If you have minor children, you will need to plan for them as part of your divorce or dissolution. As you think about what’s best for your children, it’s important to understand some of the key terms: custody, parenting time (also called visitation) and shared parenting. Once you decide what you’d like to ask for you will need to propose a parenting plan to the court.
Keep in mind that whatever custody arrangement you make doesn’t directly affect how child support works.
What is “custody”?
As part of your divorce or dissolution filing, you must include how you want custody to be awarded for your children. The court refers to this as “Allocation of Parental Rights and Responsibilities” because it’s about more than just who the child lives with.
In Ohio, there are 2 primary types of custody. There is “physical custody,” or who the child lives with, and “legal custody,” or who is responsible for making decisions related to things like school, religion and medical care for the child.
Both of these kinds of custody can be “sole” (assigned to one person) or “shared.” Shared legal custody is called “shared parenting.” Shared parenting is becoming more common. If you opt for shared parenting, remember that you and your spouse will be responsible for making these important decisions about your children together. It’s also important to remember that choosing shared parenting does not mean that the court will not order child support.
If sole custody is given to one parent, the other parent usually has “parenting time” (also called “visitation” in other states) — or the right to spend time with the child, including overnights
Standard parenting time schedule.
Each county’s court has created a standard parenting time schedule that shows when a child has time with each parent. You can ask for the standard parenting time schedule or propose your own schedule to the court.
If you and your spouse disagree about your proposed parenting time schedule, you will need to explain to the court why your schedule would be best for the child. For example:
- If it’s not safe for the child to have standard visitation with the other parent
- If the standard schedule would conflict with the other parent’s work schedule
- If you and the other parent live far away from each other
Creating a shared parenting plan.
In shared parenting, both parents share legal custody, meaning both parents make key decisions together about how to raise the child.
A child does not have to spend equal time with both parents for shared parenting. Instead, you should work together to suggest a plan that would work best for your child and your family.
For some parents, shared parenting sounds easier than it actually ends up being. You will need to agree on important decisions related to things like healthcare and education. Make sure that both you and your spouse are ready to raise your child together.
Changing Custody
In Ohio, “allocation of parental rights,” commonly called custody, is the legal right and responsibility to care for and make decisions for a child. If you have an existing custody order, you have to go through the court to change it. This process can take between 3 months and 2 years to complete, depending on your situation.
Unless the parents have a “shared parenting agreement,” in Ohio usually one parent is awarded custody and one parent is awarded visitation or “parenting time.” Changing the order for parenting time is different.
Requirements for Ohio Custody Change.
A court can only make changes to a custody order if you can show that:
- There has been a “change in circumstances” since the last custody order.
- There has to have been a change in the custodial parent or child’s life that has a direct, harmful impact on the child.
- Because of the “change in circumstances,” it is now in the child’s “best interest” that the custodial parent be changed.
- The move from one parent’s custody to the other has to cause more good than harm to the child.
If the court has already considered an issue, and there hasn’t been a meaningful change since the last order, it cannot be considered again.
Some types of changes that might justify a change in custody include new circumstances related to:
- Abuse or neglect of the child — this could mean that the child’s core needs like meals, safety, bathing and supervision are not being met
- Substance abuse
- Jail or criminal conviction
- Loss of job or income
Starting a custody change.
From start to finish, this process can take between 3 months and 2 years. To start a custody change, a motion must be filed in court. We will explain your proposed changes and why they meet the requirements above.
After a motion is filed, the court will schedule a hearing. You must go to the hearing, or else the court will likely rule in favor of the other parent. In Ohio, if you want to change an existing custody order, you have to go through the court.
At the hearing
If you and the other parent agree, you can both testify that you agree and why.
If you and the other parent don’t agree, you will need to present evidence to show that the child will be better off in your custody. The court will look at this evidence to determine the best interests of the child.
If the child is old enough, they can tell the court what they want. You can ask the judge to speak to the child alone in their office — that way the child can speak openly without you or the other parent hearing. The child is not allowed in the courtroom during the hearing. Make sure that you arrange for child care in advance.
Sometimes the court will decide it needs more information before a final ruling is made. In that case, a court can order an investigation. Some courts also offer mediation for custody disputes.
Changing Parenting Time
Once a schedule is set, it cannot be changed without a court order.
After a court makes an order for parenting time, it’s possible for your situation to change. You might get a new job with hours that overlap with your parenting time. Or your child could start a new after-school activity that happens during your parenting time. If there is a change like this that creates a problem with your old parenting time schedule, you can ask the court to change it. This process can take anywhere between a few months to 2 years.
Requirements for a parenting time change.
To get a parenting time order changed, you must show the court that:
- The existing schedule is no longer in the child’s best interest, AND
- A different schedule will meet the child’s best interest.
The court will consider several factors when considering parenting time changes:
- The distance between each parent’s residence
- The health and safety of the child
- The amount of time the child will spend with siblings
- The mental and physical health of all parties
- Each parent’s willingness to reschedule missed visitation and to help the other parent easily exercise visitation rights
- The age of the child
- The child’s adjustment to home, school and the community
Starting a parenting time change.
From start to finish, this process can take between 3 months and 2 years. To start a parenting time change, a motion must be filed. We will explain your proposed changes and why they meet the requirements above.
After the motion is filed, the court will schedule a hearing. You must go to the hearing. Otherwise, the court will likely rule for the other parent.
At the Hearing
At the hearing, you will need to explain all of the following to the judge:
- What has changed since the current schedule was issued
- Why that change interferes with the current schedule
- How the change would meet the child’s best interests
If you and the other parent agree, you can both testify that you agree and why.
If you and the other parent don’t agree, you will need to present evidence to show that it is in the child’s best interest to change the parenting time schedule.
The court will look at this evidence to determine the best interests of the child. Present your evidence to show that the change in custody meets the legal requirement of “best interests of the child.”
Your child will not be allowed in the courtroom during the hearing. Make sure that you arrange for child care in advance.
Contact the Ohio Child Custody Law Firm of Atkins And Atkins, Attorneys At Law, LLC
For more information, please contact Atkins And Atkins, Attorneys At Law, LLC to scheduel your free initial consultation with a child custody lawyer in Ohio today.
We proudly serve Franklin county and its surrounding areas:
503 S Front St Suite 203
Columbus, OH 43215
(614) 485-8248
Disclaimer: The information provided here is for general informational purposes only and does not constitute legal advice. It may not reflect the most current legal developments, and the content, information, and materials provided should not be relied upon for legal decisions.