Child Custody and Visitation

Child Custody and Visitation Attorneys Mentor OH

parent holding hands of little kid girl

Experienced Lawyers Focused on Advocating for Children’s Best Interests

Ohio family courts are bound to resolve all child custody, parenting time (visitation), and parenting plan disputes in “the best interests of the child.” While parents can work with their lawyers to construct mutually agreeable custody and parenting plan arrangements via collaborative approaches, some parents need to fight for their child’s best interests in court. Either approach requires strong legal support, as the stakes of child custody and broader parenting cases are both high and deeply personal in nature.

  • After interviewing a few different attorneys in the area for my divorce, I hired Jon Axelrod in 2008. [With] the other attorneys I consulted with, I felt like a number / meal ticket. I was going through a very difficult time. They acted more concerned about the retainer fee than the welfare of my family. Jon treated me with compassion & was genuinely concerned for the safety of me & my boys. Over the years I have sent many referrals & consider Jon not only as my attorney but as a friend. Jon Axelrod cares & will stand by our side ’til the end.

    Jackie


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Custody Considerations 

Not so very long ago, it was standard practice that one parent would be awarded custody of their children and the other parent would be awarded visitation. Nowadays, shared parenting arrangements are standard in the vast majority of cases.

This shift in custody philosophy reflects a growing recognition that children benefit from maintaining strong relationships with both parents, wherever possible. Courts are moving away from the traditional assumption that one parent should be the main caregiver and the other should take a secondary role. Modern family law emphasizes the importance of both parents actively participating in their child’s life as long as this involvement is in the child’s best interest.

There are two major kinds of custody that must be addressed when the court either hands down a decision in a contentious case or approves a mutually agreed upon arrangement in a collaborative case: legal and physical custody. Legal custody concerns the parental right to make major decisions about a child’s upbringing, including whether they receive certain kinds of medical care and whether they will be raised within a specific religious tradition. Physical custody primarily concerns day-to-day decision-making on a child’s behalf.

Legal custody involves making critical decisions regarding a child’s education, including which school they will attend, whether they will participate in specialized programs, and how to address educational challenges. It also encompasses decisions related to healthcare beyond routine care, such as whether the child will undergo elective procedures, receive mental health treatment, or participate in experimental therapies. Additionally, religious upbringing, extracurricular activities, and decisions about international travel can all fall under the umbrella of legal custody.

Physical custody, on the other hand, determines where a child will live and who will be responsible for their daily care. This includes decisions about meals, bedtimes, homework, and immediate medical attention for minor illnesses or injuries. The person with physical custody is responsible for ensuring the child’s safety and well-being during that time.

Most of the time, parents either agree to share physical and legal custody of their children or are awarded these joint rights by the court. However, parents can also agree to an alternative arrangement or a parent can request that the court grant an alternative order if they cannot settle their differences with their child’s other parent in a collaborative way.

Understanding the Best Interests Standard

Ohio courts take into account a wide range of factors when deciding on a custody arrangement that best serves the interests of a child. These factors include the desires of the child’s parents as well as their own preferences and concerns. They also take into consideration the age and maturity of the child, as well as its interactions and relationships with parents, siblings, and other significant people in its life. Additionally, they consider how well the child adjusts to home, school, and the community, as well as the mental and physical well-being of all involved parties.

In addition, courts consider various factors when deciding which parent is best suited to fulfilling court-ordered parenting rights. These factors include whether either parent has paid child support, whether they have been convicted of certain criminal offenses, or whether there has been a history of domestic violence or abuse in the home. The court also considers each parent’s ability to create a stable home environment, including factors such as work schedules, living arrangements, and access to extended family support.

Parenting Plans

Regardless of how custody is resolved, if both of a child’s parents are going to maintain active relationships with that child, the court will likely insist upon the creation of a parenting plan. A parenting plan will outline how parenting time is to be divided between co-parents and may address a host of other issues, from how often – and by what means – parents will communicate about their child’s well-being to how the child will be transported between households.

Like child custody and child support orders, parenting plans are legally-enforceable documents. As a result, whether your case is going to progress collaboratively or contentiously, you will benefit from informed legal guidance as you work to craft a workable parenting plan that reflects your child’s best interests.

