Divorce with Children

Custody to One Parent

Ohio divorce law lists various factors which can be considered in the granting of custody. The most important factor is always what is in the best interests of the child(ren).

Money is not the issue and one parent who has more money is not favored.

The parent who does not have custody should have liberal parenting time and contact with the child(ren).

Usually, parenting time for the parent who does not have custody is alternating weekends and one weekday evening every week from 6:00 pm to 9:00 pm.

The parent who doesn't have custody has many rights which are set out in the Parenting Plan. This includes involvement with school activities, and access to school and medical records.

A parent who wants the parenting time or conditions of parenting time restricted will have to justify the restrictions. There must be a good reason that is in the best interests of the child(ren). Evidence or testimony of the reason will be required by the Court.

Shared Parenting

In Shared Parenting there is shared responsibility for all major decisions. This includes the upbringing, education, medical care, dental care, spiritual care and all other matters concerning the general welfare of the child(ren).

Shared Responsibility

In Shared Parenting there is shared responsibility for all major decisions. This includes the upbringing, education, medical care, dental care, spiritual care and all other matters concerning the general welfare of the child(ren).

Parents consult with each other and confer together on matters affecting the welfare of their child(ren). They take into account the best interests of, and as far as possible, the desires of the child(ren).

The greater the cooperation and the spirit of shared decision-making over major issues affecting the welfare of the child(ren), the greater the chance that shared parenting will work.

Best Interests

Cooperation

Shared Parenting Time

Try to work with and cooperate with the other parent in making decisions which are best for your child(ren).

Time With Each Parent

In a Shared Parenting Plan, the parenting time of each parent may be roughly equal or it can be more with one parent. The Plan should be what is best for the child(ren) and be a plan that gives the child(ren) stability. It is up to the parents to decide on a general schedule.

Child support can be the same as in the case where there is custody to one parent, or it can be reduced or set at $0. It depends on the parenting time, the income of each parent, and various other factors.

There are so many variations in parenting plans and sometimes the legal jargon loses sight of the most fundamental principle: parents should know and should do what is best for their child(ren).

Child Support in Shared Parenting

Do What Is Best

Ohio Child Support Guidelines have been established that must be followed in all counties in Ohio.

These guidelines are based on a number of factors including the income of each parent, the number of child(ren), the cost of medical insurance, and the cost of day care.

If child support is paid for other children an adjustment is made.

Adjustments can be made in the amount of child support in the Ohio Child Support Guidelines. This is known as a deviation. A deviation can be that less child support is paid, that no child support is paid, or that more child support is paid than the guidelines.

A Court will want to know the reasons for the adjustment and if the adjustment is in the best interests of the child(ren). It is not enough that the parents just do not want for there to be child support.

The most common situation where there is no child support is under a Shared Parenting Plan where the parents have comparable incomes, are equally splitting the parenting time with the child(ren), and are equally splitting the expenses of the child(ren).

The main thing to remember in deviating from the Ohio Child Support Guidelines is that there must be a reason for the deviation and that the deviation is in the best interests of the child(ren). If the Judge does not think that this is the case, he or she can reject the deviation.

Child Support

Divorce Parenting Class

You must go to a Parenting Class if you have minor child(ren) of the marriage. This is a seminar which is conducted either by the Court itself or by a group under contract with the Court. The seminar is required by Ohio divorce law.

What is Covered

The Divorce Parenting Class is designed to provide helpful information, answer questions and encourage that the parents do what is best for the child(ren).

If a party does not attend the seminar the Court can refuse to grant them custody or limit their parenting time with the child(ren) until they have completed the seminar.

You make take the Divorce Parenting Class with your spouse or you may take it at a different time than your spouse. There are also seminars that can be taken on the internet.

You may request that you and your spouse are not scheduled together.

Children are not present.

What if You Don't Attend

Who Do You Take it With

Consultation

It is easy to have an initial consultation at no cost. Just fill out and submit the form.