Child Custody
Information About Child Custody
When parents come before the court to terminate their marriage or for a parentage proceeding for non-married parties, the court must address what will happen to their children. The marriage/relationship may end, but both former spouses/partners will still be parents, and their children will still need regular contact with both parents.
Attorney Kristin Brown
has worked for a decade assisting clients navigate the sensitive nature of custodial rights and family law. Our firm knows the ins and outs of the Ohio
family legal system and can serve as an advocate for you and your children. Call 419-525-0019
today to schedule your legal consultation.
How have the laws changed?
The laws regarding children in divorcing families have changed dramatically over the past few decades. For most of the 20th century, children were handled much the same as the property their parents owned. The parties would fight over the right to control their children's fate, the court would hear their arguments, and, finally, one parent would “win” and be awarded custody of the children. The other parent would be awarded visitation rights.
Over time, judges, lawyers, psychologists, and others recognized that the impact this process had on the children was greater and often more negative than expected. The courts and the legislature began to shift their focus from the rights of the parents to the rights of the children.
How are parental rights and responsibilities divided?
- The current term for the time parents spend with their children is parenting time (not visitation), whether there is shared parenting or legal custody to one residential parent.
- Procedures for dividing parental rights and responsibilities now emphasize the rights of the child to be loved and supported, while maintaining relationships with both parents, despite difficulties the parents may have with each other.
- All parents have certain rights and responsibilities regarding the care of their children. When parents' divorce or separate, these rights and responsibilities are even more important. The court's role is to ensure that the “best interests” of the children are protected. Therefore, the parental rights and responsibilities are expressly “allocated” to the parents.
- When parents disagree, the court may appoint a guardian ad litem to investigate and to recommend what is in the child(ren)'s best interest. Also, if either parent files a motion to request it, the court will interview the child(ren) in private, and if the court determines the child(ren) are mature enough to state their wishes, the court may consider their wishes, as stated. No child is ever required to “choose,” and the court has discretion to grant or deny a child's request. To protect children from bribery or coercion, no parent is permitted to give the court a statement written or spoken by the child, and if such a thing is offered, the court is not permitted to consider it.
- In shared parenting, the parents “share” the parental rights and responsibilities per a shared parenting plan. One or both parties will submit a proposed plan to the court detailing how the responsibilities are to be shared. The division of the children's time between the parents need not be equal. The court reviews the plan to determine if it is in the children's best interests. The court may then adopt the plan, ask the parties to amend it and adopt it as amended, or reject the plan. The parents may revise the plan to address the court's objections, or the court may reject shared parenting completely and name one parent the sole residential parent and legal custodian.
- Nonresidential parents have rights to regular parenting times, involvement in the children's school activities, access to the children's school and medical records, and notification before a residential parent moves to a new residence with the children. Nonresidential parents are often ordered to pay child support and a percentage of the child's health care expenses. One or both parents may be ordered to provide health insurance coverage for the children, if available.