Child Custody and Parenting Time in Ohio
Decisions about your children are often the hardest part of a divorce or separation. When parents can agree on a plan and help the children adjust, everyone benefits. When they cannot agree, the court decides. Attorney Christopher Fogt and his staff help parents in the Dayton area understand how Ohio courts approach custody and parenting time and what to expect along the way.
How Ohio Law Describes Custody
Ohio law does not use the terms "sole custody" and "joint custody" the way many people expect. Under Ohio Revised Code 3109.04, the court makes an allocation of parental rights and responsibilities for the care of the children. There are two main approaches:
- Residential parent and legal custodian. The court allocates parental rights and responsibilities primarily to one parent, who is named the residential parent and legal custodian. The other parent usually receives parenting time.
- Shared parenting. Either or both parents may ask the court for shared parenting by filing a proposed shared parenting plan. If the court approves a plan, both parents share parental rights and responsibilities as the plan describes, including how decisions are made and where the children live at different times.
In either case, the court's decision is based on the best interest of the child, and the court may not favor a parent because of that parent's financial status. Read about the factors Ohio courts consider in deciding the best interest of the child.
Parenting Time
When one parent is the residential parent, the court generally must make a just and reasonable order giving the other parent parenting time, and the final decree must include a specific schedule (R.C. 3109.051). Whenever possible, the order should allow both parents frequent and continuing contact with the child, unless that would not be in the child's best interest.
Many courts have a standard or local parenting time schedule that serves as a starting point, including the Montgomery County Common Pleas Domestic Relations Division and the Greene County Domestic Relations Court. Parents can agree to a different schedule that fits their work hours, the children's activities, and the distance between homes.
The Role of a Guardian ad Litem
In a contested custody case, the court may appoint a guardian ad litem (GAL). A GAL is usually an attorney who investigates on the child's behalf by meeting with the parents and children, talking with people important to the children such as grandparents and teachers, and reviewing school and other records. The GAL then files a report and recommendation with the court. When shared parenting is being considered, Ohio law lists the GAL's recommendation as a factor the court must consider (R.C. 3109.04(F)(2)). The court is not bound by the recommendation, but it often carries significant weight and can help parents resolve the case.
Attorney Fogt has served as a guardian ad litem in the past and is very familiar with how GALs work. He can help you prepare for the process. Be organized and honest, raise real concerns about the other parent with the focus on the children, and remember that it is normal and healthy to say good things about the other parent too.
Changing Custody or Parenting Time
Under R.C. 3109.04(E), a court will not modify an existing allocation of parental rights and responsibilities unless it finds, based on facts that arose since the prior decree or were unknown to the court at that time, that a change in circumstances has occurred and that a modification is necessary to serve the child's best interest. To change which parent is the residential parent, the court must also find one of the following:
- The residential parent (or both parents under shared parenting) agrees to the change
- The child, with that parent's consent, has been integrated into the family of the parent seeking the change
- The advantages of the change of environment outweigh the harm likely to be caused by the change
Parenting time schedules can also be modified when that serves the child's best interest. Learn more about post-decree issues.
Moving With a Child
If the residential parent intends to move to a residence other than the one listed in the parenting time order, that parent must file a notice of intent to relocate with the court that issued the order (R.C. 3109.051(G)). The court generally sends a copy of the notice to the other parent and may schedule a hearing to decide whether the parenting time schedule should be revised in the child's best interest. Talk with an attorney before you move.
Unmarried Parents
When parents were never married, custody and parenting time are usually decided in juvenile court rather than domestic relations court. If paternity has not been legally established, that is typically the first step before the father can seek parenting rights. The same best interest standards generally apply. Learn more about juvenile court cases.
How Custody Affects Child Support
The parenting arrangement can change child support. For example, when a court-ordered schedule gives the paying parent 90 or more overnights per year, Ohio reduces that parent's annual support obligation by 10 percent. Learn how Ohio child support is calculated.
Related Family Law Topics
Results in Custody Cases
Read about a case in which our client retained residential custody without a hearing. Past results do not guarantee a similar outcome in any future case.
Talk to Attorney Fogt About Custody
Attorney Fogt practices family law in Montgomery, Greene, Clark, and Warren Counties. He and his staff can explain your options, help you prepare a proposed parenting plan, and guide you through each stage of the case.
Talk to Attorney Fogt about your case. Call (937) 254-2600.
