What is the difference between residential custody and legal custody?

Residential custody gives the parent the right to determine where the child lives. Legal custody gives parents the right to make legal, medical, and educational decisions for the child.

How does Shared Parenting work?

When the court awards Shared Parenting it will name a Residential Parent (usually the person the child spends the most time living with, and who has physical custody). In some cases both parents can be named as residential parents. Both parents can share some or all of the rights to make legal decisions.

Shared Parenting does not necessarily mean an exact 50/50 schedule of parenting time. This means that parents can have Shared Parenting regardless of the exact schedule.

What is sole custody of a child?

Sole custody means one party is the residential parent and legal custodian, and that only the named party may make decisions about where the child lives, along with all legal, medical, and educational decisions. It does not necessarily mean the other parent will not have any rights to make decisions or to have input into a visitation schedule.

What is a temporary child custody order, and how does it work?

An emergency temporary child custody order (also known as an ex parte custody order) would be issued only when there is clear and present danger or irreparable harm to the child. Unless one is issued the parents have the right to determine where the child lives. A parent acting as though he or she should parent alone and actively attempting to keep the child from the other parent can weaken his or her case later, if there are no grounds for emergency child custody orders or protective orders.

How do Ohio courts decide custody?

In Ohio, if the parents are not married then by statute the Mother is residential parent and legal custodian of the minor child. The Father must file a Complaint to Allocate Parental Rights and Responsibilities in an Ohio Common Pleas Court to establish custody. You and your ex may reach an amicable agreement that serves the best interests of your child and can settle the issues by signing the agreement and presenting it to the Court. In most cases an agreement is ideal, because the two people who are most intimately familiar with the child(ren) and with the family situation can craft an arrangement that works for them.

The parties only go in front of a judge for trial if they cannot reach an agreement. At that point, a judge who will only get a brief glimpse of your family and child will be doing his or her best to decide what is in your child’s best interest.

How can I maximize my chances of winning my Ohio child custody case?

Focus less on how the other parent is a bad parent, and focus more on what you offer. Focus on what you have done to care for your child. Have you gone to medical appointments? Do you attend school events? Do you read to the child at night? Do you do activities or hobbies with the child? These are some examples of things that you can and probably should bring to the judge’s attention.

Are Ohio judges biased against fathers in child custody cases?

Not necessarily. Judges are more inclined to grant Residential Parent Status to the parent who has been the primary caretaker. That refers to the parent who routinely gets up and takes the kids to school, gets them dressed and cleaned, feeds them, manages their events, brings them to their medical appointments, helps with their homework, meets with their teachers, and so on.

Often, but not always, that person is the mother. When it is the father, the father will have the stronger case for becoming the Residential Parent.

What makes a parent unfit for child custody?

This means that a parent is or will significantly impair the child’s physical health or emotional development. Of course, the reasons for parental unfitness can vary. A drug or alcohol problem may render a parent unfit, as can a severe mental illness, or an established pattern of abuse or neglect.

How do allegations of abuse affect a child custody case?

It depends on how well you and your lawyers handle the allegations. If you are the accused you will want to focus on rebutting or disproving those claims. You will want to have some witnesses who know you well. There may be an investigation. It is in your best interests to cooperate.

If you are the accuser, you will need to share with your attorney any photographs, medical records, or police reports that help establish a pattern of abuse. Many people allege abuse to get ahead in court. In the absence of any evidence or a failure to meet the burden of proof, those claims may be dismissed, and the efforts may backfire.

Other Questions?

Contact R. A. Parish Law, LLC at 614-407-0443 today to discuss your family’s  unique situation.