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Several factors can affect child custody in Columbus, Ohio, and local nuances in Columbus can create complications if you are not prepared. Here’s a guide to help secure or preserve child custody in Franklin County.
When you’re going through a divorce in Columbus or need to create boundaries or expectations with your children’s other parent, you need to develop a custody plan that will explain where the children will stay and when, who gets to make major decisions for your child, how expenses, including child support, will be handled, who gets to claim the children for tax purposes, who has access to school and medical records, who is responsible for transporting the child, how extracurricular activities will be decided, and other important considerations.
Gavvl Law’s Columbus custody lawyers can help craft a plan that not only ensures compliance with local rules and requirements, but also helps make your parenting plan clear and enforceable to help you avoid having to go back to court in the future.
There are two types of custody arrangements in Ohio – sole custody and shared parenting. Understanding what they mean (and do not mean) is essential in determining what is in your child’s best interest.
1. Sole Custody: Sole custody means that one parent is designated as the child’s legal custodian and residential parent. Legal custody is what grants a parent the authority to make major decisions for the child – such as where the child goes to school, what type of medical treatment the child receives, and what religion the child follows. In sole custody arrangements, one parent has exclusive authority to make major decisions. The input or agreement of the other parent is not required. This does not mean the other parent is not involved. Often times, the non-custodial parent still has court ordered parenting time and has access to the child’s school and medical records.
2. Shared Parenting: Shared parenting is Ohio’s term for joint or shared custody. This means that both parents are the child’s legal custodian and residential parent – meaning that they have equal authority to make major decisions for the child and are expected to work together when making them. Because both parents are the child’s residential parent, one parent must be designated the residential parent for school purposes. This does not grant that parent any additional authority it rights, it simply designates which parent’s address will be used for school enrollment purposes. Ohio courts favor shared parenting where feasible.
You and your child’s other parent will need to create a fair plan for your children’s wellbeing. A magistrate or judge will determine if the plan is in the child’s best interest, or order you to make changes before giving their approval. The approved plan will go into effect and become enforceable.
Because this is a court order that must be followed, it’s important that both parents fully understand the terms. A skilled Gavvl Columbus custody lawyer can help with negotiations to ensure that your wishes are communicated clearly and that you fully understand your parenting plan.
Child support calculations are one of the most misunderstood areas of child custody overall.
Child support can be confusing, but an experienced Gavvl Law attorney can help make things clear.
More: Child Support Attorneys in Columbus, OH
Child custody arrangements may need to be modified because you’ve experienced significant changes in your life. Ohio courts will consider modifications to child custody only if there’s been a substantial change in circumstances since the existing order was put in place and if the modification is in the child’s best interest.
Determining what qualifies as a substantial change in circumstance can be confusing, but a qualified custody attorney can help ensure that your situation meets this standard. A court cannot grant a custody modification, absent a mutual agreement, unless both of these factors have been met.
The court can enforce its terms once you have a standing child custody agreement. If either parent chooses not to follow the ruling from the court, a magistrate or judge can hold them in contempt and punish them accordingly. It’s critical to remember not to take these matters into your own hands — our Columbus custody lawyers can help you determine the right course of action.
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The judge overseeing your case will make decisions in your children’s best interests. That means they will examine you and your partner’s circumstances, living arrangements, criminal history, and employment record.
Some judges may ask your children their personal preferences, but these will be tempered by the other factors discussed above.
No, Ohio courts do not favor one parent over the other based on gender. Custody decisions are made based on the child’s best interests, with equal consideration given to both parents.
Ohio law rules that parents have a right to see their children unless they pose a threat to their wellbeing. If you are paying child support, you have a right to spend time with your children. The specifics should be discussed with your child custody attorney.
Also called ex parte orders, these custody orders rule that one parent should have sole custody of a child. They are ordered in emergencies, like if the child has been abandoned by a parent or if they’re in danger because of a parent’s substance abuse. These orders can be temporary and lead to more permanent custody arrangements.
Yes, grandparents can petition for custody or visitation rights in Ohio under certain circumstances. The court will consider the best interests of the child when deciding whether to grant these rights.
Relocating out of state typically requires modifying your custody agreement, especially if the move affects your current arrangement. Ohio courts will consider whether the move serves the best interests of the child before approving any modifications.
After your initial consultation with a child custody attorney, you’ll get a clear quote for their services and can discuss payment options if needed. Once you pay the invoice, you’ll quickly receive a Client Agreement to sign online. Your custody attorney will contact you soon after to start working on your case.
Throughout the process, Gavvl provides thorough support and real-time updates, so you’ll always stay informed and confident.
Our child custody attorneys serve clients throughout Central Ohio, including:
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