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Legal Information: Ohio

Custody

Updated: 
January 12, 2021

What factors will a judge consider when deciding whether to grant “shared parenting” (joint custody)?

When deciding if shared parenting is in the best interest of the child, the judge will consider all of the following:

  1. all of the factors mentioned in How will a judge make a decision about parental rights and responsibilities (custody)?
  2. the ability of each parent to cooperate and make decisions jointly, with respect to the children;
  3. the ability of each parent to encourage the sharing of love, affection, and contact between the child and the other parent;
  4. any history of, or potential to commit, child abuse, spouse abuse, other domestic violence, or parental kidnapping by either parent;
  5. how far apart both parents live from each other in order to see if shared parenting would be practical; and
  6. the recommendation of the guardian ad litem of the child, if the child has one.1

The court may also consider other relevant factors when deciding if shared parenting is appropriate. To read more about these factors, you can see the law on our Selected Ohio Statutes page.

1 Ohio Rev. Code § 3109.04(F)(2)