Ohio custody laws are found in Title 31 of the Ohio Revised Code. Parents in a custody situation need to use these laws to guide them through the custody process. Here is a brief overview of some of the important statutes.
Chapter 3109.04 of the law requires parents who are separating or divorcing to come up with an Ohio parenting plan that shows how the parents will continue to take care of their children physically and legally. This plan can also be called an Ohio custody agreement.
Section A of 3109.04 of the law specifies that the court has the authority to make decisions about parental responsibilities and rights concerning their minor children. The court must approve any parenting plan or custody agreement. The court that handles custody matters is the county court. Parents should contact or visit that court to find more specific information for their county.
Section B-1 of the same chapter of law states that all of the child custody decisions must be made in the best interest of the child. This especially applies to an Ohio custody schedule. In order to approve a custody schedule, the court must consider the following factors to make sure it is in the best interest of the child: the interaction between the parents and the child; the interaction between the child and the child’s siblings; the adjustment of the child to home, school, and community; and if the parent’s have been able to cooperate or honor previous agreements. An Ohio visitation schedule needs to incorporate these factors and help fulfill the child’s needs.
Section D of chapter 3109.04 in the Ohio Revised Code deals with getting a plan or schedule accepted by the court. Parents who work together and submit a plan jointly have an easy time getting the court to approve it. If the parents are not able to agree, the court will determine the custody arrangements. Each parent should prepare a proposed plan to show the court, and the judge will decide what is best for the child. Once a plan becomes a custody order, it is legally binding and the parents must follow it. Changes can only be made to the plan by going through the court.
