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Since Ohio law no longer uses the terms “sole custody” or “joint custody” to describe the relationship that parents have with regard to making decisions about their child’s upbringing or providing care for their child, neither parent will officially be awarded joint custody in a child custody case.
Instead, courts go through a process that is known as allocating parental rights and responsibilities, which can include shared parenting and shared portions of a parenting time schedule.
Accordingly, you cannot technically seek joint custody in Ohio, but you can seek shared parenting (what used to be known as joint custody), and you can seek a significant portion of parenting time in the parenting time schedule.
Ohio courts allow parents to work together to develop a parenting time schedule that is in the best interests of the child, but if the parents cannot reach an agreement, then the court will determine what type of parenting time schedule is appropriate based on the “best interests” factors.
The “best interests” factors considered by the court include a variety of elements such as the child’s wishes (depending on age and maturity), the interaction and interrelationship of the child with parents and siblings, the child’s adjustment to home, school, and community, and the mental and physical health of all parties involved. The court also considers any history of domestic violence or child abuse, which can significantly impact custody decisions.
Shared parenting plans are encouraged in Ohio as they promote the involvement of both parents in the child’s life and help provide stability and continuity for the child. However, the court’s primary concern remains the welfare and safety of the child above all else.
Parents who are able to cooperate and communicate effectively can often create a parenting plan that minimizes conflict and supports the child’s developmental needs.
In cases where disputes arise, mediation or collaborative family law processes may be used to help parents reach an amicable agreement without the need for prolonged litigation.
It is important for parents involved in child custody matters to work with an experienced family law attorney who understands the complexities of Ohio’s custody laws and can advocate for arrangements that serve the best interests of the child and the family as a whole.