Child Custody and Support

Ohio family law firm can help resolve child custody disputes

When parents separate or divorce, disagreements often occur over which parent the child or children live with and how much visitation the other parent is entitled to.  The disputes need not be litigated in court if the parents can come to some mutual agreement.  If you are in a dispute with your ex or soon-to-be-ex over child custody, do not despair.  A Babbitt and Weis LLP attorney can help resolve the dispute.

With over 40 years of combined experience, our family law attorneys are skilled negotiators in custody disputes.  We negotiate aggressively with your spouse, your ex, or his or her attorney, to reach a resolution in your favor.  But if the dispute cannot be resolved with negotiation, we take your dispute to court.

In Ohio, a judge makes child custody decisions using a standard known as best interest of the child.  To determine parental rights and responsibilities, the judge considers:

  • The wishes of the child's parents regarding the child's care
  • The wishes and concerns of the child, as expressed to the court (if the child is of sufficient age)
  • The child's interaction and interrelationship with his or her parents, siblings, and any other person who may significantly affect the child's best interest
  • The child's adjustment to his or her home, school, and community
  • The mental and physical health of all involved persons
  • The parent more likely to honor and facilitate court-approved parenting time rights for visitation and companionship rights
  • Whether either parent has failed to make all child support payments
  • Whether either parent has been convicted of or a has been a perpetrator of child abuse or neglect
  • Whether one parent has continuously denied the other parent visitation rights
  • Whether either parent lives out of state or plans to move out of state

If either parent requests joint custody, called shared parenting in Ohio, the judge takes into account these additional factors:

  • The ability of the parents to cooperate and make child-related decisions jointly
  • The ability of each parent to encourage the sharing of love, affection, and contact between the child and the other parent
  • Any history or potential of child abuse, spousal abuse, domestic violence, or parental kidnapping by either parent
  • Whether shared parenting is geographically feasible
  • The recommendation of the guardian ad litem of the child, if the child has a guardian ad litem (an attorney or other individual appointed by the court to represent the best interests of a child)

After the judge signs the allocation of parental rights and responsibilities order and it is filed with the court clerk, both parents are bound by it.  The order may be modified only if a change of circumstances has occurred and a modification is necessary to serve the best interest of the child.

How child support is determined in Ohio

In Ohio, child support is calculated as a percentage of both parents' gross income in relation to the number of children being supported unless the parents' combined gross income is less than $6,600 or more than $150,000.

When a judge issues an order of child support, the judge also issues an order requiring the paying parent's employer to withhold the amount of child support from the parent's paycheck and to pay that amount directly to the Bureau of Child Support Payment Central.  If the paying parent is self-employed, the judge may issue an order requiring the paying parent to post a cash bond with the court.  Portions of workers compensation benefits and retirement benefits may also be withheld to satisfy a child support obligation.

An Ohio child support order can be modified if there has been a change in the circumstances of the child or the parent, such as a substantial increase or decrease in the paying parent's income or a change in the needs of the child.

Let our lawyers help you with child custody, support, or other family law matter

Speak to a Babbitt & Weis LLP family law attorney by calling 614-228-4200 or contact us online.  We represent clients throughout the Columbus, Ohio metropolitan area, including Delaware, Fairfield, Licking, Franklin counties and statewide.