Child Custody & Child Support

Columbus Child Custody and Support Lawyers

All parents going through a divorce are concerned about losing custody of their children. Many are also worried about the safety of their children at times when they are not with them. Our goal as lawyers is to try and help you obtain a child custody agreement that meets your needs and the best interests of your children.

While children will reside primarily with one parent, most courts prefer a shared parenting arrangement that is as close to 50-50 as possible. Obviously, this arrangement will not work if one parent has alcohol or drug problems, or a history of physically or emotionally abusing a child.

Creativity and experience are helpful assets when crafting a shared parenting plan. Each shared parenting plan is unique, and a good lawyer will investigate your situation to understand your issues. Our lawyers have extensive experience negotiating parenting plans and know how to work with court-appointed guardians ad litem in contested child custody situations.

Shared parenting plans in Ohio

If the parties do not agree on a shared parenting plan, the court may adopt the shared parenting plan proposed by one of the parties. Under a shared parenting plan, both parents are deemed custodial parents of the children. However, one parent must be designated the residential parent for school placement purposes. The shared parenting plan must reflect the best interests of the children as decided by the court.

To determine whether shared parenting is in the best interests of the child or children, the court will consider all relevant factors, including, but not limited to:

• The ability of the parties to cooperate and make decisions jointly with respect to the children;
• The ability of each parent to encourage the sharing of love, affection, and contact between the children and the other parent;
• Any history of, or potential for, child abuse, spouse abuse, other domestic violence, or parental kidnapping by either parent;
• The geographic proximity of the parents to each other, as that relates to practical considerations of shared parenting;
• The recommendation of a guardian ad litem, if one is appointed by the court.

If the parents do not agree on the custody of their children, the court will make a determination of the best interests of the children by considering the following factors:

• The wishes of the child's parents regarding his or her care;
• If the court has determined that the child has sufficient reasoning ability to express wishes and concerns with respect to the allocation of parental rights and responsibilities, the wishes of the child regarding custody;
• The child's interaction and interrelationship with parents, siblings, and any other persons who may significantly affect the child's best interests;
• The child's adjustment to home, school, and community;
• The mental and physical health of all persons involved in the situation;
• The parent more likely to honor and facilitate visitation and companionship rights approved by the court;
• Whether either parent has failed to make all child support payments, including all arrearages, that are required of that parent pursuant to a child support order under which the parent is an obligor;
• Whether either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child;
• Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent his or her right to visitation in accordance with an order of the court; and
• Whether either parent has established a residence, or is planning to establish a residence, outside Ohio.

Child support in Ohio

Child support is calculated pursuant to the Ohio Child Support Guidelines, which are set forth in the Ohio Revised Code. The calculation is based upon a payment formula that considers the number of children, the income of both parties, the cost of health insurance for the children, as well as the cost of work-related childcare.

Courts do have the authority to deviate upward or downward from the child support obligation calculated in accordance with the Ohio Child Support Guidelines. Frequently, the court will also order support in additional ways such as payment of medical, dental, hospitalization, special education, camp, or travel expenses.

The law requires that child support payments be withheld from the wages of the parent-obligor by his or her employer and processed through the Child Support Enforcement Agency. By law, a processing fee of two percent is assessed to all child support withheld and processed through the Child Support Enforcement Agency.

For more information, contact an attorney at our firm. From our office in Dublin, we represent clients in child custody and support cases throughout the Columbus metro area and central Ohio.