Your children are the world to you. From the first time you held them in your arms, they have become the very heart of your existence. When circumstances arise that threaten to limit or change the time you spend with them, it can feel as though the world is coming to an end. The emotional turmoil, the uncertainty, and the fears can be overwhelming.
You don’t have to go through it alone. Legal matters, especially those involving your children, require not only strong legal acumen, but also compassion, empathy, and determined advocacy. You need a Cincinnati, OH child custody lawyer who not only understands the law but also cares about your family’s future.
At Cathy R. Cook, Attorneys at Law, we can help ensure that your child’s best interests are at the forefront and that your rights as a parent are fiercely protected. You’re not just another case to us; you’re a parent striving for the best for your child, and we’re here to help.
Why Hire Cathy R. Cook, Attorneys at Law, for Your Ohio Child Custody Case?
With child custody decisions, the stakes are high. Your child’s well-being, your relationship with them, and your peace of mind hang in the balance. In such cases, you need a lawyer who not only understands the law but also knows how to handle the emotional and psychological issues involved. Here’s why Cathy R. Cook, Attorneys at Law, should be your first choice:
- Sensitive Approach: We recognize the profound impact legal battles can have on children. We take special measures to ensure that cases are handled with the utmost sensitivity, always prioritizing the child’s best interests.
- Strong Track Record: Our firm has been at the forefront of important court decisions concerning child custody. Our history speaks to our dedication and knowledge in the field.
- Decades of Family Law Experience: Keeping up with Ohio’s child custody laws requires experience and dedication. Having a team that understands these laws is essential to protecting your rights as a parent. Our attorneys have presented seminars on these issues to other attorneys.
- Personal Support: We provide total support by helping families deal with the often overwhelming emotional, logistical, and administrative challenges associated with custody disputes.
When it comes to child custody, you need more than just an attorney; you need an ally, a confidante, and a champion. At Cathy R. Cook, Attorneys at Law, we promise to help you protect and nurture your child’s future as well as your relationship with them. Your family deserves nothing less.
How is Child Custody Determined in Ohio?
In Ohio, decisions about child custody are guided by the principle of the “best interest” of the child. This overarching criterion requires the court to take a detailed look into various aspects of a child’s life and the potential custodial arrangements. The process is thorough, ensuring that any decision made is in line with the child’s welfare.
Statutory factors for determination are as follows:
- Parents’ Wishes: What each parent envisions for their child’s living arrangements.
- Child’s Wishes: While a child’s preference is considered, especially if they are mature enough to have meaningful input, the popular belief that children aged 12 or older can decide their residence is outdated and inaccurate.
- Child’s Relationships: This includes bonds with parents, grandparents, and other significant members of the extended family.
- Child’s Adjustment: Emphasis is placed on stability, looking at the child’s acclimation to their home, school, and community. The potential benefit of letting the child stay in the marital home is also weighed.
- Mental & Physical Health: Both parents’ health conditions are scrutinized, and any parent vying for custody should be prepared for the other to raise any issues about their medical and mental health history that could affect their parenting ability.
- Parenting Time Allowed: If one parent denies access to the child, this can significantly tilt the scale in favor of the other parent.
- Child Support Obligations: Failure to meet child support obligations can impact parenting decisions, especially where the child is deprived of things.
- Domestic Abuse: Any history of domestic violence, abuse, or neglect will heavily influence decisions. The court needs written justification to grant custody to an abuser in such instances.
- Geographical Concerns: Whether a parent lives out-of-state or has plans to do so.
- Other Relevant Factors: A catch-all to address unique situations not covered by the preceding criteria.
Courts will also give attention to the parent who primarily cared for the child on a daily basis, especially in the case of younger children. Actions or lifestyles that could potentially harm the child’s physical, emotional, or moral development are also considered. Sometimes a parenting investigator or guardian ad litem is called in to investigate the family to assist the court.
Shared Parenting Explained
Ohio has transitioned from traditional concepts like custody and visitation. The term “custodial parent” has evolved to “residential parent and legal custodian” while “visitation” is now referred to as “parenting time”.
“Shared parenting” replaces the older “joint custody” term. It emphasizes joint decision-making in aspects like medical care, schooling, and extracurricular activities. Should disagreements arise, parents are encouraged to attempt mediation before seeking the court’s intervention.
