Child Custody
CHILD CUSTODY
We Believe that There is a Sacred Bond Between a Parent and a Child
The divorce process can be tough on a child as it is often difficult for both parents to maintain a meaningful relationship with the child. At Funkhouser Law, we will work to get you the time you need with your child through custody and visitation orders so that you can maintain a meaningful bond.
HOW IS CUSTODY DECIDED?
In the past, courts would grant custody to one parent or another, and it was traditionally the mother who would prevail; however, courts today are required to consider the best interest of the child and not select a custodial parent based on gender. In determining the best interest of the child, a court will look at the parents themselves as well as consider the wishes of the child (if over a certain age) as well as any recommendations by the guardian ad litem (temporary court appointed guardian). Shared custody or shared parenting may include agreements such as the child staying with one parent during the week and the other on weekends.
If you are going through a divorce where there are children in the picture, or if you are being prevented from seeing your child in any way, please call the experienced lawyers at Funkhouser Law to advocate for your child custody rights.
ENDING A MARRIAGE WITH CHILDREN
Temporary Orders
While a divorce is pending, a judge may issue a Temporary Order establish or allocate parental rights and responsibilities. While it is up to you whether or not you want to implement a temporary order, at Funkhouser Law, we always recommend a Temporary Order to avoid problems and expenses that can arise while the divorce is pending. Temporary Orders can include the allocation of parental rights and responsibilities, payment of debts & utilities, spousal support and any other matter that needs to be addressed before the divorce is finalized.
If you are interested in obtaining a Temporary Order as part of your divorce, ask an attorney at Funkhouser Law to file a motion and affidavit with the court. At Funkhouser Law, we draft the motion and affidavit after making sure the client’s interests are protected. Once the motion is filed along with the initial Complaint, a hearing date is set. These hearings can be conducted through live testimony, but are more likely going to be in the form of a written affidavit. The written affidavit does have the advantage of detailing out the information for the court to consider. These affidavits are prepared after you provide the information to your attorney.
Dissolution with Children
If you and your spouse are in agreement about the terms to end the marriage and elect to end the marriage with a dissolution, a temporary order is not necessary. However, when there are children involved, you and your attorney will have to file the following:
- Petition for Dissolution,
- Separation Agreement,
- Affidavit of Property,
- Certificate and waiver of service,
- Acknowledgement of legal representation,
- Health insurance affidavit,
- Parenting proceeding affidavit,
- Child support worksheet, and
- Withholding orders.
The petition must be signed by both spouses, which includes the information about the place and date of marriage, that a separation agreement has been executed, that the parties are incompatible, and that the parties want a dissolution.
Parenting Seminar
In the case of a divorce or dissolution when there are children involved, the court will require that the parents attend a parenting seminar within 45 days of the filing. Your attorney will receive this information when the case is filed and he or she will immediately send you a copy. At this seminar, a parent can expect to receive advice on how to minimize the affects the divorce or dissolution could have on the child.
How are parental rights and responsibilities allocated?
Formerly, Ohio courts granted custody of the children to one party or the other. Now, the court allocates the parental rights and responsibilities between the parents based on the best interests of the minor children who are not yet age 18 or have not graduated from high school. Shared parenting allocates these rights and responsibilities by requiring shared decision-making, although not necessarily equal time-sharing. If a plan for the children’s care is submitted by one or both parents, the court may adopt the plan and grant shared parenting. If the court finds the proposed plan is not in the children’s best interest, it can request amendment of the plan or deny shared parenting.
If no plan is submitted, the court cannot award shared parenting and will allocate the parental responsibilities between the parents, naming one parent as the sole residential parent and legal custodian and granting the other parent appropriate parenting time rights.
If a parent asks, the court must talk with a child privately about his or her wishes concerning parenting arrangements. The court also may (or, if a parent asks, must) appoint a guardian ad litem for the child, who will investigate the child’s circumstances and report to the court. The court takes into consideration, but is not bound by, the child’s wishes and concerns and the guardian ad litem’s recommendation.
Other factors taken into account include the child’s mental, emotional and psychological development; the child’s interaction with parents, siblings and other significant persons; and the child’s adjustment to school, community and home. The court also may consider factors such as a parent’s ability to serve as a custodial parent, if support has been paid, if parenting time has been denied or if any abuse has occurred. If one of the parents intends to leave the state permanently, the court also may consider this factor. Some courts provide mediation services to help the parties resolve parenting issues themselves.
LawFacts Pamphlet Series, Ohio State Bar Association, Divorce, Dissolution & Separation, (May 15, 2015).