Child Custody
Child Custody and Parental Rights in Ohio: What You Need to Know
The most emotional and contentious part of a breakup—whether marital or romantic—often revolves around children. Child custody, or the allocation of parental rights and responsibilities, can be a complex and emotionally charged issue. It requires careful thought, strategy, and expert legal counsel to ensure the best interests of the children are met.
The team of attorneys at the Law Offices of Cara L. Santosuosso, with extensive experience as a children’s services prosecutor and family court, understands the profound effect custody disputes can have on children. We aim to find creative and flexible solutions with minimal conflict. When necessary, however, we are prepared to fight for our clients’ and their children’s best interests.
What Are the Types of Child Custody in Ohio?
There are two main types of child custody under Ohio law: shared parenting and sole custody.
Shared Parenting (Joint Custody)
In most cases, parents work together to create a shared parenting plan. Here’s what this involves:
- Both parents are custodians: Both parents have legal rights and responsibilities toward the child.
- Time division: The plan outlines how the child will spend time between the two households.
- Decision-making: The plan also determines which parent is the primary decision-maker for school, medical issues, and other important matters.
- Shared rights: Parents generally retain the right to be involved in all significant decisions affecting their child’s life.
Sole Custody
In some cases, shared parenting isn’t feasible, and the court may grant sole custody to one parent. This means:
- One parent makes decisions: The custodial parent has the sole authority to make decisions about education, medical care, and other aspects of the child’s life.
- Child support impact: Whether a parent is a sole custodian or a shared parent can affect the amount of child support paid or received.
Who Has Custody If the Parents Aren’t Married?
In Ohio, if parents are not married, the legal rights of custody work differently.
- Mother’s default custody: If an unmarried woman gives birth, she is automatically the sole residential parent and legal custodian of the child unless a court orders otherwise.
-
Father’s
rights:
Unmarried
fathers
do
have
rights
to
their
children,
but
they
need
to
establish
paternity
through
legal
processes.
- Fathers can acknowledge paternity formally.
- A father does not have child custody rights until a court order is issued establishing those rights.
Why Is It Important to Establish Paternity?
- Formalizing the father-child relationship: Even if a father is biologically related to a child, he doesn’t automatically have legal rights in Ohio unless paternity is established by the court.
- Custody and support matters: Establishing paternity ensures the father has a say in custody arrangements and can also be crucial for child support matters.
Why Do You Need Experienced Legal Counsel?
Navigating child custody, paternity, and child support issues, especially for unmarried parents, can be legally and emotionally challenging. Here’s how experienced legal counsel can help:
- Expert guidance: A skilled attorney helps you understand the legal nuances and ensure you take the right steps in establishing paternity, custody, and support.
- Protecting your rights: Legal counsel will advocate for your rights and your child’s best interests in a contested custody battle.
- Minimizing conflict: An attorney experienced in family law can help reduce the emotional strain by facilitating communication and offering constructive solutions.
Child custody and parental rights are critical matters that require careful attention. Whether you’re working through shared parenting or dealing with complex custody issues, the experienced attorneys at the Law Offices of Cara L. Santosuosso can help make a difference in the outcome.