Person In Custody Ohio In Contra Costa
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FAQ
Living in different states typically does not allow for joint custody. While no law specifically prohibits it, it is hard to argue that having a child spend equal time in two states is in their best interest. Remember, the court's consideration of “best interest” will always be the core of their decision-making.
Joint Custody Cons Joint custody does introduce a degree of instability into a child's life, as they have to go back and forth between each parent's home for visits. For younger children this lack of stability affects them more noticeably. Not every divorced couple is able to work together.
Trying to earn full custody of your children can be difficult. When you are looking to do what is best for your children, sometimes it can mean having them live with you full-time. Unfortunately, Ohio custody laws do not grant full custody to everyone who applies for it.
In most cases, Ohio family court judges prefer shared parenting over sole custody. However, the burden is on the parents and their child custody lawyer to prove to the court that joint custody is in the best interest of the child. That's not always easy.
Both parents share decision-making. They are both designated as residential parents and they have to agree on all major decisions. We call this "shared parenting." One parent has final decision-making.
In Ohio, there's no set age when children are considered mature enough to express their custody preference. Instead, the judge will have to decide on a case-by-case basis. But judges are more likely to consider the wishes of an older teen than a young child.
The most obvious situations in which joint custody will not be in a child's best interest are where domestic violence has occurred, where overt continual conflict exists between the parents, where a parent has substance abuse problems, where the court, rather than the parties, decide that joint custody is the answer, ...
Under Ohio law, a mother's rights to custody differ depending on her marital status at the time of birth. An unmarried mother automatically has full custody of the child from the child's first day of life. However, a married mother has the exact same rights as her husband at the time of the child's birth.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
Either parent can ask the judge to change parenting time in an existing family law case by filing a motion to change parenting time. It could be a divorce, separate maintenance, custody, paternity, or family support case, but there must already be a custody order or judgment in the case.
