As skilled Dayton custody lawyers, we know all too well how couples may or may not be on the best terms during a divorce. But have the two of you made a decision about who your child or children will live with?
There are specific ways that family courts determine visitation and custody in Ohio. Every parent should have a legal professional protecting their parental rights and their relationships with their children. Reach out to The VanNoy Firm for assistance today.
Firstly, in Ohio, the word “custody” isn’t officially used anymore, at least not in the courts. Instead, they prefer to call it “parental rights and responsibilities allocation.” It means pretty much the same thing, but just specifies in more detail what exactly the mother and the father are granted as far as custody, visitation time with the child, etc.
If the mother and the father are getting along civilly and can agree to share custody, this is always preferable. We can draft a custody agreement and present it to the court for approval.
However, many parents do not reach such an easy agreement. Our Dayton custody lawyers will walk them both through the proper steps they need to take in order to make the best decision moving forward.
In Ohio, it is possible (depending on the circumstances and history of past behavior of the parents around the child) that one parent alone could get legal custody, which is referred to as “primary decision-making rights” in this state. The same thing goes for time spent with the child, as one parent might get sole physical custody based on the other parent’s misconduct or unavailability. Sole custody is rare, and we can advise whether it is right to seek it in your case.
All in all, whether you end up being the non-custodial parent (the person who the child does not live with primarily) or the residential parent, the court takes what’s in the best interest of the child into major consideration when making these concrete decisions about future living arrangements and social interactions with their parents.
In most cases, courts feel that it’s not appropriate to completely take away all rights for a parent to see his or her child or children, even if that parent has a criminal history. If you have been legally granted visitation, then there’s nothing that your ex can do to legally stop you from visiting your child.
The Ohio court system will make the decision of who the child will live with based on what’s best for them, and both parents are expected to abide by the custody order.
If you are confused and worried about how custody and visitation will go after your divorce, then don’t hesitate to contact our experienced Dayton custody lawyers at The VanNoy Firm today for a consultation. We are ready to protect your rights as a parent in Ohio.
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