For some families, settling custody matters is simple. The parents try to keep everything as even and stable as possible. Other times, parents may disagree about the best way to allocate parenting time and decision-making authority.
One parent may feel concerned about the other’s ability to meet the needs of the children. Some parents even use their children as weapons in an attempt to punish one another. In scenarios where parents cannot amicably reach reasonable arrangements for custody matters, their disagreements may require the review of the courts. Family law judges hearing contested custody cases in Ohio have to consider several factors when deciding what is fair and appropriate for the family.
The focus is always on the children
Some parents become very insistent on expressing their wishes and preferences during custody litigation. While judges do consider the needs and rights of the parents, the final custody order should always focus on what is best for the children.
Judges have to take several key factors into consideration when deciding the best way to divide parental rights and responsibilities. First and foremost, judges need to understand the needs of the children. Especially in scenarios where children have special needs, judges need information about the children’s medical, social and educational needs.
They look at the existing relationships between the parents and the children. They consider the ability of the parents to meet the children’s needs. Factors including health and financial stability can influence how judges divide parental rights and responsibilities.
They may also consider the child’s preferences in some cases. Judges communicate with the child to see how mature they are and how well-reasoned their preferences are. They then decide how much weight to give the child’s wishes regarding parenting time and living arrangements.
Judges may consider prior criminal convictions and issues with substance abuse as well as domestic violence when deciding how to allocate parental rights and responsibilities. Usually, judges try to give each parent a reasonable amount of parenting time and decision-making authority.
In most cases, judges reach the conclusion that keeping both parents actively involved is best for the children. However, unstable situations involving addiction, domestic violence, mental health challenges or medical concerns may inspire a judge to give one adult more time or authority than the other.
Parents pushing for an uneven allocation of parental rights and responsibilities may need documentation to support their assertion that such arrangements are beneficial for the children. Understanding how Ohio family law judges handle child custody issues can help parents prepare for negotiations and hearings in family court.