Ohio has a clear definition of shared parenting under Section 3109.04 of the Ohio Revised Code. This plan covers all factors that are relevant to the care of children, such as physical housing conditions, child support obligations, and other provisions. Ohio family law attorneys can provide answers to frequently asked questions about child custody and Ohio custody laws. The law prohibits Ohio courts from favoring mothers over fathers when considering residential child custody.
This means that the court cannot consider the father's gender when deciding custody. However, there are other considerations that may favor the mother in some cases. For example, courts may not want to remove a child from their school district to allow for a transfer into custody. In this situation, the parent who retained possession of the house would have an advantage. Often, the parent who has their child during the summer receives information from the child that they are concerned about the possibility of returning the child to the parent who placed him in school at the beginning of the school year. In general, parenting time is the phrase used to refer to the time that parents spend with their minor children.
Usually, most of the standard parenting time and visitation schedules issued by Ohio courts mean that one parent receives just over half of the annual parenting time with the child, while the other parent receives a little less than half of the annual parenting time. Therefore, having a certain custody agreement does not necessarily imply or require a certain parenting time or corresponding visiting schedule. For example, a family could have a shared parenting agreement in which one parent dedicates the vast majority of parenting time to their minor children. Conversely, in a shared parenting agreement, each parent is considered the resident parent and therefore has the right to make decisions on behalf of the minor children. Yes, a judge can order supervised parenting time or not parenting time if the circumstances presented justify it.
The LAG will meet with both parents and children and will observe how children interact with parents individually. If, on the other hand, you have a shared paternity or a shared parenting plan, the court must issue a decree of shared paternity. Similarly, after reviewing all evidence, the court must also develop an appropriate parenting or visiting schedule that is in the best interest of the child or children in question. It is unlikely that your child will have to appear in court for questioning by a lawyer in front of both parents. While HB 508 has not advanced beyond its initial stages of legislative process to date, it has already received some bipartisan support, indicating that a potential substantial change in Ohio's child custody laws could be on its way. In fact, Ohio courts often deviate from their standard parenting schedule and visiting schedules, either by increasing or reducing parenting time as each individual custody matter must be evaluated and analyzed on a case-by-case basis. In situations where a parent is determined to be unfit or poses a danger to the child, visitation may be denied altogether.
Today, for a court to assign custody rights between parents under a shared paternity agreement, one parent must take affirmative action to notify the court that it believes shared parenting is in their children's best interest. If there is a significant disparity between either of these two factors, then a child support order is likely to be issued regardless of whether there is shared parenting or not.