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.
This page offers a general overview. Custody and support determinations are fact-specific; please consult Pirnia Law Office about how Ohio law applies to your children and your situation.