Ohio Child Custody Factors
For custody determination:
- Wishes of the child’s parents regarding the child’s care.
- Wishes and concerns of the child, as expressed to the court in chambers.
- Child’s interaction and interrelationship with the child’s parents, siblings, and any other person who may significantly affect the child’s best interest.
- Child’s adjustment to the child’s home, school, and community.
- Mental and physical health of all persons involved in the situation.
- Parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights.
- 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.
- Child abuse or neglect.
- Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent’s right to parenting time in accordance with an order of the court.
- Whether either parent has established a residence, or is planning to establish a residence, outside this state.
- Ability of the parents to cooperate and make decisions jointly, with respect to the children.
- Ability of each parent to encourage the sharing of love, affection, and contact between the child and the other parent.
- Any history of, or potential for, child abuse, spouse abuse, other domestic violence, or parental kidnapping by either parent.
- Geographical proximity of the parents to each other, as the proximity related to the practical considerations of shared parenting.
- The recommendation of the guardian ad litem of the child, if the child has a guardian ad litem.
- The court shall not give preference to a parent because of that parent’s financial status or condition.
Ohio Revised Code Sec. 3109.04(F)(1)
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Comments
Comment from Robert Pina
Time: January 26, 2008, 4:06 am
is there any help here in Ohio for us alienated unwed fathers? I keep running into walls and no results. I am getting close to just going to find her and take our daughter from her mother to be a Dad to our little girl.
Comment from papa
Time: January 29, 2008, 11:11 am
Robert, do not … I repeat… DO NOT just go out and take your daughter from mom!!! You will not end up being a Dad to your little girl as you say. You will end up in jail, and, believe me, there’s probably nothing that your x wants more than that…… what you need to do is harness your resources and hire a good lawyer to fight for your daughter’s best interest…. if you don’t have the money for a lawyer, borrow it from family and friends…… if you don’t have family or friends, seek out legal aid… see a lawyer who has a free consultation… seek out fathers rights groups and mens groups… do not take the law into your own hands… you will not get good results that way!
Comment from Robert diller
Time: March 3, 2008, 12:53 am
I am an unmarried father that has just broke up with my childs mother. She has filed false domestic violence charges on me and the police came and took my kid. She put a TPO on me and has controll of my business and money. I know for a fact that my son is in a danderous situation due to the crowd she assosiates with(Drugs) She has wanted fellons watch my son and I dont even know where he is from night to night. I cant sleep or even afford a lawyer at this time. I left her, but not my son who truly needs me. Help!!!
Comment from papa
Time: March 5, 2008, 11:03 pm
Robert Diller,
I also had a bogus restraining order filed against me some years back. That’s how my x got custody… and, I haven’t been able to take it from her. Based upon your comment, I’d say you have a chance of showing a Judge that you are the best interest of the child.
I also know what it’s like to not be able to sleep.
But, I know of a forum that may help you. Read this post.
Robert, hang in there and don’t give up. If possible, come back and post an update.
Comment from shawn
Time: March 12, 2008, 5:42 pm
My ex got the papers for court in the mail 2 weeks ago and wont let me see my little girl i am flipping out cant understand how ohio just says wait she is only 9 months and if i dont see my child take her first step i will lose it. i have an atterny but she says there is nothing i can do we filed an emegecny hearing and i havent heard anything back what can i do 2 see my child
Comment from papa
Time: March 12, 2008, 8:29 pm
Dear Shawn,
I don’t fully understand your comment. I do understand that your ex isn’t letting you see your child now. Is there an existing visitation order that she is violating? If so, that could possibly mean trouble for her. Check out this post for more help.