Modification of Custody Orders

It’s important to understand that custody arrangements and parenting plans may not be permanent. Life circumstances can change, and what works for a family now may not always be in the best interests of the children in the future. Parents can ask the court to change existing custody arrangements if there has been a significant change in circumstances, such as a parent’s move, changes in work schedule, remarriage, health issues, or concerns about the child’s safety and well-being.

However, courts do not consider modification request slightly. Parents seeking modification must show that significant changes have taken place since the original order and that changing the arrangement would be in the child’s best interests. This requirement helps protect children from constant disruption and prevents parents from re-litigating custody issues repeatedly without a good reason.

  • Jon Axelrod has represented us on multiple occasions since 2009. He has always gone above and beyond our expectations of a lawyer. He made sure that he gave us more than enough time and attention to make sure we were at ease. Without his help it would have been difficult to make it through some very trying times.

    Robert

The Emotional Impact of Custody Disputes

Beyond the legal complexities of custody disputes, they can have a significant emotional impact on everyone involved, especially children. Even when parents maintain a civil relationship and work together, children may still experience anxiety, confusion, and sadness due to changes in their family situation. When the dispute becomes more contentious, these emotions can become even more intense.

Our legal team understands that navigating a legal process is not just a matter of following a set of rules and regulations. It is also a difficult transition for you as you try to protect your children from any unnecessary harm. We approach each case with sensitivity towards the emotional aspects involved while providing the necessary legal representation to protect your parental rights and the well-being of your children.

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Schedule a Free Consultation with one of our Knowledgeable Lake County, Ohio Child Custody Lawyers Today

Navigating a child custody and parenting time case is one of the most emotionally challenging tasks that an adult can face. As there is likely nothing more precious to you than your children, you’re going to need sound legal guidance and support, regardless of whether your case is likely to be resolved amicably or may become contentious.

To begin exploring your options and protecting your parental interests, call (440) 944-7300 or submit a contact form on our firm’s website to schedule a free, confidential case evaluation with one of our reputable Mentor, OH child custody lawyer today. The dedicated team at Axelrod & Hellier Law Office has extensive experience managing both straightforward and complex custody, visitation, and parenting time matters and it would be our pleasure to speak with you about your current legal needs.

Common Child Custody and Visitation FAQs

What is the difference between legal custody and physical custody in Ohio?

Legal custody is the right to make major decisions about your child’s upbringing (education, healthcare, religion). Physical custody refers to where the child lives day-to-day. Parents can share joint legal and/or physical custody, or one parent may be awarded sole custody in either category based on the child’s best interests.

How do Ohio courts determine what is in a child’s “best interests”?

Courts consider factors like the child’s relationship with each parent, each parent’s ability to provide a stable home, the child’s adjustment to school and community, the parents’ mental and physical health, and—if the child is mature enough—the child’s own wishes regarding custody and parenting time.

What is a parenting plan and is it required?

A parenting plan is a detailed, written agreement that outlines how parents will share time and responsibilities. It typically covers the parenting time schedule, holiday and vacation arrangements, transportation, communication between co-parents, and methods for resolving future disputes. Ohio courts generally require one when both parents will remain involved.

Can a custody or parenting time order be modified?

Yes, if there has been a significant change in circumstances affecting the child’s best interests (e.g., a parent relocating, a change in a parent’s work schedule, or concerns about the child’s safety). The parent seeking modification must demonstrate to the court that the change is necessary and in the child’s best interest.

What if the other parent is denying me my court-ordered parenting time?

Denying court-ordered parenting time is a violation of a court order. You can file a motion for enforcement with the court, which may impose penalties on the non-compliant parent, such as make-up parenting time, fines, or even modification of the custody order in extreme cases.

Should I hire a lawyer if we are agreeing on custody arrangements amicably?

Yes. Even in an amicable situation, an attorney ensures your parenting plan is comprehensive, legally sound, and clearly outlines responsibilities to prevent future misunderstandings. They also ensure the agreement is properly filed with the court to become a legally enforceable order.

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