Dealing with a child custody issue can take its toll on you. With this uncertainty, it can be difficult when the other parent is not living up to their responsibilities. So, how do you deal with a child custody issue in Ohio? Here is what you need to know to proceed and handle any problems with confidence.
Get to Know Ohio’s Child Custody Laws
The Ohio courts focus on what’s best for the child, and custody is divided into two main categories:
- Legal custody: The right to make major decisions about your child’s life, including education, healthcare, and religion.
- Physical custody: This is where your child lives and who takes care of their daily needs.
Custody can be awarded to just one parent. In those cases, one parent has full legal and physical custody. However, the court system prefers shared parenting or joint custody. With that, both parents stay involved in the child’s life. However, the court may award sole custody if shared parenting isn’t in the child’s best interests, such as issues with parental neglect or abuse.
But what happens when there is an issue? There are several steps you may need to take to get a resolution.
If the Other Parent Violates the Custody Agreement
If the other parent does not abide by the court-ordered custody agreement, you have to take action. Some of these violations can include:
- Refusing to allow visitation
- Not following the agreed-upon schedule
- Withholding the child
Sometimes, these are just misunderstandings or miscommunications. They can be resolved with a conversation. However, if you cannot get anywhere with the other parent, you need to keep documentation. Make sure to keep records of any violations, including dates, times, and how the situation impacted your parenting time.
Mediation may be needed, but it does not always resolve the problem. In that case, you may need to file a motion with the court asking them to enforce the custody order. The court may hold the other parent in contempt.
If You Need to Modify the Custody Arrangement
Life circumstances can change. You may need to modify your custody arrangement. If something happens that affects your ability to care for your child or your child’s well-being, you can request a modification. Some reasons for modifying custody could include:
- A change in your or the other parent’s work schedule or location
- Health issues that affect your ability to care for the child
- A change in the child’s needs, such as needing a different school or living environment
- The child’s preferences if they are old enough and able to express their wishes
The court may schedule a hearing. They will review the motion and decide whether the custody agreement should be modified. Both parents will have the opportunity to present their case. The judge makes a decision in the child’s best interest in these situations.
If You Can’t Reach an Agreement on Issues
If you and the other parent cannot reach an agreement, you may need to go to trial. While this can be intimidating, it can give you the best chance for a fair outcome. Under these circumstances, you will want to have an experienced lawyer on your side. These legal professionals can guide you on your next steps. In turn, they can assist with organizing your case and advocating for your child’s best interests.
Get Legal Help for Your Child Custody Issues
Dealing with a child custody issue in Ohio can be stressful. If you face violations, disagreements, or changes in circumstances, you need to take specific steps to fix the problem. You want what is best for the child, and when the other parent fails to abide by the rules, you may need to take legal action.
If you find yourself in that situation, Hunt Law LLC can assist. When you are ready to schedule a free consultation, please contact us at 330-469-9836.