Custody

A judge will make a decision about parental rights and responsibilities based on what s/he thinks is in your child’s best interests. The judge will look at any factor that s/he thinks is important to make this decision.

According to Ohio law, when determining what is in the best interests of the child, the judge will look at the following factors:

1. the wishes of the child’s parents regarding the child’s care;
2. the child’s preference for who s/he wants to live with, if the judge interviewed the child;
3. the relationship the child has with his/her parents, siblings, and any other person that might significantly affect the child’s best interests;
4. the child’s adjustment to the child’s home, school, and community;
5. the mental and physical health of everyone involved;
6. which parent is more likely to honor and assist with court-approved parenting time rights or visitation and companionship rights;
7. whether either parent has failed to make child support payments that s/he was ordered to make;
8. whether either parent, or any member of the parent’s household, has been convicted of, or pleaded guilty to, any criminal offense involving any act that resulted in a child being an “abused child” or a “neglected child;”
9. whether any court determined that either parent has abused or neglected a child, not just a criminal court, or whether there is any reason to believe that either parent abused or neglected a child;
10. whether either parent, or any member of the parent’s household, has been convicted of, or pleaded guilty to, domestic violence, a sexually-oriented offense against someone who is a member of the family or household involved in the custody case, or any crime that resulted in physical harm against someone who is a member of the family or household involved in the custody case;
11. whether either parent has continuously and willfully denied the other parent’s right to parenting time under a court order; and
12. whether either parent has established a residence, or is planning to establish a residence, outside of the state.¹

Note: The judge must not give preference to a parent because of that parent’s financial status when deciding parental rights and responsibilities.²

¹ Ohio Rev. Code § 3109.04(F)(1)
² Ohio Rev. Code § 3109.04(F)(3)