Child Custody & Visitation

Columbus, Ohio, Child Custody Lawyer

Any divorce involving children can be difficult. It is the responsibility of every parent to limit the adverse effects of divorce on their children. If you are getting a divorce or if you are a single parent, you may have to share the financial and parental responsibilities for the child(ren). What this means in most cases is that you will need to develop a co-parenting relationship. Even if you and your spouse initially agree on the terms of child custody and parenting time, it is important to understand fully your parental rights and responsibilities in order to navigate properly through a custody proceeding and to prepare for the future. There are two types of custody arrangements - sole legal custody and residential parental rights vested with one parent; and shared parental rights with equal parental rights between the parents. In both instances, one parent will need to be designated the "residential and school placement parent" for the child(ren).

What are the best interests of a child?

When determining the appropriate custody arrangement, the courts are required to use the best interest standard. Under Ohio statutory law, the best interests of the child include such things as a parents willingness to facilitate and promote the parenting time with the other parent; the child's relationship with each parent; the child's familiarity with the living arrangements; any physical or psychological challenges affecting the child or a parent; the living environment of the child. These are simply a few of the considerations that the court must determine whether a particular parenting / custody arrangement is in the child's best interest. However, the "best interests" of a child is a huge umbrella and considers the many factors affecting the child's well being.

Generally, the court's preference is for shared parenting, wherein both parents cooperate with one another, each having equal say in the major decisions affecting the child. The court encourages and seeks cooperation between the parents. It is very difficult for the court to order full or shared custody to a parent who refuses to cooperate in with the other parent or attempts to alienate the child from the other parent. In rare cases, a judge will meet with the child without the parents being present to help decide the child's best interests. Additionally, in contested custody matters it is not uncommon for the court to appoint a Guardian ad Litem (a legal representative for the child) to represent the child in the legal proceeding. The costs of the Guardian are borne by the parties. Even if shared parenting is ordered, it does not automatically result in a strict fifty-fifty parenting time with the children. Rather, shared parenting pertains to the parties' legal rights and responsibilities as to the care of the child.

Visitation/parenting time

Unless there are extenuating circumstances deemed not to be in the child's best interests, i.e. a parent has a drug or alcohol abuse problem, sexual abuse, violent tendencies or some other issue, the court will usually award reasonable parenting time to a noncustodial parent based on the belief that it is in the child's best interests to maintain a close relationship with both parents. As a divorce lawyer, I work hard for clients who are noncustodial parents and ensure that the court has all of the relevant information necessary to best protect a parent's relationship with the child. Child custody issues are very fact dependent. As a result, it is necessary to investigate fully the factors that will be used by the court in determining the best interest of the children.

Custody, child support, alimony and marital property

Ohio law does not consider the economic status of a parent to be a factor in determining custody. However, if a parent is living in unsuitable housing or is unable to provide the child basic necessities such as food, warmth, cleanliness, etc., such factors will likely be considered in determining the best interests of the children. It is important to meet with an experienced divorce lawyer early on in the proceedings so that you can best protect your relationship with your children. You will then be able to prepare the best way to demonstrate that you are able to care for your children. As your attorney, I will do my best to see that the terms of custody, child support, alimony and division of assets are coordinated to provide you with the strongest benefit possible during custody proceedings.

If you would like to speak with me about child custody, including modification of a custody order, please call (614) 461-5708 or e-mail my Columbus, Ohio, office for a free consultation. I accept credit cards, and can meet with clients at out-of-office locations on evenings and weekends. As your attorney, I will see that you have all of the information you need to make an informed decision with confidence.

Dirk D. Winkler, Columbus, Ohio, Family Law Attorney