Understanding Child Custody in Ohio: A Clear Guide for Parents

Child custody in Ohio is often misunderstood. Many parents assume custody is automatic, tied to child support, or determined solely by marital status. In reality, Ohio custody law is structured, nuanced, and highly dependent on how and when a child is born, whether paternity has been established, and what arrangement serves the child’s best interests.

Understanding how custody works—from legal decision-making to parenting time and child support—can help parents avoid confusion and make informed decisions early in the process.

Children Born During a Marriage: When Paternity Is Assumed

In Ohio, when a child is born during a marriage, both spouses are presumed to be the child’s legal parents. This presumption also applies when a child was conceived before the marriage but born during the marriage.

Because paternity is legally presumed, both parents immediately have standing to request custody and parenting time if the relationship ends. No separate action to establish paternity is required before the court can address custody, parenting time, or child support.

Children Born Outside of Marriage: Custody by Default

Custody operates very differently when parents are not married.

Under Ohio law, the mother of a child born outside of marriage is the child’s legal custodian by default. She has full legal custody unless and until a court orders otherwise.

A father—even a biological father—does not have enforceable custodial or parenting rights until paternity is legally established. Until that occurs, the court cannot grant parenting time or custody to the father.

Establishing Paternity in Ohio

Before an unmarried father can formally request parenting time or custodial rights, paternity must be established. This may occur through:

• A properly executed Acknowledgment of Paternity, or

• A court order establishing paternity

Once paternity is established, the father gains legal standing to request custody and parenting time. Importantly, establishing paternity will automatically trigger a child support order through the Child Support Enforcement Agency (CSEA), even if custody and parenting time have not yet been fully determined.

The Four Building Blocks of Custody in Ohio

Ohio custody law is best understood by breaking it into four distinct—but related—components.

1. Legal Custody (Decision-Making Authority)

Legal custody determines who has authority to make major decisions for a child, including decisions about:

• Education

• Medical and mental healthcare

• Religious upbringing

Legal custody does not determine where the child lives or how parenting time is divided.

2. Sole Custody vs. Shared Parenting

Ohio recognizes two primary legal custody structures:

Sole Custody
One parent has exclusive decision-making authority. However, sole custody does not eliminate the other parent’s right to parenting time.

Shared Parenting
Shared parenting is Ohio’s term for joint custody. Under a shared parenting plan:

• Both parents have equal decision-making authority

• Both parents are legal custodians

Shared parenting focuses on shared authority, not necessarily equal parenting time.

3. Residential Parent Status

Residential parent status determines where the child primarily lives.

• In sole custody cases, the custodial parent is also the residential parent.

• In shared parenting cases, both parents are typically designated residential parents.

However, in shared parenting cases only, the court usually designates one parent as the residential parent for school purposes. This designation:

• Does not grant additional custody rights

• Does not give one parent greater authority

• Exists solely to establish a school enrollment address

4. Parenting Time

Parenting time refers to when the child is physically with each parent. Importantly, parenting time does not depend on the custody arrangement.

For example:

• Parents may have equal parenting time even when one parent has sole custody

• Parents may have unequal parenting time under shared parenting

Ohio courts focus on a schedule that serves the child’s best interests. Many courts rely on standard parenting time schedules, but parents may agree to a customized plan or propose one for court approval.

Child Support in Ohio: What Parents Often Get Wrong

One of the most common misconceptions is that custody determines child support. In Ohio, custody arrangements—sole or shared—do not control child support calculations.

Child support is calculated using Ohio’s statutory child support guidelines, which are primarily income-based.

What a Child Support Deviation Means

A deviation means the court orders a child support amount that is different from the guideline calculation.

Ohio law allows a 10% deviation when the paying parent (the obligor) has between 90 and 146 overnights per year. This does not mean support is automatically reduced. Instead, it means the court may consider whether a deviation is appropriate based on the facts of the case.

Any deviation must be:

• Supported by statutory factors, and

• Clearly explained in the court’s order

Cash Medical Support and Government-Provided Health Coverage

Cash medical support applies when health insurance is not available or not reasonable. However, when a child is enrolled in Medicaid or another state or government-provided health program, cash medical support is generally not paid to the other parent.

Instead:

• The court may order cash medical support payable to the state, or

• The court may waive cash medical support if permitted by law

Cash medical support is designed to help offset medical costs when private insurance is unavailable—not to duplicate government benefits.

How Child Support Must Be Paid

In Ohio, court-ordered child support is paid through the Child Support Enforcement Agency (CSEA).

Payments made directly between parents—outside of CSEA—are considered gifts under Ohio law and do not count toward a child support obligation, even if both parents agree.

This is a critical issue. Parents who pay directly risk being found in arrears despite having made payments. To receive credit, support must be paid through CSEA as ordered.

Can Parents Agree to a Different Support Amount?

Parents may agree to a different child support amount only when permitted by law. Any agreement must:

• Be supported by statutory deviation factors, and

• Be clearly defined in the parenting plan or shared parenting plan

Courts will not approve informal or unsupported agreements that conflict with Ohio’s guidelines.

Custody in Ohio Is About Structure, Not Labels

Ohio custody law does not rely on informal labels like “primary parent.” Instead, it uses defined legal concepts that address:

• Decision-making authority

• Residence

• Parenting time

• Financial support

Understanding how these components work together helps parents approach custody matters with realistic expectations and fewer surprises.

Need Help Navigating Custody or Child Support in Ohio?

At Gavvl Law, we help parents across Ohio understand custody, parenting time, and child support—and how each piece fits together. Whether you are married, unmarried, establishing paternity, or modifying an existing order, clear guidance matters.

Contact Gavvl Law at 380-205-3997 or schedule a consultation now to discuss your situation and learn how Ohio law applies to your family.