During a divorce, the focus of the court often goes on the children. You and your partner may be worried about dividing assets and the financial aspects of the situation, but in the end, the most important thing is that the children are heard. In Ohio, the court may give the children a chance to speak out when it comes to custody and visitation. This gives them the chance to voice their opinions and gives them some control over the difficult situation.
When it comes to deciding child custody in Ohio, you have many options on how to handle it. Commonly, couples will decide one parent will take the responsibilities of keeping the children the majority of the time with the other parent only getting visitation rights. However, this is not the standard anymore. Courts like to see both parents take an active role in their children's lives, which means co-parenting is becoming more common.
If you have to move out of state and are a non-custodial parent, then you may have concerns about seeing your children. The state of Ohio has no set rules on relocation and visitation because each case is unique and treated that way. The court will generally not get involved unless you and the other parent cannot agree to the move and the terms of visitation, according to the Supreme Court of Ohio.
As a grandparent, you probably wish to have a relationship with your grandchildren. In most cases in Ohio, you are encouraged to do so by the children’s parents. Sometimes, though, there are situations where the parents do not want you in the children’s lives. This is where grandparents’ rights come in. These, according to the American Grandparents Association, are the rights to visitation you have with your grandchildren.
When families separate in an Ohio divorce, children are often left to the mercy of their parents and the court to determine where they should reside. Although emotional and financial support from both parents is ideal, primary custody may be awarded to one parent. This means that the child will legally reside with the custodial parent, but has visitation with the non-custodial parent. In some cases, couples share custody, and the child spends equal amounts of time with both parents. Whatever the case may be, a parenting plan is established distinguishing where the child goes and when. At Hartley Law Office, LLC, we understand that this process can be emotional, but a parenting plan must be created with the child’s best interests in mind.
If you are the father of a child born out of wedlock in Ohio, establishing paternity is the only way to legally define your relationship with your son or daughter and is one of the most important steps for ensuring that you have parenting rights. Acknowledging that you are the child’s father opens the door to pursuing visitation, custody or other rights as a parent.
Parents who choose to file for divorce may become caught up in the decisions that need to be made when creating a divorce settlement. Property division, child support and alimony are all major components of the final decree. The most important factor to determine, however, is the parenting plan. This plan determines which parent the child spends time with and when. Rather than create a visitation plan based off of the parents’ schedules, it is important to keep the child’s best interests in mind.
In Ohio, when a child is born to a married couple consisting of a man and a woman, paternity is generally unquestioned. However, if you were not married to the mother of your child at the time of birth, you are not the legal father. You have no parental rights and cannot enjoy a positive relationship with your child.
You may think that all the negotiating and arrangements are complete once the judge declares you legally divorced, but visitation schedules may require you and your ex-spouse to periodically alter agreements as both of your circumstances change. This is a natural part of co-parenting, but one that is often aided with the help of a mediating attorney. The Ohio State Bar details everything you should know when you need to change your parenting plan.
When a couple decides to divorce, all sorts of legal matters may arise, from dividing marital property to spousal support. However, issues related to child custody and visitation are often especially challenging. In Dayton, and across the state of Ohio, the decisions made by courts can have a significant impact on parents and their children as well. As a result, parents who are dealing with legal matters related to visitation should make sure that they thoroughly prepare for court and understand key elements to these cases, such as the best interests of a child.