Dayton, Ohio Child Custody Attorneys
Historically, children of divorcing parents were treated as trophies to be awarded to the victorious parent at the end of an often long and acrimonious courtroom trial; hence, the coined phrase “custody battle.” Then, the matter of a child’s custody preference carried little weight. Neither did the issue of which outcome might be in that child’s best interest. Today, however, Ohio’s child custody laws serve to protect innocent offspring from being used as pawns by their parents. Regardless of whether divorcing parties behave amicably or belligerently during the process, Ohio’s child custody laws are in place to protect the children. The divorce lawyers at Fox & Associates Co., L.P.A. can provide valuable guidance regarding child custody law.
What is in the best interest of the child?
Ohio residents who wish to participate in the physical and legal care of their children together must issue a shared parenting order, which considers many factors, including the following:
- The wishes of the child
- The parents’ wishes for the child
- The parents’ residences
- The mental and physical health of the involved adults
- The child’s adjustment to the home and community
- The ability of the parents to cooperate and make joint decisions
Chapter 3109 of Ohio’s Domestic Relations Code spells out exactly what the courts must consider when reaching child custody decisions for Dayton and other Ohio residents. When seeking sole custody of your child, keep in mind that if you are agreeable to allowing your child to have an ongoing, healthy relationship with your ex-spouse, the court is more likely to grant you sole custody. Parenting plans that reflect agreement between the parents on residence and visitation issues are looked upon favorably. These arrangements are usually approved as long as the terms are in the child’s best interests and both parents remain involved. Even if other aspects of your divorce are hotly contested, it’s best to make an authentic effort to find consensus on custody issues.
Types of custody
The legal and practical relationship between a parent and child includes the rights of the parent to make decisions for the child and the duty to care for the child. This relationship can be categorized in the following ways:
- Joint custody allows both parents to share physical and legal custody.
- Joint legal custody refers to both parents sharing responsibilities for and making decisions concerning the physical and emotional health, welfare, and education of the child.
- Joint physical custody allows each parent to have periods of physical custody.
- Sole legal custody allows one parent to have the responsibility to make decisions concerning the health, welfare and education of the child.
- Sole physical custody permits the child to live with and to be under the supervision of one parent. The other parent is given specifically outlined visitation rights.
Modification of custody orders
A remarriage, firing or medical issue might make it difficult or impossible to meet the obligations in the child custody order. In these situations, it’s often best to agree to appropriate changes through negotiation and then to submit the parenting plan modification to the court. Sometimes, however, this process fails and a parent must seek the adjustment despite the co-parent’s disapproval. To secure a modification, a substantial and unforeseen change must be demonstrated. The process can take quite a while, but it is necessary to handle these issues formally rather than risk violating the existing order. If you’re looking for a modification or opposing one, we can assert your rights and assess what the outcome is likely to be.
More than ever, people’s circumstances can quickly change and compel them to move to a distant location. Of course, these relocations can sharply affect the fairness and feasibility of an existing custody order. Whether the move is spurred by a job transfer, an ailing relative or some other valid reason, our firm will advise you of your options and the relevant legal standards. If a noncustodial parent who is remaining in the area objects to the move, the court will examine various factors to see if the relocation is in the young person’s best interests. We represent both petitioners and objecting parents in these matters and always work toward a resolution that minimizes disruption and averts problems that can arise when a parent bypasses the terms of the order. Our skilled Dayton child custody attorneys can advise you on legal matters concerning child support, custody and guardianship.
Contact an experienced Dayton child custody attorney
The current child custody laws of Ohio are in place to protect your family interests. Fox & Associates Co., L.P.A. provides compassionate counsel on all matters of family law to our clients throughout Ohio. To schedule a consultation, please call us at 937-258-3668 or contact us online.