What to Expect in a Child Custody Dispute
Ohio courts generally prefer to order an equal allocation of parenting time, absent circumstances showing the need for a different arrangement. A common misconception is that courts grant custody to mothers instead of fathers by default, but in reality the Supreme Court has ruled that presumptions based on the parent’s gender are unconstitutional and cannot be enforced. If you’re going through custody and visitation proceedings in Ohio, there are some standards that you can expect the court to follow in typical parenting situations.
The most important determination for the court to make in any dispute involving children is the “best interest of the child” based on factors, outlined in R. C. Section 3109.04(F), such as the child’s adjustment to each household, their relationship with the parents and siblings, the mental and physical health of the parties, the child’s wishes, and more. Courts have very broad discretion to make custody decisions based on these factors and any other factors impacting the child’s wellbeing.
The court may choose to grant “joint custody” through a Shared Parenting Plan in situations where the parents are capable of communicating and placing the child’s interests above their own differences. When the parents are capable of coming to an agreement as to their parental rights, the child’s living arrangement, and the visitation schedule, then the court will typically abide by their agreement. In the absence of an agreement between the parents, the court must allocate custody rights based on the factors discussed above. If one parent is granted custody, the other parent will almost always have substantial visitation rights. Visitation is only denied to a parent when there is significant evidence that visitation would pose a serious risk of danger to the child due to abuse, violence, drug-use, or neglect.
Most counties, including Tuscarawas County, have a Standard Parenting Order which the court will use unless the parties come to an agreement on a different schedule or present evidence that another arrangement is necessary. The schedule varies depending on the age of the children involved.
If there is disagreement between the parents regarding custody, the court may also appoint a guardian ad litem who will conduct an investigation and write a report for the court analyzing how each household provides for the needs and wellness of the child. The court may also interview the children in private to determine their thoughts and wishes. Ultimately, the court will consider the evidence put forth by each party to decide what arrangement will be in the best interest of the child. Your attorney can help you create a Shared Parenting Plan or a proposed parenting order for the court to consider adopting. If both parents submit conflicting proposed parenting orders, then the court has discretion to grant either order or adopt one that it deems appropriate.
Once an order is made by the court pertaining to custody and visitation, there are also mechanisms in place to ensure that both parents are complying with the order. One mechanism is a system that allows the parents to call and message each other through an app which monitors their communications and allows the courts to access those communications in a future dispute. A parent who violates the parenting order can be held in contempt of court, resulting in penalties such as fines, new orders, or even jailtime. Additionally, custody and visitation orders can be altered by the court upon a showing by one or both parties that there has been a significant change of circumstances regarding the best interest of the child. If such a change in circumstances can be proven by substantial evidence, the court has continuing discretion to alter the arrangement as necessary to serve the child’s needs.
Contact us today for assistance with your child custody and visitation dispute.
