Child Custody Lawyers in Columbus, Ohio
All parents going through a divorce are concerned about one thing over all others: losing the relationship they have with their children.
The No. 1 concern is custody – which parent the child will live with most of the time. Parents worry about not getting sufficient child support, or having to pay an unreasonably high figure. Visitation and relocation are major concerns. Parents in some situations worry that their children will not be safe in the other parent’s care.
Types of Child Custody in Ohio
Child custody refers to the rights and responsibilities of each parent with regard to their child. There are two categories of child custody:
- Physical custody: Where the child resides. In situations where one parent has sole physical custody, the child will live with only that parent. In situations where parents share physical custody jointly, the child will divide his or her time between both of their residences.
- Legal custody: The right to make major decisions regarding the child’s life. Examples include the child’s education, religion, community activities and medical treatment. Parents may share legal custody, or one parent may have sole legal custody.
Parents can share one or both of these types of custody. For example, even if one parent has sole physical custody, they may share legal custody with their child’s other parent. In this situation, the child would only live with one parent, but both parents would share the right to make important decisions for their child.
Ohio does not have a regulation that instructs family law courts to prioritize joint physical and legal custody. However, most judges try to do so whenever it is in the best interests of the child. In situations where domestic abuse, neglect, substance abuse and severe mental illness may harm the child, the court may decide to award sole custody.
Why Choose an Ohio Child Custody Lawyer from Mowery Youell & Galeano?
- Personalized attention to your unique needs:
Rather than treating you as just another case number, Mowery Youell & Galeano, Ltd., prioritizes understanding your specific situation and goals. Each client receives individualized strategies tailored to their circumstances, whether navigating a straightforward dissolution or a complex high net worth divorce. - More than 40 years of proven experience:
The firm’s decades of practice in Ohio family law means the attorneys have encountered virtually every scenario that can arise in divorce and related matters. This extensive experience translates to knowledgeable guidance and effective problem-solving when unexpected challenges emerge. - Strong reputation built on referrals:
Most clients come to Mowery Youell & Galeano, Ltd., through personal recommendations from satisfied former clients, friends and colleagues. This referral-based practice demonstrates consistent quality representation that earns trust and delivers results worth recommending to others. - Focus on minimizing turmoil:
Mowery Youell & Galeano, Ltd., understands that family law matters represent some of the most stressful times in people’s lives. The firm’s approach emphasizes building bridges over difficulties rather than creating additional conflict, helping clients move forward with their lives as smoothly as possible. - Comprehensive service for all family law needs:
From initial divorce filings through post-divorce modifications, Mowery Youell & Galeano, Ltd., handles every aspect of family law. This full-service approach means you can work with attorneys who already understand your case history if future issues arise.
How Can Parents In Ohio Establish Child Custody?
For unmarried parents, the first step in establishing child custody is often establishing paternity. This legally names the father of the child. Without taking this step, only the mother has legal and physical custody of the child.
When the law recognizes both parents, they can take steps to create a custody plan. They can either decide together how they will handle physical and legal custody, or they might have to let the court decide if they cannot agree.
If the parents need court involvement, either parent can start the legal process by filing a custody motion. In this situation, they will need to attend hearings and present evidence. In this case, the court will decide what arrangement will best support the child’s needs.
Factors Courts Consider When Creating Shared Parenting Plans
If the parties do not agree on a shared parenting plan, the court may adopt the shared parenting plan proposed by one of the parties.
Under a shared parenting plan, both parents are deemed custodial parents of the children. However, one parent must be designated the residential parent for school placement purposes.
The shared parenting plan must reflect the best interests of the children as decided by the court. To determine whether shared parenting is in the best interests of the child or children, the court will consider all relevant factors, including, but not limited to:
- The ability of the parties to cooperate and make decisions jointly with respect to the children
- The ability of each parent to encourage the sharing of love, affection and contact between the children and the other parent
- Any history of or potential for child abuse, spouse abuse, other domestic violence or parental kidnapping by either parent
- The geographic proximity of the parents to each other, as that relates to practical considerations of shared parenting
- The recommendation of a guardian ad litem, if one is appointed by the court
How Do The Courts Determine What Is In The Best Interests Of The Children?
If the parents do not agree on the custody of their children, the court will make a determination of the best interests of the children by considering the following factors:
- The wishes of the child’s parents regarding his or her care
- The wishes of the child, in some situations
- The child’s interaction and interrelationship with parents, siblings and any other persons who may significantly affect the child’s best interests
- The child’s adjustment to home, school and community
- The mental and physical health of all persons involved in the situation
- The parent more likely to honor and facilitate visitation and companionship rights approved by the court
- Whether either parent has failed to make all child support payments
- Whether either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child
- Whether either parent has continuously and willfully denied the other parent his or her right to visitation in accordance with an order of the court
- Whether either parent has established a residence or is planning to establish a residence outside Ohio
Custody And Child Custody Support Issues Are Often Contentious
Our goal as your child custody lawyers is to help you obtain an agreement that meets your needs and also the best interests of your children.
Although children will reside primarily with one parent, most courts prefer a shared parenting arrangement that is as close to 50-50 as possible. Obviously, this arrangement will not work if one parent has alcohol or drug problems or a history of physically or emotionally abusing a child.
Creativity and experience play important roles when crafting a shared parenting plan. Each parenting plan is unique, and a good lawyer will probe to understand what is most important to you.
Our Ohio family law attorneys have extensive experience negotiating parenting plans. We frequently work with court-appointed guardians ad litem in contested child custody situations.
Talk to an Ohio Child Custody Lawyer Today
For more information, contact an attorney at Mowery Youell & Galeano, Ltd., or call us at 614-467-4923. From our office in Dublin, we represent clients in child custody and support cases throughout the Columbus metro area and central Ohio.
Explore Related Child Custody & Support Resources
How do different child custody arrangements affect child support?
The way you and your co-parent handle child support is one of those implications. Understanding how different child custody arrangements influence child support can help parents navigate this challenging situation.
How do Ohio courts calculate child support?
When it comes time for divorced, separated or unmarried parents to determine how much the noncustodial parent should pay in child support, Ohio law tries to balance the children’s needs with the parent’s ability to pay. There is a formula that family courts use to come up with a child support dollar figure.
Is child support ever too much?
Most people are not aware that unless the parents come to an agreement about the amount, they have little say over how much will be awarded if the courts get involved, since courts use a formula set forth in guidelines that vary from state to state.