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Understanding the different types of custody in Ohio

On Behalf of | Jan 22, 2025 | Child Custody |

Custody matters are frequently the most emotional issues parents need to address when they divorce. Regardless of how they feel about one another, both parents likely deeply love and care for their shared children.

It can be very difficult for parents to find common ground in a shared custody scenario. Instead, they may waste time and energy fighting with one another in pursuit of terms that the courts are unlikely to grant.

Parents who understand how the Ohio family courts approach custody matters can make more informed decisions throughout custody negotiations. What are the different types of custody that parents need to understand to protect their relationships with their children?

Legal and physical custody

Parents generally have a responsibility to be physically present to meet the needs of their children. They have to provide them with shelter, clothing, nutrition and basic healthcare. Physical custody refers to parenting time and the responsibility to meet the basic needs of minor children.

Legal custody can be equally important. Legal custody refers to the decision-making power that parents of minor children have. Parents decide what medical care their children need and what provider they visit. They decide what religion their children observe and what school they attend. Legal custody can be as important as physical custody when considering the long-term outcome of parenting efforts.

Shared or joint custody and sole custody

Shared or joint custody involves parents working cooperatively to raise their children. Sole custody arrangements empower one parent to physically care for the children or make decisions on their behalf.

In most family law cases, the courts prefer shared or joint arrangements. A 50/50 split can occur, but the courts may also grant one parent more time than the other in a shared custody scenario.

Sole custody is relatively uncommon in litigated custody cases. A parent pursuing sole custody needs compelling evidence that limiting the other parent’s control over or time with the children is in their best interests.

Frequently, sole custody arrangements are the result of negotiations between the parents rather than litigation. Most of the time, there is a presumption that keeping both parents as actively involved as possible is the best custody arrangement for the children in the family.

Learning the basics about child custody can help those preparing to negotiate with a spouse or attend a hearing in family court. Shared physical and legal custody is common in litigated custody cases, but parents can always reach their own arrangements that better meet the needs of their children.