3 Types of Custody
Sole Physical Custody
Sole physical custody is when one co-parent is holding the day-to-day care responsibilities for the child. This co-parent is referred to as the custodial parent and the primary residence of the child. The other co-parent is often given visitation rights to the child, which may vary depending on the court’s observations.
Only in extreme cases does the other co-parent receive no visitation rights. Unmarried mothers are automatically given sole physical and sole legal custody of their child unless Ohio child custody laws and courts provide clear evidence not to approve this. In which case a child custody lawyer can help.
Joint Physical Custody
Joint physical custody is when both co-parents are acting as primary caretakers of the child. This means the child is a resident of both households.
The details of this arrangement are determined by the court’s custody order with the help of their child custody lawyer. However, this does not mean that parenting time is split in half, the percentage of time that each co-parent spends with each co-parent is determined by the court based on their judgment of what is best for the child.
In order for joint physical custody to be granted, Ohio child custody laws require that one co-parent submit a shared parenting plan to the court. An experienced child custody lawyer can help you propose a shared parenting plan that is best for your child(ren). The court may then review this plan and determine whether or not it is in the best interest of the child. If no parenting plan is submitted, the court will designate one co-parent as the custodial parent.
Joint legal custody means that both co-parents are actively involved in the decision-making process for the child, such as for educational, health, and religious decisions. Joint legal custody is seen as being in the best interest of the child since both co-parents are actively involved in parenting the child.
Sole legal custody is typically only used in extreme cases and is not preferred by the courts.
Ohio Child Custody Factors
The factors below are used by the court while determining custody orders.
- The child’s preferences between co-parents. This is only taken into account if the courts see the child as being of a certain age and displaying a certain level of maturity.
- The observations of the personal relationships between the child and each co-parent.
- The child’s current school and personal situation, meaning how well the child would be able to adapt to a change in location.
- The mental and physical health of each co-parent and their abilities to care for a child.
- The court will take into account any criminal record or offense committed by either co-parent.
Protecting Your Parental Rights with a Child Custody Lawyer
An individual’s parental rights refer to his or her ability to make important decisions and take specific actions on behalf of his or her children. It is generally accepted that parental rights are automatically transferred to biological parents, adoptive parents, foster parents, as well as legal guardians in some cases.
Typically, parental rights include the following:
- Take legal and physical custody of a child or children
- The right to visitation and contact with a child or children
- The power to make decisions regarding important aspects of their lives such as
- Medical treatments
- Pass property to a child or children through inheritance
- Enter into a contract on behalf of a minor child or children
The purpose of parental rights is to protect and ensure a child’s wellbeing. Different states have different laws that define parental rights. Regardless, all courts interpret parental rights based on the child’s best interests. Hire a child custody lawyer to protect your parental rights.