best wishes and good luck
Comment from shawn m
Time: March 29, 2008, 12:28 pm
5/14/07 my fiance took our 3 children and walked out to live at her boyfriends moms house with him.because i told her to stop cheating and be a mother.well since it has been pulling teeth to even get her to bring them to scheduled court ordered visitations especialy proned to cancelling on holidays and birthdays.we werent married. I raised all 3 of our babies for last 6 years 24/7 365. now i dunno what to do.i lost my car,apartment and will to live. i am practicaly homeless.i can not function without my children it is my life.i cant focus.she demanded child support of me and i am in errage cos i am laid off.she got a restraining order on me 2 weeks after leaving in an attempt to thwart visitation with my children cos she wants me to dissappear completely cos she couldnt cheat and run off leaving me alone with them.i dunno wtf to do honestly.trying to get more employment atm.june the protection order expires.if i am caught up on support and stable in living arrangements i can finaly go to court to change visitation from 2 hours a week? that is all they could force her to do,and she has been very very very uncooperative.and in contempt by not giving contact informations as ordered to the visitation facility.what can i do? how can i get to see my babies regularly maybe even daily? i can not live without that .
Comment from papa
Time: March 29, 2008, 8:52 pm
Shawn, did you go over here:
http://ancpr.com/forum/index.php
go there man, it is a good spot to get help…. there are some dads there who are pretty good at giving advice…
hang in there brother
Comment from mark
Time: April 5, 2008, 10:44 pm
my ex girlfriend took off with my daughter to another country, court says because we were never married that I can’t do anything. is this true?
Comment from papa
Time: April 10, 2008, 12:27 am
Hi Mark,
That’s interesting that the court told you that. Do you not have any type of court order in place? If you do have a court-ordered visitation schedule and your ex just moved out of the country with your daughter, then she is in contempt …
This is a good forum that can help you. And, you can get questions answered by a legal expert for a small fee.
Comment from Romie
Time: April 30, 2008, 1:44 pm
My ex wife beats my kids and wont take them to a doctor of any sorts. There are orders from the courts but it seems that the only one they want to inforce them on is me. I was wamting to know if since i am a resident of Ohio which makes my kids residents aswell, what are the laws in ohio about steping on another states jurisdiction as far as the childrens best intrest go? do you think it would be posible to get the courts in ohio to hear my kids case? i have called child protection on her and they said that I should pay more support and things would be easyier for all concerned. Where do I go from here? it feels that the only thing they understand when it comes to the fathers is when they go postal, its a grim thought but what is left? how can I look at them and tell them taht i am doing all that i can and nothing is getting done? Who is going to stand up for them since the system will not listen to me. The last time i was in court the judge told me to sit down and shut up because he had no sympathy for me because i was two months behind in support and unemployed.
At wits end.
Comment from papa
Time: April 30, 2008, 2:25 pm
Romie, most of us men are at wits motherfucking end.. believe me… and, it doesn’t help matters any when you’ve got king of the IDIOTS Barack Obama out there talking about how we need an even more ridiculous and misguided child support system …
i don’t really understand your question though… what state do your kids live in?????
Comment from Greg
Time: June 17, 2008, 1:05 pm
About 2 months ago my girlfriend told me she was moving out, we have twin 18 month old girls, she told me she was going to leave the girls with me, that they would be better off with me. She said she wanted a shared parenting plan and she wanted them every other weekend i agreed. She came to see the girls a week after she left and told me she was back with her husband. I got an attorney, DNA test and filed for temporary custody and paternity. She was fine with everyother weekend until she found out she might have to pay child support. I was granted temp custody but she asked for every other wednesday and thursday as well as everyother weekend which i agreed to. Now she says since she’s back with her husband she can raise them better than i and wants them full time, with me getting visitation. She has 3 other kids 2 by her husband (8 & 4) one by another fella (3). The last 3 years she was with me the 3 year old lived with us (i was the only daddy he knew, i miss him so much) and we got the other 2 every other weekend sporadically. She left her first 2 with her husband they never divorced or had any custody paperwork filed and she left my 2 with me. My questions are what are her chances of taking my little girls? is the leaving the kids behind stronger to the court than any possible percieved sibbling bond? She was abusing prescription drugs and runnin the bars she only cared for the kids while i worked. Didn’t want to make an issue of the drugs and alchohol because she is the lesser of 2 evils between her and the 3 year olds dad (fresh out of prison numerous domestic violence, assault and drug charges) any sugestions?
