Northeast Ohio Child Custody Lawyer

How Our Northeast Ohio Child Custody Lawyers Help Your Case

How To Get Custody Of A Child In Ohio

When the parents of a minor child get divorced, issues regarding who lives with the child and is responsible for them must be resolved. Historically, these issues were generally described by the term “child custody.” However, what was once known as “child custody orders” is now called “parenting orders.”

Courts tasked with allocating parental rights and responsibilities between divorcing parents must determine what parenting arrangement ultimately serves the best interests of the child.

In Northeast Ohio divorce cases, parenting orders may involve the following issues:

• Shared parenting: A shared parenting arrangement involves both parents sharing parental rights and responsibilities for the care and custody of their children after their divorce.
• Residential parent: A parent who is assigned to live with the child and determine their place of residence under a parenting order is known as a “residential parent.”
• Parenting time: Courts are also responsible for determining the right of a non-residential parent to spend time with their child under orders for parenting time, companionship and visitation rights.

When determining the terms of a parenting order, your child custody lawyer must consider several factors that address the child’s best interests, listed under Ohio’s Revised Code § 3109.04.

The factors that a Northeast Ohio court must consider when resolving issues of allocating parental rights and responsibilities include:

• The child’s wishes and preferences
• The child’s relationships with their parents, siblings, or other persons important to them
• The child’s adjustment to their environment
• The mental and physical health of the parties
• Which parent is more likely to facilitate parenting time or visitation rights
• A parent’s failure to make child support payments
• Any history of child abuse
• A parent’s history of willfully denying the other parent’s parenting rights
• A parent’s plans to move out of state

What Is A Shared Parenting Plan In Ohio?

In some cases, it is in the child’s best interest for the parties to participate in a shared parenting plan, where both share parental rights and responsibilities regarding the care of their child.

The following factors are relevant for a court to consider when determining whether a shared parenting plan serves the child’s best interests:

• The parents’ ability to jointly make decisions for the child
• Each parent’s ability to encourage a loving relationship between the child and the other parent
• Any history of child abuse or domestic violence
• How close the parents live to each other
• Recommendations of a court-appointed guardian

How Is Child Support Calculated In Ohio?

Each parent is legally obligated to provide their children with sufficient financial support to ensure their basic needs are met. This obligation continues until the child reaches the age of 18 in OH, regardless of the parents’ marital status. Generally, non-residential parents owe child support payments to the residential parent after a divorce.

Ohio courts calculate the amount of support a parent owes in accordance with the financial schedule provided under Ohio’s Revised Code § 9119.021. The parent’s financial resources—including their income and assets—are accounted for when figuring out the amount of their child support payments.

Call The Child Custody Lawyers of Erb Legal LLC

Divorced parents—or parents who are otherwise unmarried, have adopted, or and separately reside in NE Ohio—are expected to diligently adhere to the terms set out in their child custody and support orders, or else face significant legal consequences. To ensure your rights as a parent are in good hands, reach out to Erb Legal LLC for comprehensive legal representation.

To schedule an appointment about your case, please call us at (330) 446-3606 today.