How Courts Decide Parental Rights and Responsibilities in Custody Cases
Family law courts are focused on one central concern: what is in the best interest of the child. However, deciding custody isn’t as straightforward as it may seem. Courts must weigh numerous factors to allocate parental rights and responsibilities fairly, often examining the unique circumstances of each family.
When parents face the difficult process of separating or divorcing, determining how parental rights and responsibilities will be allocated is one of the most emotionally charged issues.
At our family law firm, Heckert & Moreland Co. LPA, Mitch Moreland and Chris Heckert work closely with clients in Columbus and across central Ohio to help them understand how courts make these critical decisions.
Whether you’re seeking shared parenting or sole custody, having a family lawyer guide you through the legal process is essential. Contact Heckert & Moreland Co. LPA in Columbus, Ohio, today to discuss your custody case and learn how we can advocate for your parental rights and your child’s best interests.
Legal Custody Versus Physical Custody
Courts distinguish between two primary types of custody: legal custody and physical custody. Each defines a different set of parental rights and responsibilities.
Legal custody refers to the right to make important decisions regarding a child’s upbringing. This includes decisions about education, healthcare, religious practices, and extracurricular activities.
Physical custody involves where the child lives and who is responsible for their day-to-day care.
Ohio courts may award:
Sole legal custody: One parent has the exclusive right to make major decisions.
Shared legal custody: Both parents collaborate on major decisions.
Primary physical custody: The child resides with one parent most of the time.
Shared physical custody (shared parenting): Both parents have significant periods of physical custody.
The combination of legal and physical custody arrangements determines the overall parental responsibilities post-divorce or separation.
The “Best Interest of the Child” Standard
Ohio courts always focus on what arrangement serves the child’s best interests. To reach this decision, judges evaluate several statutory factors:
Parental wishes: Courts take into account each parent’s proposed custody arrangement and their willingness to cooperate.
Child’s adjustment: This includes the child’s adjustment to home, school, and community.
Health of all parties: The physical and mental health of the child, parents, and other household members is examined.
Parent-child relationship: Courts look at the bond between the child and each parent, as well as the parent's ability to provide emotional and physical care.
Past parental behavior: The court considers each parent’s past involvement in child-rearing, including care responsibilities and decision-making roles.
Stability of environment: Courts aim to provide the child with a stable living arrangement and minimize disruptions.
Child’s wishes: If the child is of sufficient age and maturity, their preferences may be considered.
History of abuse or neglect: Any evidence of domestic violence, child abuse, or substance abuse heavily influences custody decisions.
Every custody case is different. The court doesn’t automatically favor one parent over the other based on gender or traditional caregiving roles. Instead, the focus remains squarely on the child’s welfare.
What Courts Look For When Deciding On Shared Parenting or Sole Custody
Parents often prefer shared parenting arrangements because they allow both parties to remain actively involved in their child’s life. However, courts will only approve a shared parenting plan if it serves the child’s best interests.
Factors that support shared parenting arrangements include:
Parental cooperation: Both parents must demonstrate an ability and willingness to communicate effectively and resolve conflicts.
Proximity of residences: Living close to one another makes shared parenting more practical and less disruptive to the child’s routine.
Consistent parenting styles: Courts favor shared parenting when parents have compatible approaches to discipline, education, and healthcare.
Demonstrated involvement: Both parents should have a history of being involved in the child’s daily activities, schooling, and medical care.
However, this solution isn’t the best option for some situations.
When Sole Custody May Be Awarded
While shared parenting is often ideal, sole custody may be necessary in certain situations:
History of abuse or neglect: Courts won’t place a child in a joint arrangement with a parent who poses a risk of harm.
Severe parental conflict: If parents are unable to communicate without hostility, sole custody may be the safer, more stable option.
Substance abuse issues: A parent struggling with addiction may be limited to supervised visitation.
Parental relocation: If one parent plans to move far away, shared physical custody may not be feasible.
In these scenarios, the court may still grant visitation rights to the non-custodial parent unless doing so would endanger the child.
Parenting Time and Visitation Schedules
In custody cases, courts also establish a parenting time schedule (formerly known as visitation). A family lawyer helps parents negotiate a fair schedule that accommodates both parties while prioritizing the child’s routine.
These factors may affect visiting times:
Parents’ work schedules: Courts will design parenting time that accommodates each parent's availability.
Child’s school and extracurricular activities: Parenting time must allow the child to maintain educational and social stability.
Age of the child: Younger children may benefit from shorter, more frequent visits, while older children can handle extended stays.
Geographic distance between parents: When parents live far apart, long-distance visitation arrangements (such as extended holidays and summer breaks) may be necessary.
Parenting time schedules can be adjusted over time as the child grows and family circumstances change.
Modifying Custody Orders When Circumstances Change
Custody arrangements aren't always permanent. Courts recognize that life circumstances evolve, and modifications may become necessary.
Here are some reasons to modify custody orders:
Parental relocation: A parent moving to a distant location may require a change in custody or visitation arrangements.
Change in children's needs: As children grow older, their educational, medical, or social needs may shift.
Parental misconduct: If a parent engages in harmful behavior such as substance abuse, criminal activity, or neglect, custody may need to be reassessed.
Change in parental availability: A significant change in a parent's work schedule or health may necessitate a modification.
To modify an existing custody order, the requesting parent must demonstrate a “substantial change in circumstances.” Additionally, the proposed modification must serve the child’s best interests. A family lawyer can help present evidence and argue for or against modification based on current facts.
Guardian ad Litem in Custody Cases
In certain custody disputes, the court may appoint a Guardian ad Litem (GAL). The GAL’s role is to represent the child’s interests during the proceedings.
A Guardian ad Litem performs these functions:
Conducts home visits: The GAL evaluates each parent’s home environment and living conditions.
Interview parties: This includes speaking with the child, parents, teachers, and other relevant individuals.
Reviews records: The GAL may examine school records, medical records, and any reports of abuse or neglect.
Provides a report to the court: The GAL submits a recommendation regarding custody and visitation based on their investigation.
While the GAL’s report is influential, the final custody decision rests with the judge. A family lawyer can help address any concerns raised by the GAL and advocate for a fair outcome.
Frequently Asked Questions About Custody Decisions
Can a child choose which parent to live with?
While a child’s wishes may be considered, especially if they’re older and mature, the final decision is based on what the court believes is in the child’s best interest.
Is shared parenting always 50/50?
Not necessarily. Shared parenting means both parents have input in decision-making, but physical custody doesn’t have to be divided equally. Courts may approve a shared parenting plan with unequal time splits.
What happens if parents can't agree on custody?
If negotiations fail, the court will decide custody after a hearing. A family lawyer is essential in preparing and presenting your case effectively.
Can custody be changed after the divorce is finalized?
Yes. If there’s a substantial change in circumstances affecting the child’s welfare, custody orders can be modified through a court petition.
Do grandparents have custody or visitation rights?
Under certain conditions, Ohio courts may grant visitation rights to grandparents, but it depends on the family situation and the child’s best interests.
Speak to a Family Lawyer Today
Child custody decisions are some of the most important determinations made during a divorce or separation. Courts strive to create arrangements that serve the child’s best interests, but the process can be legally and emotionally challenging. If you’re facing a custody dispute or need help modifying an existing order, our staff at Heckert & Moreland Co. LPA is here to support you.
Our family lawyers, Mitch Moreland and Chris Heckert, provide knowledgeable and compassionate representation to clients in Columbus and across central Ohio. Contact our firm today to schedule a consultation and protect your parental rights while prioritizing your child’s well-being.