In the state of Ohio, the term “custody” has been removed from the statute, and instead of awarding custody, the courts will “allocate parental rights and responsibilities for the care of minor children.” Each parent will be awarded a parenting time schedule and visiting rights in Ohio as part of the custody agreement.
When assessing a child’s best interest pursuant to an original decree distributing parental rights and duties for the care of children or a modification of such a decree, the court shall consider all relevant factors, including, but not limited to: Ohio Code Section 3109.04
- 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’s parents, siblings, and any other person who may significantly affect the child’s best interest;
- The child’s adjustment to the child’s home, school, and community;
- The mental and physical health of all persons involved in the situation;
- The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights;
- Whether either parent has failed to make all child support payments, including all arrearages, that are required of that parent pursuant to a child support order under which that parent is an obligor;
- Whether either parent or any member of the household of either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child;
- Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent’s right to parenting time in accordance with an order of the court;
- Whether either parent has established a residence, or is planning to establish a residence, outside this state.
Parents’ behaviors are equally crucial. Courts value parents who respect previous custody judgments and the other parent’s bond with the child. Additionally, a parent who has regularly paid child support will be seen more positively than a parent who has not.
A parent with a history of domestic violence or abuse will not be looked upon kindly, and in most circumstances, a judge will not give shared parenting duties to such a parent.
Shared Parenting Factors
A judge will examine several additional factors in order for courts in Ohio to grant joint custody, known as “shared parenting.” Ohio law shows a preference for parents to share custody of a child as equitably as feasible during a divorce.
Ohio allows parents to create their own joint custody arrangement. The parents define their own child custody and visitation choices, and the court reviews the plan.
Under Section 3109.04(2), the court shall consider all relevant factors, including, but not limited to:
- The ability of the parents to cooperate and make decisions jointly, with respect to the children;
- The ability of each parent to encourage the sharing of love, affection, and contact between the child and the other parent;
- Any history of, or potential for, child abuse, spouse abuse, other domestic violence, or parental kidnapping by either parent;
- The geographic proximity of the parents to each other, as the proximity relates to the practical considerations of shared parenting;
- The recommendation of the guardian ad litem of the child, if the child has a guardian ad litem.
When assigning parental rights and responsibilities for the care of children, the court shall not give a parent priority based on his or her financial situation or condition.
Modifying Child Custody
According to Section 3109.04(E)(1), the court will not alter a custody order unless the parent requesting modification can establish that circumstances have changed since the first order was made and that changing the child’s environment will be more helpful than detrimental.
In Ohio, a child custody order will remain in effect until it is modified, or until the child reaches the legal age of 18 or is emancipated. A request for modification of custody can be filed by either parent.