Parenting and Child Custody

John Heilbrun has 30 years experience helping clients with family, marital and domestic law problems including divorce, dissolution, property division, alimony/spousal support, parenting/child custody issues, visitation issues, child support and post-decree matters.

Usually, the most critical issue incident to the termination of a marriage is the manner in which parents are going to allocate between themselves their rights and responsibilities involving their minor children. In addition, the allocation of parental rights and responsibilities is an issue to be resolved in cases of parents who have children but are not married. The basic legal principles and issues are essentially the same whether the parents are married or not. If the parents are married, these issues are usually going to be decided in Domestic Relations Court in conjunction with Dissolution or Divorce proceedings. If the parents are not married, these issues are going to be determined by the Juvenile Court.

In Ohio, there are essentially two ways that rights and responsibilities involving minor children can be allocated between the parties:

1. Residential Parent/Legal Custodian

If one party is designated the residential parent and legal custodian of the minor children, the other party will be the non-residential parent. Generally, the residential parent will have the right and responsibility to make all major decisions involving the children including where they will attend school, the choice of their physicians and other health care providers, their religious education and general matters of discipline. In addition, in most cases, the children will primarily reside with the residential parent. The non-residential parent will have the right to have parenting time with the children pursuant to a schedule, either agreed to by the parties or ordered by the Court, including a weekly or other periodic schedule, as well as a schedule for holidays and extended/vacation time. The non-residential parent also has certain rights to access to information about the children including matters related to their health care, education and activities. In most cases, the non-residential parent will be required to pay child support for the children to the residential parent.

2. Shared Parenting

Shared parenting is a legal status pursuant to which the parties share rights and responsibilities involving the care of their children and agree to work together and cooperate in making certain decisions regarding their children. The particular terms and provisions of shared parenting depend exclusively upon the provisions which are set forth in the Shared Parenting Plan adopted by the Court. The Shared Parenting Plan must address a variety of issues including allocation of time, which parent's residence shall be considered the children's residence for school purposes, other school related issues, the obligation to provide health/medical insurance for the children, the manner in which decisions concerning the children's health and medical treatment shall be made by the parties, child support and religion. The parties may either jointly enter into such a Plan and ask the Court to approve and adopt the same as being in the children's best interest, or either party may submit their own Plan to the Court. In the latter case, the Court must determine, following a trial, whether the Plan submitted by either or both parties is in the children's best interest.

It is important to note that shared parenting does not necessarily, nor usually, mean the parents will each spend an equal amount of time with the children.

3. Factors and Procedures in Contested Custody Cases

In making decisions concerning the allocation of parental rights and responsibilities, the Court is required to determine what allocation is in the children's best interest. The Ohio Statute addressing the allocation of parental rights and responsibilities sets forth various factors that the Court must take into consideration in making this determination.

If parenting is at issue in a case, the Court will order an investigation to be conducted by a parenting specialist. The parenting specialist will meet with the parents and the children, conduct whatever additional investigation may be necessary under the circumstances, and ultimately prepare a detailed report which will be submitted to the Judge, the parties and their attorneys. Usually, the parenting specialist will make a recommendation as to the allocation of parental rights and responsibilities that the parenting specialist believes is in the children's best interest. The ultimate decision, however, is up to the Judge, and the Judge is not required to follow the recommendations of the parenting specialist.

Contested custody cases are almost always extremely emotionally charged and stressful. They require a high degree of experience and skill on the part of counsel. I have that experience and skill.