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Allocation of Parental Rights & Responsibilities (Custody in Ohio)

morguefile picAllocations of parental rights and responsibilities formerly referred to as “custody” are made in all divorces, dissolutions and legal separation where there are minor children that are not the subject of another court’s orders. Allocations are made consistent with the requirements and guidelines set forth in R.C. 3109.04. Specifically, the court will consider what is in the best interest of the minor child(ren), including:

  • (a) The wishes of the child’s parents regarding his care;
  • (b) If the court has interviewed the child in chambers pursuant to division (B) of this section regarding the child’s wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, the wishes and concerns of the child, as expressed to the court;
  • (c) The child’s interaction and interrelationship with his parents, siblings, and any other person who may significantly affect the child’s best interest;
  • (d) The child’s adjustment to his home, school, and community;
  • (e) The mental and physical health of all persons involved in the situation;
  • (f) The parent more likely to honor and facilitate visitation and companionship rights approved by the court;
  • (g) Whether either parent has failed to make all child support payments, including all arrearages, that are required of that parent pursuant to a child support order under which that parent is an obligor;
  • (h) Whether either parent previously 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; whether either parent, in a case in which a child has been adjudicated an abused child or a neglected child, previously has been determined to be the perpetrator of the abusive or neglectful act that is the basis of an adjudication; whether either parent previously has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding; whether either parent previously has been convicted of or pleaded guilty to any offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding and caused physical harm to the victim in the commission of the offense; and whether there is reason to believe that either parent has acted in a manner resulting in a child being an abused child or a neglected child;
  •  (i) Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent his or her right to visitation in accordance with an order of the court;
  • (j) Whether either parent has established a residence, or is planning to establish a residence, outside this state.”

Jamie L. Anderson dedicates her practice to representing families through the changes of a divorce or dissolution.  She has made herself one of the Miami Valley’s most prominent matrimonial attorneys and will use her experience to secure your family, your finances and your future.  Contact Jamie L. Anderson at (937) 879-9542 or visit www.OhioDivorceAttorney.com to learn more.

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