Understanding Child Custody Agreements in Ohio
Child custody disputes are often messy and complex processes. Parents want to remain involved in their children’s lives, and it’s only natural that strong emotions are present at child custody proceedings.
This article will cover some of the most asked questions regarding child custody decisions, including the difference between child support and child custody and when a modification to an existing child custody agreement may be warranted.
Definition of the Law
In Ohio, as in many states, child custody law centers on the “best interests of the child.” This tenebrious condition is determined by a variety of metrics including income, safety and stability. Ultimately, the courts evaluate each family’s circumstances to decide which arrangement will ensure a stable, healthy upbringing.
Ohio uses terms such as “parental rights and responsibilities” instead of “legal custody,” but the general concept is the same.
One important distinction is the difference between child support and child custody. Child support refers to financial support from one parent to another in a regular, allotted schedule to assist in raising a child. This support is often, but not always, garnished from the supporting parent’s wages and is given to the custody holder to help with things like rent, food, clothing or school.
On the other hand, child custody refers to the right to legal and physical custody. Legal custody refers to the ability to make legal decisions for the child; physical custody typically refers to where the child actually lives.
When deciding custody, courts look at factors that include:
- Each parent’s relationship with the child and involvement in daily life.
- The child’s adjustment to home, school, and community.
- The physical and mental health of all parties.
- The willingness of each parent to encourage a relationship between the child and the other parent.
- The wishes of the child, if the child is mature enough to express an informed preference.
Types of Child Custody
The following are the most common types of child custody:
- Sole Custody: Just like the name implies, sole custody is a legal arrangement where one parent has complete custody of a child. This parent makes decisions and takes action regarding the care and welfare of the child. The parent who has sole custody is known as the primary custodial parent.
- Joint Custody: When possible, the courts in Ohio will try to give a child time with both parents. This is the most popular legal arrangement in Ohio for unmarried or divorced parents.
- Grandparent Visitation Right and Custody According to Ohio law, “a court can award companionship or visitation rights to a grandparent during or after a domestic relations proceeding if the grandparent has an interest in the child’s welfare and companionship or visitation is in the child’s best interest.”
Child custody is further broken down into 2 main types of custody, legal custody, and physical custody. It is possible that 1 parent can get full physical custody of a child, but share joint legal custody, or vice versa.
- Physical Custody: When determining physical custody, the courts will keep in mind where both parents are located in relation to each other. For example, if both parents live in different states, sole physical custody will likely be granted to the one located near the child’s school. If both parents are close, they can share joint physical custody.
- Legal custody: Legal custody grants the parent responsible for the major life decisions impacting the child. Legal custody can fall under two categories: sole legal custody and joint legal custody.
Child Support Modification
There are some times where it may be necessary to revise an existing child custody agreement. This modification requires significant changes to the child or the parent since the original agreement. These can include:
- Changes in the child’s wishes
- Changes to the child’s environment (family, stability)
- Changes to the child’s future or current well-being
- Changes to the health of the parent
- Domestic Abuse
- Relocation
If the situation where the child resides becomes detrimental to the child, or if the holding parent decides to relocate, the courts may revisit the issue of child custody and reallocate the agreement. When applying standards for deciding what is “in the best interest of the child,” the court will default to the residential parent unless:
- The residential parent agrees to the change
- The child has integrated into the family of the petitioning parent
Changes to Emergency Custody Orders
Last year, Ohio passed SB545/HB1242, which amended state code related to emergency custody orders, which are short-term orders issued by the court in situations involving domestic abuse or violence. These orders are held in place until a full custody agreement is issued.
The new bill permits family members or legal guardians to be present for support and decision making assistance when children are being evaluated. This change comes after the case of Irvo Otieno, a Henrico County man killed in police custody during a mental health crisis in 2023 – his mother, Caroline Ouko, has received an $8.5 million civil settlement between multiple parties including the county sheriff’s office after alleging that the state’s refusal to allow her to visit Irvo is a reason for his death.
Hire an Attorney for Child Support Agreements in Cincinnati, OH
If you are in the process of divorce or are fighting for child custody, contact Joslyn Law Firm today. We proudly assist clients in Franklin County, Pickaway County, Madison County, Delaware County, Licking County, and Fairfield County. Contact Joslyn Law Firm today at (614) 420-2424 and one of our attorneys will assist you.
Attorneys with Joslyn Law Firm are experienced with child custody cases, including modifications, and will strive to protect your rights and achieve the best possible outcome for your situation. Contact us today and one of our attorneys will review your case for free.
We can also assist with modifications to spousal support and filing Motions To Modify Child Support in Ohio if necessary.
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