Unmarried or divorcing couples face many emotional decisions. Property division, financial support, and especially child custody are all on the table. Deciding where the children will live is the most difficult part of a divorce or separation.
Child Custody and Divorce: Finding the Best Path Forward for Your Family
Child custody disagreements often result in couples ending up in court. Legal action is expensive and time-consuming, and leads to anger and confusion for everyone. At Ernst & Associates, we help you avoid legal battles to become one of the child support cases that never see the inside of a courtroom.
Our experienced child custody attorneys understand that these situations are emotionally and legally complex. Whether your case is simple or contested, our attorneys help parents find common ground and create parenting plans in the best interests of their children. We want you to avoid the stress and cost of litigation and finish your case with minimum strain on all parties involved.
How Is Child Custody Decided?
When finalizing your divorce, both parents must agree on the child custody agreement. The judge reviews the plan to ensure it aligns with the child’s best interests and Ohio law.
Both parents must agree on a child custody arrangement during the divorce. The court will review the proposed plan to ensure it aligns with the best interests of the child.
If the parents cannot agree, the judge must intervene and make a custody agreement for them.
Chances are neither one will be happy with the judge’s decision. Before you reach that point, the family law attorneys at Ernst & Associates can help you resolve your issues and create a visitation plan you both approve.
Ohio law considers multiple factors for a custody agreement, including:
- Each parent’s wishes and available schedule
- The child’s preferences, depending on age and level of maturity
- The child’s educational needs and integration into their school and neighborhood
- The child’s medical needs
- Each parent’s physical and mental health, including substance abuse issues
Parents can develop their own parenting plan despite any issues or difficulties as long as they follow Ohio law. Our attorneys use a collaborative law process to help you develop child custody, visitation, and support schedules you both agree with. If you’re struggling to find a reasonable solution, contact Ernst & Associates for strong legal support and advocacy.
Understanding Custody Options
Most family law issues revolve around custody. There are two types of physical custody, depending on where the child primarily resides.
In sole custody, the child lives 100% of the time with one parent. Sole custody is seldom the norm unless there are issues of domestic violence or sexual abuse. The non-custodial parent may have supervised visitation rights or limited visitation.
Shared parenting is the preferred form of custody. The parents have joint physical custody, and the child divides their time between the homes. Courts prefer 50/50 custody when possible.
Joint custody agreements can accommodate the child’s unique situation, like school schedules or sports programs.
Both parents usually have shared legal custody unless there are significant reasons one parent may not have legal rights to their child’s life. Legal custody involves anything to do with the child’s education, medical needs, religious upbringing, and so on. Unless the court terminates parental rights, the parent retains some legal rights for their child.
Courts and parents retain the right to amend or modify a custody agreement as circumstances change. The custody agreement remains in effect until the child turns 18, emancipates, or the parents agree to an alternate schedule. Parents should always contact an attorney before changing the custody or support agreements. The agreement is a court order and requires court involvement to change or cancel.
The attorneys at Ernst & Associates are familiar with the legal process surrounding custody agreements. When you need help with a sole custody case or a shared parenting plan, we can help ensure your child’s unique needs are met and your legal rights are protected.
Are Courts Biased in Custody Cases?
At one time, courts were strongly biased against fathers in any family law matter. The “maternal presumption” meant that fathers paid child support after a divorce and mothers had no help raising the children.
Today, Ohio law specifically prohibits gender bias in custody decisions, and equal parenting time is becoming the norm. Unless there are safety reasons, such as possible abuse or domestic violence, courts prefer shared parenting agreements so a child has a relationship with both parents. Even where spouses are embroiled in high-conflict divorces, equal parenting time is preferred if the spouses can manage it.
If you and the other parent can keep your animosity away from the children, the experienced attorneys at Ernst & Associates will help you get the custody arrangement that reflects your child’s best interest.
How a Family Law Attorney Can Help in Custody Disputes
Custody battles are some of the most ferocious in any divorce court. Parents disagree about child custody even when they have settled everything else. Having a committed legal team who can help you settle your dispute calmly and rationally is better for you and your children.
The family law attorneys at Ernst & Associates help clients navigate child custody issues by:
- Representing our clients in mediation and court hearings
- Facilitating mediation and office discussions
- Coordinating hearings and meetings with opposing counsel
- Drafting legal documents and filing with courts and other attorneys
- Modifying existing orders and enforcing new orders
Family law is our primary practice area. We know this is a difficult time for you and your family, and we’re here to help you resolve it with minimum stress. We’ll help you through it and create a stable future for your children.
Contact Us Today
If you’re facing a custody issue, don’t go through it alone. Call Ernst & Associates at 513-960-4699 to schedule your free consultation.
Frequently Asked Child Custody Questions
Can I be denied visitation for failure to pay child support?
No. Child support and visitation are two separate things in Ohio. Your visitation rights cannot be terminated or suspended because you are not making child support payments. On the flip side, spouses may not limit or suspend access to children to force the payor to make delinquent support payments. The parent should call Ohio’s Child Support Services for help in both cases.
Can grandparents get child visitation rights?
Grandparents can get visitation rights if they can show they play an important role in the child’s life and if they are being denied access to the child. Such cases have a very high standard of proof. Grandparents should contact an attorney to start a case for visitation or custody.
Do I have to pay child support if my spouse remarries?
Remarriage does not automatically terminate child support. Child support is support for your child, not your spouse. If you are paying spousal support, the marriage may change your spousal support order. If the marriage changes your spouse’s income, you can request a modification of your support order. This situation calls for an attorney’s advice.