio?
Child custody is one of the most contentious parts of any termination of marriage. Generally the court looks for the best interest of the child and that is governed by statute 3109.04, of the Ohio high revised code. There are two basic methods or kinds of parenting. There’s sole custody where one of the parents is sole custodian, makes the decisions and the other parent just has parenting time. And there’s also shared parenting, which is a commitment to co parenting. It is someone still has to make the decisions. It’s still important that the parties continue to parent with each other, with the children. Shared parenting is becoming more common and the court, in order to have the court review that shared parenting plan, you have to file a shared parenting plan. You just can’t ask for it. You actually have to put a plan together that makes sense to the court and the other party. But basically its best interest to children is with a guidepost for the court.
If you need to hire a family lawyer for your divorce, give us a call today.
How is Child Custody Determined in Ohio?
Ohio courts ultimately base their child custody decisions on what is in the best interest of children. Generally the court looks for the best interest of the child and that is governed by statute 3109.04, of the Ohio high revised code. The court prefers shared parenting, as there is no such thing as “joint custody” in Ohio. If one or both parents submit a shared parenting plan, the court may approve the plan and order shared parenting. However, if the court finds that the plan is not in the child’s best interest, the court can request a change in the plan or deny a shared-parenting situation. If a plan is not submitted, the court will name one parent as the sole legal custodian of the children.
At one or both of the parents’ request, the court will talk to the child concerning the child’s wishes about the parenting arrangements if the child is of appropriate age. The court is not bound by the child’s wishes and concerns; the child’s wishes are only one factor to be considered. Alternatively, a Guardian ad Litem (GAL) may be appointed at either party’s request to conduct an investigation and provide an independent report and recommendation to the court as to what is in the child’s best interest. Much like the child’s preference, the GAL’s recommendation is just one factor taken into account by the court. Other factors include:
- The child’s mental and psychological development
- The interaction between the child and other significant persons
- The child’s adjustment to the home, school and community
- The ability of a parent to be the legal custodian
- Whether child support has been paid
- Whether visitation has been allowed or withheld
- Whether any abuse has occurred
- If one parent intends to move out of state
The child custody and family law attorneys at Dungan & LeFevre can answer your questions and help you achieve your goals as a parent. We understand that a custody issue can make a tense divorce worse, and we offer our clients guidance as they work through their divorce>. To discuss your goals and concerns with a child custody attorney, contact us today. Dungan & LeFevre’s family law attorney Matthew C. Sorg represents clients throughout the Miami Valley and Ohio.
How Are Visitation Rights Decided?
In all cases involving minor children, the court will establish a parenting time schedule, sometimes referred to as visitation. Parenting time is a central part of any child custody order, because it determines how often each parent will be able to spend time with their child.
Ohio courts make parenting time decisions based on what arrangement serves the child’s best interests. Many counties, including Miami County, have standard parenting time schedules that may apply when parents cannot agree. However, these schedules can be adjusted depending on the child’s needs, the parents’ work obligations, school schedules, and other family circumstances.
Because every custody case is fact-specific, it is important to work with an experienced child custody attorney who can help you pursue a parenting plan that protects your relationship with your child.
Visitation and Parenting Time Are Closely Connected to Custody
Many parents assume that custody is only about where the child lives, but parenting time is equally important. Even when one parent is named the residential parent, the other parent usually has enforceable parenting rights unless there are serious safety concerns.
In shared parenting cases, parenting time schedules are often more flexible and designed to allow both parents to remain actively involved. When shared parenting is not appropriate, the court may order parenting time under a structured schedule.
At Dungan & LeFevre, we help parents develop custody and parenting time arrangements that reflect their child’s best interests and provide stability for the future.
Shared Parenting vs. Sole Custody in Ohio
Ohio law generally encourages shared parenting when it benefits the child. Shared parenting means both parents remain involved in major decisions affecting the child’s upbringing, including education, health care, and religious matters.
However, shared parenting does not always mean equal time. The court may still designate one parent as the residential parent for school placement purposes.
