What is traditionally called custody is handled in Ohio under the framework of parental rights and responsibilities, along with parenting time (visitation) and child support. These are among the major issues a divorce court must resolve.
The Best-Interests Standard
Custody decisions are guided by the best interests of the child. Both parents give the judge information and documentation about all relevant issues, and the court weighs that evidence with the law in mind.
The Guardian ad Litem
A guardian ad litem (GAL) can be appointed by the court—at either party’s request or on the court’s own motion—to represent the interests of the minor children. The GAL is usually an attorney familiar with domestic relations law, and the job is to act in the children’s best interests.
The parties generally pay the GAL’s fees based on their ability to pay. The GAL makes recommendations to the court and can have considerable influence on determinations relating to the children.
How the Judge Decides
The court may consider expert reports, hold hearings, hear from witnesses, and weigh the GAL’s recommendations. A judge may also interview the children if requested or if it would be beneficial. There is no right to a jury trial in an Ohio divorce or custody dispute—the judge decides.
Child Support
Both parents have a duty to support their children. Child support is set under Ohio’s guidelines based on the parents’ incomes and the parenting schedule.