How do Courts Decide Custody and Parenting Time?
When parents are no longer together, determining custody and parenting time can be one of the most difficult and emotional decisions they will face. In Ohio, the court will make a determination on custody and parenting time based on the best interests of the child. The court will consider various factors in making its decision, including the following:
The wishes of each parent: The court will consider the wishes of each parent when making a custody determination. However, the court will not automatically grant custody to the parent who wants it the most. The court will consider all of the factors and make a decision based on the best interests of the child.
The wishes and concerns of the child: The court will also consider the wishes and concerns of the child. Depending on the child’s age and maturity, the court may interview the child to determine their preferences.
The child’s interaction with the parents, siblings, and other people who impact the child: The court will consider how the child interacts with the parents, siblings, and other people who impact the child, such as neighbors, friends, and teachers.
The child’s adjustment to the home, school, and community: The court will consider how well the child has adjusted to their home, school, and community. The court may also consider the child’s relationships with their peers and extracurricular activities.
The mental and physical health of all persons involved: The court will consider the mental and physical health of both parents and the child. The court may order a psychological evaluation of the child or either parent.
The parent most likely to honor and facilitate visitation: The court will consider which parent is most likely to honor and facilitate visitation with the non-custodial parent. The court will also consider the willingness of each parent to foster a relationship between the child and the other parent.
Whether a parent has failed to make ongoing child support payments: The court will consider whether either parent has failed to make ongoing child support payments. Failure to pay child support does not automatically result in a loss of custody or parenting time, but it can be a factor the court considers.
Whether the custodial parent has willfully denied visitation to the other parent: The court will consider whether the custodial parent has willfully denied visitation to the non-custodial parent. Denial of visitation can be a factor the court considers when making a custody determination.
Whether either parent is planning to establish a residence out of state: The court will consider whether either parent is planning to establish a residence out of state. This can be a factor the court considers when making a custody determination.
Whether either parent has abused children or been a perpetrator of domestic violence: The court will consider whether either parent has abused the child or been a perpetrator of domestic violence. The court may order a domestic violence evaluation of either parent.
When the court considers all of these factors, it will make a determination on custody and parenting time. No single factor is determinative, and the court will make a decision based on the totality of the circumstances. The court’s decision will be based on what is in the best interests of the child.
Ohio courts prefer that parents work together to develop a parenting plan that is in the best interests of the child. A parenting plan is a written agreement between the parents that outlines the terms of custody and parenting time. If the parents cannot agree on a parenting plan, the court will make a determination on custody and parenting time.