Trusted Southern Ohio Attorneys

How courts make custody decisions in Ohio

On Behalf of | Aug 13, 2021 | Family Law

When people in Ohio go through divorces, they must divide the life they shared during the marriage into two separate lives. This is not an easy process especially since divorces often are very emotional experiences for those involved. Couples need to divide their homes, bank accounts, retirement accounts and other assets. If they have minor children, they also need to divide their parental responsibilities. This includes determining how decisions will be made for their children and when the children will be in each parent’s care.

These are not easy decisions to make though. Each marriage and how parents raise their children is unique though. Therefore, there is no formula that judges can use to determine the parental rights and responsibilities for each parent. Instead there are a number of factors that judges need to analyze based on the circumstances of the marriages. The judges analyze these factors to determine what is in the best interest of the children.

Factors used to determine custody

The factors that judges use to determine the best interests of the children include, but are not limited to:

  • The wishes of the children, if they are of suitable age and maturity
  • The wishes of the parents
  • The children’s relationship with siblings and other family members
  • The children’s establishment at their schools and in their community
  • The health of the children and parents
  • Each parent’s willingness and the likelihood that a parent will encourage a relationship with the other parent
  • Whether there has been any acts of domestic abuse against the children or the other parent
  • Where each parent’s established home will be after the divorce

There are many difficult choices that parents need to make if they are going through a divorce in Ohio. One of the more difficult decisions can be the custody determinations. It is not easy to have to split their time with their children, but it is a reality of divorce. These are very fact-specific determinations though. Experienced attorneys understand how to apply the various factors and may be able to guide one through the process.

Archives