Child custody disputes can involve some of the fiercest battles in a divorce. Disagreements often break out over which parent the children will live with and how much time and responsibility the other parent is entitled to. These responsibilities and children’s rights can be awarded to one parent (sole custody) or to both parents (shared parenting). Parents can avoid taking these disputes to court if a mutual agreement can be reached. If both parents share responsibilities, a shared parenting plan must be drafted and submitted to the court for approval as a shared parenting order.
The determination of whether custody should be sole or shared is based on the best interest of the child. There is no legal presumption in favor of shared parenting in Ohio, although many courts prefer shared parenting. The parents can submit a joint shared parenting plan and ask the court to approve it. Alternatively, each parent can submit a plan and ask the court to adopt that plan.
Shared parenting in Ohio does not necessarily mean shared physical custody or equal time sharing. Some shared parenting arrangements provide for an equal sharing of time but many provide for the children to spend the majority of time with one parent, with the other parenting having scheduled parenting time. The shared parenting plan also addresses other aspects of care for the children, such as provisions for health care, school choice, child support, extracurricular activities and religious upbringing.
The family law attorneys of RKPT can answer your questions about custody and help you achieve a fair custody and parenting arrangement. With offices located in Cincinnati and Blue Ash, we invite you to contact RKPT for a consultation.
