custody Archives - Ohio Family Law Blog

Blast From The Past: An Overview of Child Custody Proceedings in Ohio

PUBLISHER’S NOTE – I emailed this blog from August of 2021 to a possible new client this week. Custody cases are typically complex and very fact sensitive. But here are the basics. The information in it is still correct, but the new term for “visitation” is “parenting time”. Try the search bar above to focus in on a huge variety of articles we have published since 2007!

Understanding the Intricacies of Ohio’s Child Custody Laws

Ohio law is gender neutral in custody determinations – meaning there is no preference towards the mother or father being granted custody. In divorce court, “shared parenting” between the mother and father is generally the preferred parenting arrangement instead of sole custody to one parent. If a parent is awarded sole custody, they have the decision-making rights over where a child will attend school and major legal or medical decisions on their behalf. However, that is not always the case and the “best interest” test is employed to determine the best interest of the child.

An Overview of Child Custody Proceedings in Ohio

Understanding the Intricacies of Ohio’s Custody Laws

A court takes into consideration numerous factors such as: the mental and physical health of both parents, any history of domestic violence, child abuse or neglect, and parents’ commitment to facilitate and honor parenting time to name a few. In some cases, a judge will appoint guardian ad litem to assess the child’s best interests in order to act as the child’s voice in a custody case.

In the case of unmarried parents, the custody of the child is placed by law with the mother until court issues an order designating another person as the residential … Read More... “An Overview of Child Custody Proceedings in Ohio”

Do Criminal Convictions Impact Custody Determinations?

criminal convictions custody child's best interest

Child’s Best Interest Considered When Custody Is Granted In Ohio, But What If The Parent Has Criminal Convictions On File?

Yes. Criminal convictions may impact the Judge’s decision regarding who is granted custody. In Ohio, as in most states, the guiding principle is “what is in the child’s best interest“. By necessity, this must be a very comprehensive consideration of many factors. In Ohio, Section 3109.04 (F)(1) lists 10 specific factors the Court is to consider when making a custody determination.

They are:

(F) (1) In determining the best interest of a child pursuant to this section, whether on an original decree allocating parental rights and responsibilities for the care of children or a modification of a decree allocating those rights and responsibilities, the court shall consider all relevant factors, including, but not limited to:

The wishes of the child’s parents regarding the child’s care;
If the court has interviewed the child in chambers pursuant to division (B) of this section regarding the child’s wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, the wishes and concerns of the child, as expressed to the court;
The child’s interaction and interrelationship with the

Child Visitation Exchanges – Tips to Avoid Problems!

Visitation Exchanges. Do this to Avoid Friction with your Ex!

Visitation exchanges and custody exchanges can be uncomfortable and sometimes downright combative depending upon the relationship between the parents. They can also be stressful to your child as well. The overall objective needs to be to keep things civil and reduce friction all the way around.

Here are some common-sense tips of what to do, or not do in visitation exchanges:

Coordinate Drop Off/Pick Up Location: In high conflict cases, the less you have to interact with your Ex the better. One common approach is agreeing upon making the switch at school, a daycare center, babysitters or friend’s house. Other options are at a public place such as a park or restaurant. In extreme situations, some folks will make the exchange outside the local police department. You need to figure a spot that is practical and reduces possible danger
Bring a Third Party: Some folks will bring a witness to observe the drop off/pickups and to act as an observer and help reduce any friction. If you do this, please be smart in who you choose. Typically, a family member or a mutual friend works best (assuming they get along

Blast From The Past: Custody Wars: My Lawyer Suggested that I Fabricate a Child Abuse Allegation!

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S UPDATE: Here is one of my favorites posts written by custody expert Judianne Cochran from back on September 18th, 2010! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Using False Allegations In Family Law Custody Cases. Will I get A Better Position?

In recent years there has been a steady and alarming increase in the use of false allegations of vague, unsupported claims of domestic violence and even vaguer claims of child abuse, used solely in an attempt to find a shortcut to a presumed better position in custody cases.

What is more alarming is the observation that more often than not the attorneys of record for the litigants making these claims have been those unschooled in and relatively new to the family law arena, who have chosen to step outside their actual specialty and add a minor “division” of family law to their practices. Often, a new, young, unskilled associate is added to the practice to handle these family law issues.

Some of these practitioners use this mechanism so frequently that simply hearing the name of the attorney leads … Read More... “Blast From The Past: Custody Wars: My Lawyer Suggested that I Fabricate a Child Abuse Allegation!”

Grandparent Custody Issues From a Lawyer’s Viewpoint

Grandparents Custody In Ohio

PUBLISHER’S NOTE: Tomorrow is National Grandparents Day. While perhaps it is not a well recognized day, it should be. Grandparents are raising more and more children every year. In addition, the importance of their role in our society can not be overstated. This article posted on the Ohio Family Law Blog 10 years ago by Anne Shale, still serves as an excellent primer about grandparent custody in Ohio. In honor of all the grandparents out there, I want to say “thank you” for all your efforts, sacrafices and the love that you share!”

Grandparents Gaining “Custody” of Their Grandchildren: Why? How? Where?

In an ideal world, children should be reared by a loving and caring two-parent family, having both a Father and a Mother, with plenty of caring relatives to assist with parenting activities during times of stress, need, or illness. Today, we are seeing more and more Grandparents taking on the responsibility of primary child-rearing of their Grandchild or Grandchildren. For the sake of brevity, this article is directed to Grandparents seeking “custody” of one Grandchild though they may, in fact, be seeking “custody” of several Grandchildren. Why are we seeing … Read More... “Grandparent Custody Issues From a Lawyer’s Viewpoint”

Another Same-Sex Parenting Rights Issue Upheld by the U.S. Supreme Court

U.S. Supreme Court Upholds Arizona Supreme Court Same-Sex Custody Case Decision

The U.S. Supreme Court declined on February 22, 2018, to hear an appeal of a case where the Arizona Supreme Court found that a lesbian woman should be recognized as the legal parent of the child she and her former wife conceived through artificial insemination during their marriage.

The case, stems from a custody dispute between Kimberly McLaughlin and Suzan McLaughlin. The couple was legally married in California in 2008, and chose to have a child via artificial insemination and an anonymous sperm donor. In 2011, Kimberly gave birth to the couple’s son. Two years later, she left with the child and cut off all communication between Suzan and their son. Upon filing for divorce, Suzan sought parenting time based upon an Arizona law regarding the presumption of parentage. Specifically, the law states that a child born to a woman within 10 months of her marriage is presumed to be biologically related to the father. However, Kimberly claimed that she cannot be required to share custody of her biological child because this presumption clearly states that it only applies when the other spouse is a man.

U.S.

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