One would think that barring any serious issues like abuse or neglect, both parents would have rights to equal time and with equal decision making over their own children. However, that is not the reality of the current situation in Ohio. Although the Courts lead you to believe each parent has an equal stand, unfortunately this is not the case. Many times false allegations by one parent or an archaic court system keep children from good parents. Here at Getty Law Office we believe each child has the right to develop their relationships equally with both parents. Children deserve more than a "standard order" with their parents.
As a father myself I learned the hard way that the system is not equal and fair when it comes to custody in Ohio. I myself faced the untold bias as an unwed father. At the age of 45, a succesfull family law attorney and Guardian Ad Litem, I found myself fighting a system I had believed was fair and just. I found out its not the case as there are clear biases in the system that only the best and most caring attorneys can handle.
As such I vowed to spend the remainder of my career trying change the laws in Ohio and to help families now as I can through this convoluted Ohio custody system. Until the laws change every parent needs a qualified lawyer to wade through the grueling system.
At Getty Law Office, LLC, our child custody attorney in Ohio will thoroughly review your case, listen to your concerns and preferences, and outline the best course of action for you. We know you have your child's best interests at heart. To that end, we will make every effort to attain the child custody arrangement best for you and your child. Contact us online or at 937-610-5940 to schedule a consultation.
What is Child Custody in Ohio?
When two parents are no longer together, one of the most important matters to be decided is who will have custody of their child. In most states, there are two different types of custody that the court must consider full custody to one parent or shared parenting.
Legal Custody
Legal custody to one parent is when virtually all decision-making authority is vested in one parent. Typically, the visiting parent receives the standard order of visitation, which in Montgomery County, Warren County, Adams County, and Greene County, Ohio, only consists of two hours mid-week plus every other weekend Friday evening through Sunday evening.
Shared Parenting
Shared parenting in Ohio generally vests the decision-making authority with both parents. Ironically though one parent is always named as custodian for school purposes and generally makes the day-to-day decisions for the children. In shared parenting plans one would reasonably think that the parents would have equal time with their children. DON'T BE FOOLED AS ANY VISITATION SCHEDULED IS POSSIBLE with shared parenting. Many times, in fact, in shared parenting plans one parent will have significantly less time with the children.
Interestingly and quite contrary to popular belief, shared parenting is not the mandate in Ohio, nor is it the norm. In fact, in order to obtain shared parenting a parent must request the court for such in a separate filing with the Court. Such must be done prior to trial.
In Ohio it is imperative to retain competent legal counsel such as Daniel Getty in Centerville, Ohio to help you obtain fair and equal rights to your children.
Parent Plans and Child Custody in Ohio
Once child custody has been determined, unless one parent has sole custody, one would think that most jurisdictions request the parties enter into a parenting plan. This is not the case in Ohio. A party must request that shared parenting be considered or typically the courts will not award it. A shared parenting plan lays out what is expected of each parent to provide the child with the physical and mental stability they need to prosper. It can address everything from where a child lives, the visitation schedule with the parents, to the religion they will be exposed to. Once the shared parenting plan is adopted by the Court, it then becomes Court Order.
It is extremely important that every parent have a qualified Ohio Custody attorney like Daniel F. Getty of Centerville, Ohio to review and prepare your shared parenting plans. They are extremely important and become the framework of your future with your children.
Determining Custody in Ohio
When a court reviews a case it has many factors to consider by law in determining custody verse shared parenting. Unfortunately, many times it takes a qualified attorney who will fight for your and your child's rights to convince the Court that shared parenting is best. Don't take it for granted that just because you have been a good parent that you will automatically receive equal rights to your children.
Contact a Child Custody Lawyer in Ohio Today
If you are facing a child custody issue, make certain your rights are protected by hiring a lawyer with experience in child custody disagreements. Daniel Getty based in Centerville, Ohio has 20 plus years in these cases, contact Getty Law Office, LLC in Ohio today by using our online form or calling us directly at 937-610-5940.