Comment from papa
Time: June 17, 2008, 5:37 pm
Greg, listen…you’re in a situation, and, this is no time to be a nice guy and not make an issue out of drugs and alcohol. Now is the time to do everything you possibly can and to use everything you possibly can to protect the best interests of your two girls….. this is serious business man….. you play your cards right or you’ll be the one visiting your girls on Thursdays or weekends or whatever.
First things first…right now begin gathering all evidence of why exactly this woman is an inferior parent to you. Then come back and tell me what you got.
Comment from Greg
Time: June 18, 2008, 1:07 pm
Most of why i consider myself the better parent is my own observations of how she treated the kids and her own admissions of not wanting kids and not having the patience. Going to be hard to prove in court. Heres a few examples which ones are relevant? When one of our daughters was 3 months old she developed RSV and was rushed by ambulance to Childrens Hospital she spent 2 days in ICU she was in the hospital almost a week I stayed by her side the entire time she was there, GF did not come to visit her at all even though my mom, my sister and sister in law all offered to watch the other kids and or drive her to the hospital, she declined. Her 3 year old hasn’t been to the Dr since he was 6 months old, i offered to take off work to take him if she would make the appointment numerous times, she refused. I make all the girls Dr’s appointments and take them by myself i’ve tried to get her to go but she refuses. I rush home from work everyday to be with the kids GF tended bar when she got off work it was like pulling teeth to try and get her to come home. If she wasn’t working in the bar she always had some excuse to go there. We are both smokers, i insisted that the smoking be done outside and that was another constant fight because that was to inconvenient for her when weather was not perfect. I asked her to smoke outside when girls are there for her parenting time she says well we won’t smoke around them but after the first weekend they both came home sounding like they had bronchitis. There are countless people that witnessed her and my behavior as far as the bar hoping and partying but trying to get people in court to testify to that would be difficult. Although i’m sure they would talk to someone outside of court such as a social worker, how do i get that done?. How do i address the drug problem she claims to be clean now, and i doubt i can get her dealer to admit to selling to her. I knew she was using while with me but not to the extent that she actually was acording to people i’ve talked to since she moved out, her dealer laughed when she overheard me telling someone she claims to be clean now. If i bring up the drugs and request a drug test and she passes then i’m afraid of looking vindictive to the court. I’m the nurturing and consoling parent i sit up with them when they are not feeling well they come to me when they hurt themselves i did all the grocery shopping and meal planning. On weekends i took care of the kids excusivly she was usually hungover or strung out from not sleeping for days, during the week when i got home from work she was done with the kids and usually left the house to go to the bar or go hang out with the girl supplying her drugs, usually not getting home until 3 or 4 oclock in the morning or later, last few weeks she was there she hardly came home at all. How do i prove to the court things that happened behind closed doors (my word against hers) Do i need to? i’ve lost over 40lbs since she left 2 months ago i can’t hardly sleep or eat i’m stressing out bad. Any ideas, suggestions or examples of things i can use in court to prove i’m the better parent.
Comment from papa
Time: June 18, 2008, 1:56 pm
Greg, I feel you man on how you’re losing weight and not sleeping… man, I’ve been there done that !! It’s almost more important to first address that part before even the specifics of your case…because, if you don’t hold yourself together man, you ain’t going to do your kids any good!!! I’m actually writing a book right now about how to get through a situation like yours and the first part of the book is all about what steps to take to keep yourself together……..
you MUST see to it that you EAT…… consider eating more important than anything…… buy powdered protein at the health stores and mix that with milk and drink that twice a day….. join a gym and lift weights if you’re not doing that already…. that will help your moods a lot and your sleep……… if you can’t afford a gym, then do pushups and get a pull up bar and exercise on the floor and run ……….. consider that a priority ….. I’ve been through this man, and, I know what it’s like and I know how to get through it …………. talk to people ….. friends and family ……… do not try to become some mountain of an independent entity …….. that will get you nowhere! you need a network of people!!!!!!!!!!!!!!!!
