In an action for divorce, dissolution or legal separation when children are involved the process becomes increasingly difficult. A child’s welfare should be top priority, unfortunately, that is not always the case. Many parents let their emotions get in the way of what is in the best interest of their children in a custody battle. The attorneys at The Meranda Law Firm can help you make informed decisions about the custody arrangements that would be in both you and your child’s best interest.

Child Custody
Child custody is based on several factors. When determining the allocation of the parental rights and responsibilities for the care of the children, the court must take into account what would be in the best interest of the child. The court also considers the wishes of the child, the wishes of the parents, the child’s interaction with his parents and siblings, the child’s adjustment to home, school, and community, and various others factors.

If the parents cannot agree on custody, the court may determine the best type of child custody outcome for your case in either of the following ways:

• Residential Parenting / Sole Custody – The courts may allocate the parental rights and responsibility for the care of the child primarily to one of the parents, designating him/her as the “residential parent” and legal custodian of the child. In a residential parenting situation, one parent has primary custody and control of the child, and the other parent, the non-residential parent is entitled to designated visitation rights.

• Shared Parenting – The courts may issue a shared parenting order requiring the parents to share all or some of the physical and legal care of the child. In a shared parenting situation, both parents, regardless of where the child is physically located or with whom the child is residing at a particular point in time, are designated the "residential parent and legal custodian” of the child. This concept involves joint-decision making on the major decisions of the child’s upbringing, and neither parent has more rights then the other. Shared parenting does not necessarily mean equal time each parent spends with the child.

Visitation
When a parent is awarded physical legal custody of a child, the other parent is usually entitled to visitation rights; this is typically referred to as “parenting time.” Each County in Ohio has a “standard parenting time schedule,” which is used as a starting point by courts in setting parenting time schedules for the cases in those jurisdictions. However, a court may order an alternate parenting time schedule that varies from the standard schedule upon agreement of the parties. Any award of child custody or visitation is subject to future modification. A custodial parent’s interference with the visitation rights of the other parent may trigger a court contempt action against that parent. 

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