If you are going through a divorce, separation, or any other dispute, there are a few factors that can determine who can gain custody of the child. Ohio courts prioritize the best interests of the child in these decisions. However, each parent’s relationship with the child, their needs, and other aspects of the family’s situation are also factors in these decisions. Let’s examine what determines child custody in Ohio and how you can improve your chances of a favorable outcome.
Child Custody in Ohio
Like most states, Ohio has two types of child custody: physical and legal.
Legal custody gives a parent the right and responsibility to make major decisions about the child’s upbringing, such as their education, healthcare, and religious instruction. On the other hand, physical custody dictates where the child will live and which parent is responsible for their day-to-day care.
Both types of custody can be granted on a sole (one parent) or joint (both parents) basis. What determines child custody in Ohio? The primary focus of the court is the child’s best interests.
The Child’s Best Interests
Almost all states follow the best interests of the child standard for child custody. Under Ohio Revised Code (Section 3109.04), the court must put the child’s physical, emotional, mental, and social well-being above all else.
The court evaluates each case on an individual basis, taking into account the unique circumstances of the child and family. Along with the best interests of the child, there are other factors that will be taken into consideration.
Child’s Relationship with Each Parent
The court will see how the child interacts with each parent. During this time, they will assess which parent has been more involved in providing care, support, and day-to-day activities. If one individual has been more involved in the child’s upbringing, the court may lean towards awarding them more custodial rights.
Child’s Wishes
Sometimes, the court may take the child’s wishes into the decision. However, this will only happen if the child is mature enough. While there is no specific age, judges give more weight to the preferences of older children, such as those aged 12 and older. Keep in mind that the child’s wishes are not always considered.
Parental Cooperation
Along with that, the willingness and ability of each parent to nurture and build a healthy relationship is another factor. Courts favor parents who want to work together. If one parent attempts to alienate the child from the other or demonstrates a lack of cooperation, this could negatively affect custody rights.
The Parent’s Living Situation
The stability and safety of the child’s home environment is important to these decisions. If one parent can provide a more stable and secure living arrangement, this may influence the court’s decision in their favor. Also, the proximity of each home to the child’s school and activities is a factor. The court does not want to make decisions that could drastically affect the child’s routine and ability to maintain relationships with friends and family.
Parent’s Mental and Physical Health
The courts never want to put the child in danger. For that reason, each parent’s mental and physical health is evaluated. If the parent has a history of mental illness, substance abuse, or health problems, it could impact their ability to care for the child.
Criminal Record or History of Abuse
Along those same lines, if a parent has a criminal record or a history of domestic violence, child abuse, or neglect, the court assesses this factor as well. Once again, the courts do not want to put the child in danger, and they will be unlikely to grant custody or unsupervised visitation rights to someone with a history of criminal acts.
Child Custody in Ohio
What determines child custody in Ohio? The courts make these decisions based on the best interests of the child. Along with that, they will evaluate several other factors to protect the child’s well-being.
If you have questions about a potential child custody case, the team at Axelrod Law Office in Lake County, OH, is ready to help. Call our office at (440) 271-8126 or submit a contact form to schedule a free, confidential legal consultation.