Will push for new child custody laws impact Ohio?

March 15, 2014

The dynamics of the twenty-first century family are much different than those found in previous generations. Mothers may hold thriving careers both within and outside of the home and fathers are much more involved in rearing the children. As a result, critics of current child custody laws are pushing for reform.

More specifically, some critics argue judges presiding over a child custody case should presume a joint custody or shared parenting arrangement unless there was a history of abuse. This movement is gaining popularity throughout the country. Recently National Public Radio (NPR) ran a story discussing the pros and cons of joint custody arrangements. According to the piece, although the logistics of a 50/50 arrangement can be difficult for parents, children who are part of a shared parenting plan may be more academically and emotionally successful.

Child custody laws in Ohio

The discussion may lead to changes in Ohio child custody laws. Currently, the courts in Ohio favor providing children with "frequent and continuing contact" with both parents whenever such contact is in the best interest of the child. If parents put together a plan that includes shared custody, the court will review whether this is in the best interest of the child. During its determination, the court will consider a variety of factors including the ability of the parents to work together and encourage positive contact with the other parent as well as the geographic proximity of the parents to each other.

The court may intervene in situations where parents cannot agree on a custody arrangement. Ohio state law provides guidelines noting that the court should refrain from giving preference to one parent when making its custody determination. Instead, courts should base their determination primarily on the child's best interest standard. This legal standard requires a judge to review a variety of factors when making the determination. Such factors can include:
- Wishes of the parents
- Any history of domestic abuse
- The fitness of the parents
- The child's relationship with the parents and siblings
- Wishes of the child, if applicable

The process can include an interview of the child to help determine his or her wishes regarding custody arrangements. Such interviews are generally held in the judge's chambers.

Importance of legal counsel

Although the best interest of the child is important, it is also important to recognize the individual rights of the parents. An experienced Ohio divorce lawyer can help you build a case that helps better ensure that both the best interests of the children and your individual rights are met.

Article provided by Lawrence Law Office
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