Divorce Ohio Custody

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Chapter 3109.042 mentions that "if an unmarried female delivers a child, she is the sole legal custodian and residential parent of the child. The previous sentence holds true till any court of competent jurisdiction might designate another person as a legal custodian and residential parent. While the court makes such a designation, it regards the father and mother as equal."

Factors contemplated by Domestic Relations Court in Divorce Ohio Custody

This court takes into account the below mentioned factors. However, the court's order is not limited to the impact of these factors. Using its own discretion, the court might consider other issues.

• Which parent would possibly honor and ease the companionship rights, visitation and parenting time rights that have been endorsed by the court?
• The physical and mental health of all the individuals linked to the child custody case
• The adjustment of the child in community, school and at home
• The interaction and interrelationship of the child with his/her siblings, parents and any individual who considerably impacts the best interests of the child
• Let us assume that the court conducts an interview with the child. During such an interview, what concerns and desires has the child revealed to the court?
• The desires of the father and mother regarding the custody plan
• Has any parent established or desires to establish a home outside this state?
• Has any parent intentionally and continuously denied the rights of the other parent regarding parenting time?
• Was any member of the household convicted of a sexually oriented offense towards the members of the household?
• Whether any parent or member of the household had committed an act or convicted any crime that caused neglect or abuse of the child?
• Has the obligor of child support payments failed to disburse these payments, inclusive of arrears?

Most of the child custody cases in this state are governed by the following 2 statutes.

Ohio Rev. Code Ann. 3109.04

• This guides the Domestic Relations Court regarding the allocation of parental rights and responsibilities in case of parents undergoing divorce
• The "best interest of the child" standard is observed
• The factors to be considered by the Domestic Relations Court have been detailed in the previous section

• This statute should be applied when there are no divorce proceedings in the Domestic Relations Court
• The Juvenile courts are offered exclusive jurisdiction for deciding the custody plan of a child when this child is not a ward of some other court in this state
• The Juvenile court is expected to observe the "best interest" standard in case of the following
  • Unmarried couples
  • Married couples who wish to determine the custody plan but have not begun divorce proceedings

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