Akron Divorce Attorney Eric E. Skidmore
Child Custody and visitation are often the most controversial part of divorce or legal separation. The courts prefer the parents work out the custody and visitation issues, if at all possible. If the parents cannot resolve their custody and visitation differences, then the issues will be determined by the court after submission of evidence. A parent granted custody is designated the "Residential Parent" or "Residential Parent and Legal Custodian". The other parent is designated as the "Noncustodial Parent" being the parent who is not the Residential Parent. The Noncustodial Parent is usually granted visitation or parenting time with the minor child(ren).
Legal Custody is the right to share in the decision-making process regarding the minor child(ren). If a parent or parents have legal custody of a minor child, this means the parent(s) can make decisions such as medical treatment,school enrollment, religion, athletics and and academics.
Physical Custody detemines which parent has physical possession of the minor child or children. This can be granted solely to one parent or shared jointly by both parents.
Sole Custody is when one parent is designated as sole legal custodian of the children while the other is granted visitation or parenting time.
Shared Parentingis when both parents mutually share in making decisions for the children and share physical possession of the children.
The "best interest of the child" is the primary standard in determining custody cases in Ohio
Ohio courts also consider and balance the following relevant factors:
Wishes of parents;
Child's wishes and concerns (requires an interview with judge in chambers);
Child's interaction and interrelationship with the parents,siblings and relatives;
Child's adjustment to home, school and community;
Mental and physical health of child and parents;
The propensity of each parent to abide by and follow court-ordered parenting time and visitation;
Are child support payments current or in arrears;
Criminal offenses committed by either parent;
Deprivation of parenting time and visitation; and