There are certain myths surrounding shared parenting:
- Equal Time: Shared parenting does not necessarily mean equal time with the child.
- Child Support: Shared parenting does not automatically equate to no support or a reduced amount of support.
In determining if shared parenting is in the children’s best interest, the Court will review the factors above as well as those below:
- The parents’ ability to cooperate and make collective decisions.
- Whether the child is encouraged to love both parents.
- Whether there is any history or potential for abuse, domestic violence, or parental kidnapping.
- The physical proximity of the parents.
- Recommendations from a guardian ad litem who reviews the situation from a neutral standpoint.
FAQS
What types of custody are there?
During marriage, both parents have equal rights with their children, both as to time and decision making. When the marriage ends, either the parents share decision making, called shared parenting, or one parent is allowed to make all major decisions, called sole custody.
Will I Lose Time With My Children?
Custody does not dictate parenting time. That is a separate issue. The time each parent has can be as much as 50% or as little as a couple evenings per week plus time on the weekend. There are a number of factors used to determine the amount of parenting time for each parent.
Is There An Age Where Children Can Decide With Which Parent They Want To Live?
No. There used to be an age, but that was changed many years ago. Now, children have input in parenting time. The more mature the child and the more valid their reasons for their preferences, the more their desires will be considered. However, if the court believes those opinions have been influenced by a parent, they will be discounted.
Can A Parent Obtain Emergency Custody?
In situations where the safety and well-being of a child are at immediate risk, Ohio law allows emergency temporary custody. This provision allows an individual to quickly gain legal custody of a minor child, albeit on a temporary basis.
There are two situations under which one can seek emergency custody in Ohio:
- Child Abandonment: If the child has been left without care, supervision, or a guardian, and no immediate plan or intent of return is evident.
- Danger of Abuse: The child has either been subjected to abuse or there’s a high risk of abuse occurring.
It is important to note that mere belief or suspicion that a child is at risk isn’t sufficient. In most Ohio counties, the court requires the petitioner to present concrete evidence that the child will suffer irreparable harm if immediate action isn’t taken.
How Can I Require The Other Parent To Only See The Children With Supervision?
To request supervised time, a parent must demonstrate that unsupervised interactions with the other parent could harm the child. There are several ways in which this harm can manifest itself:
- Physical Danger: This includes situations where the other parent has a history of violent behavior, substance abuse, or any other factors that could jeopardize the child’s physical safety.
- Neglect: It’s not always about direct harm. Even passive actions, like neglect — failing to provide adequate care, food, shelter, or medical attention — can be grounds for supervised visits.
If the court determines that supervised time is necessary, several factors come into play:
- Nature of Supervision: This can range from formal supervision by a court-appointed professional to informal oversight by a mutual acquaintance or family member.
- Duration and Setting: The court will also decide how long each session should last, the frequency of each, and where they should occur. The sessions usually take place in a neutral location that is convenient and comfortable for the child, such as a community center.
- Continuous Evaluation: It’s important to note that supervised parenting time is often a temporary arrangement. The courts generally believe in the principle that children benefit from having both parents actively involved in their lives. As such, if circumstances change or if the other parent can demonstrate rehabilitation or that the concerns were addressed, the requirement for supervision might be lifted.
Can I Relinquish My Parental Rights?
As a parent, you cannot unilaterally decide to give up your rights just because you want to be free of parenthood’s responsibilities. The courts prioritize the best interests of the child above all else. In Ohio, this is possible only when the other biological parent has remarried and their new spouse is willing to adopt the child.
Relinquishing parental rights is a decision that has far-reaching consequences, and it’s essential to understand the legal steps and the emotional ramifications for all parties involved. If you’re thinking about taking this step, speak to a Cincinnati family lawyer to fully grasp the implications and the process.
Speak to a Cincinnati Child Custody Lawyer Today
Child custody matters are undeniably some of the most emotionally charged issues any family can face. Whether you are grappling with shared parenting concerns, trying to understand Ohio’s custody laws, or considering something as serious as relinquishing parental rights, you need and deserve skilled representation from a Cincinnati child custody lawyer today.
At Cathy R. Cook, Attorneys at Law, we’re here for you. Let us help you get past these sensitive challenges and enjoy a regular and rewarding presence in your children’s lives. For more information or to schedule a free phone consultation, call Cathy R. Cook, Attorneys at Law at (513) 241-4029 or contact us online today.
