Cincinnati Child Custody Lawyer

When children are involved, the process of a divorce or dissolution carries an additional level of thoughtfulness and, often, stressors. You want to protect your children and your family’s interests, which is difficult in these complex legal processes. You need a dedicated Cincinnati child custody lawyer to help you advocate for your children’s interests, helping you make informed choices, and navigate the court system.

Preserve Your Parent-Child Relationship With a Skilled Cincinnati Child Custody Attorney

You may have many concerns, such as:

• What is in your child’s best interest
• How you should discuss these changes with your child
• How to protect your child while going through this process

The attorneys at The Family Law and Fertility Law Group have a great deal of experience working with separating families who have the additional consideration of children. We are keenly aware of the factors that courts consider when determining what is in the best interest of a child. We offer decades of experience and diligent advocacy for families dealing with these difficult cases.

Many of our Family Law attorneys are trained as Guardians ad Litem and routinely make recommendations regarding children’s best interests for the courts to consider. Our attorneys have the compassion and assertiveness to effectively protect our clients’ positions and support the best interests of their children.

Types of Custody in Ohio

There are two different types of plans which allocate custody also known as “parental rights and responsibilities,” in Ohio: Shared Parenting Plans (both parents are residential parents and legal custodians) and Parenting Plans (one parent is the residential parent and legal custodian). . How the court determines the type of custody depends on the best interest of the child(ren).

• Parenting Plans name one parent or the other the “Sole Residential Parent and Legal Custodian.” Often times, the “Non-Residential Parent” still is afforded parenting time and other parental rights such as access to records, ability to attend a child’s activities, etc. The court may assign one residential parent if:
  • At least one parent files a motion for custody, but neither file a Shared Parenting Plan
  • At least one parent files a motion and a Shared Parenting Plan, but shared parenting is not in the child’s interests
• Shared Parenting Plans name both parents as the “Residential Parents and Legal Custodians.”, requiring them to share in decision-making impacting the general welfare of the child(ren), such as decisions surrounding medical, education, extra-curricular involvement and religion. Shared Parenting Plans are granted so long as at least one parent files a proposed Shared Parenting Plan, and shared parenting in the child(ren)’s best interests.

In Cincinnati, the average household size is 3.03 people, and 21% of the population is under 18. Many families who are experiencing divorce or separation can benefit from compassionate legal assistance to determine the best parenting arrangements. A skilled attorney can help you assess what is in your child’s interests in your family’s unique situation.

How Do Courts Determine a Child’s Best Interests in Cincinnati?

What is in the best interest of the child(ren) is the standard that the courts use to make any decision for children involving custody and parenting time, whether that be to determine a child’s best interests, the court considers:

1. The wishes of each parent
2. The wishes of the child, when secured through the court interview
3. Each parent and the child’s mental and physical health
4. Relationships the child has with their parents, their siblings, and other persons significant to their best interests
5. How the child has adjusted to their community, school, and home
6. Whether either parent is more likely to honor the parenting time and visitation rights that have been decided by the court
7. Whether either parent has neglected to follow child support obligations
8. Whether either parent has a home outside of the state, or plans to establish one
9. Whether one parent, with shared parenting or as a residential parent, intentionally and repeatedly denied the other parent’s right to visitation under court order requirements
10. If either parent has been convicted of an act that caused a child to be abused or neglected, or there is reason to believe a parent acted in a way that caused a child to be abused or neglected
11. If either parent was convicted of a domestic violence offense or any other offense against a family or household member

The court will consider additional factors when determining if shared parenting is in a child’s interests. This includes:

1. Whether parents are able to cooperate and make decisions for their children
2. Each parent’s ability to encourage a loving and continual relationship with the other parent
3. If there is a history of child abuse, spousal abuse, domestic violence, or parental kidnapping, or a potential for any of these offenses
4. How close parents live to each other, and how that practically impacts a shared parenting plan
5. Any recommendation made by a child’s guardian ad litem

FAQs

Q: How Much Does a Child Custody Lawyer Cost in Ohio?

A: The cost of a child custody lawyer in Ohio varies based on the attorney and your case. When your case is contested, and parents cannot agree on how custody will be arranged, these cases can take longer and be more costly.

Q: Why Work With an Attorney?

A: The biggest mistakes in a custody determination are failing to prepare, not working with an experienced attorney, and putting your own grievances or wishes in place of your child’s best interests.

When you hire a lawyer to help with your custody matter, they help you prepare by assessing your goals and what the courts typically consider in the best interest of your child, An attorney protects your rights and also assesses other options for resolving a child custody case, such as negotiations outside of court.

Q: Does Ohio Presume Equal Parenting Time and Shared Parenting?

A: No, it is not a presumption. If either parent files for shared parenting in Ohio, then the court may grant the request but only if it is in the child(ren)’s best interests. Shared parenting, , is not automatically assumed to be in the child’s interests under Ohio Law. The court will assess the statutory best interest factors such as the ability of parents to make decisions for their child and the proximity of parents to each other to determine if shared parenting is in the child(ren)’s best interests. Several courts have “Standard Parenting Orders” which include an equal parenting time schedule, however, those standard orders are only granted when it is found to be in the child(ren)’s best interest.

Hire a Child Custody Lawyer in Cincinnati

Whether you and your co-parent are working together on a Shared Parenting Plan or your case is being decided by the Court of Domestic Relations or Juvenile Court you need experienced legal support by your side. The Family Law and Fertility Law Group can help. Schedule a consultation by contacting us today. It is important to hire counsel with the skills and dedication to resolve your child custody case.