Either parent may be awarded custody, and the court shall not give preference to a parent because of that parent's financial status or condition. The court may allocate the parental rights and responsibilities for the care of the children primarily to one of the parents, designate that parent as the residential parent and the legal custodian of the child, and divide between the parents the other rights and responsibilities for the care of the children, including, but not limited to, the responsibility to provide support for the children and the right of the parent who is not the residential parent to have continuing contact with the children. 

        Section 3109.04(F)(1) of Ohio Revised Code lists the factors that the court shall consider in determining the best interest of the child. They are:

        (a) The wishes of the child’s parents regarding the child’s care;

        (b) 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;

        (c) 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;

        (d) The child’s adjustment to the child’s home, school, and community;

        (e) The mental and physical health of all persons involved in the situation;

        (f) The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights;

        (g) 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;

        (h) 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 either parent, in a case in which a child has been adjudicated an abused child or a neglected child,             previously has been determined to be the perpetrator of the abusive or neglectful act that is the basis of an adjudication; whether either parent or any member of the                     household of either parent previously has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code or a sexually oriented offense involving a             victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding; whether either parent or any             member of the household of either parent previously has been convicted of or pleaded guilty to any offense involving a victim who at the time of the commission of the                     offense was a member of the family or household that is the subject of the current proceeding and caused physical harm to the victim in the commission of the offense;                 and whether there is reason to believe that either parent has acted in a manner resulting in a child being an abused child or a neglected child;

        (i) 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;

        (j) Whether either parent has established a residence, or is planning to establish a residence, outside this state.

 

       The parent with custody controls decisions pertaining to the child's education, religious upbringing, and health care. Courts have the option of choosing one of several types of custody.

      We can help to

•       Obtain  or retain Custody of your child
•       Draft Shared Parenting  Agreement
•       Draft Visitation Plan that benefits you

Frequently Asked Questions