Parenting and Child Custody

John L. Heilbrun has over 30 years of experience helping clients with family and marital law problems including divorce, dissolution, Collaborative Divorce (Collaborative Law), Child Custody, Shared Parenting, Spousal Support/Alimony, Property and Debt Division, Paternity cases and Post Decree problems.

With conveniently located offices in both the Hyde Park and Blue Ash areas of Cincinnati, John Heilbrun offers representation to people experiencing such problems in Hamilton, Butler, Clermont and Warren Counties.

The most critical and important issue incident to the termination of a marriage is usually the manner in which parents are going to allocate between themselves their rights and responsibilities involving their minor children. In addition, the issue of child custody and parenting rights and responsibilities needs to be resolved in cases of parents who have children but are not married (Paternity cases). 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 in 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 parent is designated the residential parent and legal custodian of the minor children, the other parent 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 upbringing 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 specified 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 obtain 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 parenting 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 such a Plan is in the children's best interest. It is important to note that shared parenting does not necessarily, nor usually, mean that the children will reside for equal periods of time with each parent.


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 which include: the wishes of the parents; the wishes of the children; the children's interaction with parents, siblings and other persons who may significantly affect the children's best interest; the children's adjustment to home, school and community; the mental and physical health of all persons involved; the parent more likely to honor and promote the children's relationship with the other parent; whether a parent has been convicted of domestic violence or child abuse, and other factors. In addition, in considering whether to grant shared parenting in a contested case, the Court must consider the ability of the parents to cooperate and make decisions jointly with regard to their children, and the ability of each parent to encourage the sharing of love, affection and contact between the child and the other parent. If parenting is at issue in a case, the Court may 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, and the parties' 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 emotionally charged and stressful. They require a high degree of experience and skill on the part of counsel. John Heilbrun has that experience and skill.