Child Custody & Support

Parental Rights and Responsibilities

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, alongside the grounds for divorce, spousal support, and the division of property and debts.

Protecting the Children’s Interests — the Guardian ad Litem

A guardian ad litem (GAL) can be appointed by the court—at the request of either party or on the court’s own motion—to represent the interests of the minor children of the parties. The GAL is usually an attorney familiar with domestic-relations law, and his or her job is to act in the best interests of the children. The parties will generally be required to pay the fees of the GAL based upon their ability to pay. The GAL will be asked to make recommendations to the court and has considerable influence on determinations relating to the children.

How Custody Decisions Are Made

Both parties provide the judge with information and documentation about all relevant issues. The court may consider expert reports, hold hearings, hear from witnesses, and consider the GAL’s recommendations. The judge may also interview the children if requested or if it would be beneficial. The judge must then decide based on the evidence and the law. While the judge has some discretion, he or she must comply with the law—and there is no right to a jury trial in an Ohio divorce or custody dispute.

Child Support

Both parents have a duty to support their children, and child support is set according to Ohio’s child-support guidelines based on the parents’ incomes and the parenting schedule. Where a parent is in the military, wages may be garnished to ensure proper support is paid; child support may not exceed 60% of a military member’s pay and allowances.

Shared Parenting and Sole Custody

An Ohio court can allocate parental rights and responsibilities in more than one way. Under a shared-parenting arrangement, both parents jointly share the rights and responsibilities of parenting the children, and each may be named a residential parent for school purposes. Under a sole-custody arrangement, the court designates one parent as the residential parent and legal custodian while the other parent is granted parenting time. Parents who agree on a parenting plan may submit it to the court for approval, and the court can also order an arrangement a parent opposes if it finds that arrangement serves the children’s best interests.

Parenting Time (Visitation)

Parenting time is the schedule that determines when each parent is with the children. An order commonly addresses weekdays, alternating weekends, holidays, school breaks, summer vacation and transportation, and it may also cover how parents will speak with the children by phone or video and how they will exchange school and medical information. A detailed calendar prevents most later disagreements; where the parents cannot agree, the court sets the schedule.

Modifying or Enforcing an Order

A custody, parenting-time or support order is not permanent. The court can modify it when there has been a substantial change in circumstances and the change serves the children’s best interests, and support can be reviewed when a parent’s income changes or a child’s needs change. When an order is not followed, Ohio law provides enforcement tools, including income withholding to collect support and contempt proceedings against a party who violates a court order. Many Ohio courts also refer parents to mediation, and an agreement reached there can be submitted to the court for approval. Because these requests turn on the specific facts, income and expense records and documentation of parenting time are what the court relies on.