All the stuff you listed is very good for your case: the hospital stuff and drug stuff and smoking stuff etc…… yes, that definitely gets to who is the better parent ……… when you’re in family court before a Judge, you are under oath….. it’s presumed that what you’re saying is true……….. you’re going to have to look that Judge in the eyes and tell that Judge exactly why YOU REPRESENT THE KIDS’ BEST INTEREST …….. you asked what of it is relevant… all the stuff is relevant to your girls’ best interest!
BE PREPARED TO FIGHT LIKE HELL TO HANG ON TO YOUR GIRLS!
I suggest you start doing some reading RIGHT NOW!
If I could go back and do anything different, I’d have started reading the law immediately.. In my opinion, DO NOT just go out and get an attorney and assume that he or she is going to take care of this for you. That’s another mistake I made. You know the law too.
I highly recommend this service. This is a beautiful and cheap way to get a lawyer to answer your questions. If you’re not satisfied with the answers. You don’t have to pay. Believe me…before you start going the $300 an hour route, get yourself educated a bit by using this service. I learned the hard way…and, I try to make it so the rest of the dads don’t have to go through the same pain that I went through…..
But, in the meantime, just continue keeping a record of why the mother having residential custody does not represent the kids’ best interest…….. I’m not an attorney Greg, and, I don’t have all the answers. But, what I do is try to point dads in the right direction so they can bypass all the time-wasting, money-burning nonsense that I went through.
Good luck and stop back and give an update……
Comment from tee
Time: June 30, 2008, 8:41 pm
Why in the state of ohio do you have to go back to court to get an 18 year old off child support ?when the divorce papers say that the child should be taken off,these last 3 years has been hell dealing with my boyfriend ex wife.
Comment from papa
Time: July 1, 2008, 10:52 am
Tee, Family Court is the way it is and a whole lot of people have criticisms of it (including me.) The best we can do is try to learn how to get through the system.
The cheapest and best way to get answers is to use the question box at the top of this page. That allows you to ask your question to a lawyer and get an answer for as cheap as $15 to $30 … a lot of people have been very happy with this service.
Just keep being cool and keep your focus.
papa d
Comment from Greg
Time: July 17, 2008, 10:29 am
Papa; i really appreciate all of your advice and support. Just to update the situation, we’ve come to an agreement on a shared parenting plan and i’m very pleased with the results. The girls will be staying with me a majority of the time and my ex will get them everyother thursday evening at 6pm until 6pm sunday. Once they start school then she can get them friday after school until sunday at 6pm everyother week. Not gonna bore you with the finer details of the plan but i’m very pleased with the results. So i’m doing much better as far as stress, eating and sleeping. Again thanks for your advice and support
Comment from Amberly
Time: August 19, 2008, 11:04 am
Look I know that I am a female but I am in the same boat you men are in and I am fighting also but the differents is I was raped when I was 14 and had a son My mother lied to me and took custody of my son I was not allowed to press charges against the man that raped me but I ended up doing a couple of years ago of course he got a slap on the hand but is a register sex offender my mother is married to a high class sex offender and things are just getting worse ok I am in the middle of gettting help with getting custody back of my son because of the sex offenders and the abuse that is going on in the house and with my son only being 8 years old he is wanting to kill people and blow things up…But the reason I am telling you guys this is because I maybe a female but I am getting help and I can get you men the contact that you need to get your children back I hate that fact that woman can get what they want and the men have to sit back and suck there ass just to see there kids if you men want me to give you the information that I have to get you children back contact me at angelbrat0902@aol.com ok but I do understand what you men are going through
Comment from papa
Time: August 21, 2008, 8:22 pm
@Greg, sorry this is a little late…but, thanks for stopping back when you did. And congratulations. Glad things are working out!
Comment from papa
Time: August 21, 2008, 8:23 pm
Amberly, thanks for stopping by …… I know that a lot of people suffer as a result of the system …. you are right about that ….
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