In other situations, the court may award sole custody when shared parenting is not workable due to ongoing conflict, concerns about safety, or a parent’s inability to cooperate.
Our Miami County child custody attorneys can help you understand what type of custody arrangement is most realistic and appropriate for your case.
Can a Child Custody Order Be Modified?
Child custody and parenting time orders can be modified when circumstances change. If a parent’s situation has significantly changed, or if the current custody plan no longer meets the child’s needs, the court may consider revising the order.
Common reasons custody modifications are requested include:
- A parent relocating or planning to move out of state
- Repeated denial of parenting time
- Concerns about a child’s safety or well-being
- Changes in a child’s educational, medical, or emotional needs
- A parent’s inability to follow the existing custody schedule
Modifications can be difficult to obtain without proper legal guidance. A child custody lawyer can help you present a strong case and advocate for an arrangement that supports your child’s best interests.
What If the Other Parent Violates a Parenting Time Schedule?
When one parent refuses to follow a court-ordered parenting time schedule, the other parent has legal options. Ohio courts recognize that children benefit from consistent relationships with both parents, and interference with parenting time may be taken seriously.
Depending on the situation, enforcement options may include:
- Filing a motion for contempt
- Requesting make-up parenting time
- Seeking modification of the custody arrangement
- Addressing repeated violations through the court
If you are being denied parenting time or facing accusations of violating an order, our attorneys can help protect your rights while keeping the focus on what is best for your child.
How Is Child Support Determined?
Child custody and parenting time decisions often affect child support obligations. Even in shared parenting cases, one parent may still be required to pay support depending on the parents’ incomes and the child’s financial needs.
Ohio law requires that child support be calculated using guidelines outlined in the Ohio Revised Code. The court uses a basic support schedule based on the combined gross income of both parents and the number of children involved.
To calculate the appropriate amount of child support, the court:
- Combines the income of both parents
- Adds medical insurance and necessary child care costs
- Divides the total obligation based on each parent’s percentage of income
In certain circumstances, the court may deviate from the standard schedule when applying it would be unfair or inappropriate.
How Do You Fight child Support In Ohio?
In Ohio, child support is an obligation of each parent. Whether you have equal time or just a standard order of time, is an obligation the court will impose. They look at the incomes of the parties. They will give people certain credits for health insurance expenses, daycare expenses. But basically, it goes into a computer software that, based upon the Ohio legislature, it says, this is the amount of support this child needs based on the incomes. The fight for child support or against child support means that you would have to identify the potential downward deviations of additional time or that you are going to pay directly the extracurriculars, the school fees, the clothing. There can be in kind contributions that would reduce your child support obligation through the CSEA, the Child Support Enforcement agency. But it’s not something that you can say, I’m not going to pay child support. Child support is mandated by law.
If you need to hire a family lawyer for your divorce, give us a call today.
Contact A Child Custody Attorney At Dungan & LeFevre
Our family law attorney Matthew C. Sorg has decades of experience in resolving child custody issues for parents and other family members throughout the Miami Valley. With offices in Troy, we represent clients statewide. To set up a consultation regarding your goals and concerns, please call (937) 339-0511 or contact us by email. We can help.
FAQs About Child Custody in Miami County
Do mothers automatically get custody in Ohio?
No. Ohio courts do not favor one parent over the other based on gender. Custody decisions are based on the child’s best interests
Can fathers receive shared parenting or sole custody?
Yes. Fathers have equal rights under Ohio law, and courts regularly approve shared parenting plans or award custody to fathers when appropriate.
Do I need a lawyer for a custody dispute?
Custody matters can become complex quickly, especially when parenting time, relocation, or contested custody issues are involved. A lawyer can help protect your parental rights and guide you through the process.
Contact a Miami County Child Custody Attorney at Dungan & LeFevre
Child custody disputes are emotionally challenging and legally complex. Whether you are establishing a parenting plan, seeking shared parenting, requesting a custody modification, or dealing with parenting time enforcement, Dungan & LeFevre is ready to help.
To schedule a consultation, call (937) 787-5714 or contact us online today.