Understanding Shared Parenting And Child Custody Arrangements
When you are facing a major family change, such as divorce, your child’s world can feel like it is spinning out of control. But when done properly, the custody agreement contained in your divorce decree can act as a road map, restoring a sense of stability and routine for your little ones. At Tibaldi Law, I combine my deep local experience in the Lake County courts with the discipline and attention to detail I gained as a military service member. This unique background allows me to be a powerful advocate for your child’s future, ensuring that their needs remain the priority throughout the legal process.
Defining ‘Best Interests Of The Child’
In Ohio, judges use a specific legal standard called the “best interests of the child” to determine custody. This means the court looks at several factors to decide which family law arrangement will truly help the child thrive.
When a judge reviews your case, they often consider:
- The wishes of the parents regarding the child’s care.
- The child’s wishes following an in camera (private) interview, provided they determine the child has sufficient reasoning ability.
- The child’s relationship with parents, siblings and other family members.
- How the child has adjusted to their current home, school and community.
- The mental and physical health of everyone involved.
- Which parent is more likely to honor and facilitate the other’s parental rights.
- Any history of domestic violence or child neglect.
I will sit down with you to review every detail of this standard to see how it applies to your situation.
Custody Options In Ohio
There are several ways to structure legal custody and physical living arrangements. The most common arrangement is known as shared parenting, where both parents are designated as ‘residential parents’ and share decision-making responsibilities. This does not automatically mean that the child will spend exactly 50% of their time with each parent. On the other hand, if one parent is designated the sole residential parent and legal custodian, they hold the primary legal right to make major decisions.
I shape my strategy based on your specific goals for your family’s future, and I believe in listening first to understand your aspirations. I will advise you on the legal strategies and evidence necessary to advocate for the arrangement that serves your child’s best interests. My goal is to create a sustainable parenting plan that avoids future conflict.
Child Custody 101: Answers To Important Questions
Custody questions feel especially upsetting when you cannot get clear answers. Here are answers to three common questions I hear at my office in Mentor.
What can I do if I disagree with the judge on the best interests of my child in a divorce?
If you disagree with a proposed finding, I can present evidence – such as testimony or school records – to support your position. However, once a judge makes a final ruling in a divorce, you must follow that order unless it is legally overturned or modified.
What is the difference between shared parenting and sole custody?
Shared parenting means both parents share legal decision-making power, even if the child lives primarily with one person. Sole custody means only one parent has the legal right to make major decisions regarding health care, education and religion.
Can a child custody agreement be changed after it is finalized?
Yes, provided there is a ‘change in circumstances’ and the court finds that the benefits of the change outweigh any potential harm to the child, you can ask the court to modify the existing order to better reflect the child’s current needs.
Get Accurate Answers To Your Custody Concerns
Do not let your worries about your children keep you up at night. I offer a “safe harbor” where you can get the facts without the chaos. Contact my office in Mentor at 440-220-4171 or use my online contact form to set up a case consultation. I proudly serve families throughout Lake, Cuyahoga, Geauga and Ashtabula counties.