Attorneys Helping Families Deal With Issues Of Child Custody And Visitation

One of the most important things for parents to know before entering into child custody discussions is that they are entitled to an equitable parenting plan. Many people feel like they do not have equal parental rights because of gender, financial status or some other reason, and because of this, they are not going to have a fair and equal opportunity to maintain a good relationship with their children after a divorce.

However biased the courts might have been in the past, the current focus is on equity: a fair and balanced division of time and resources regarding the care and parenting of the child. Rather than primary custody and visitation, the courts now focus on creating a fair and agreeable parenting plan in which both parents have equal time with the children.

We Focus On Finding Efficient And Peaceful Solutions

At Mahaffey & Associates, our Sylvania child custody lawyers represent clients throughout northwestern Ohio and southern Michigan in divorce and custody proceedings. Our attorneys share the belief that the best solution is the solution that the disputing parties have created and agreed upon themselves, rather than the solution that a judge hands down to them.

This is why we focus on helping our clients and their spouses create a parenting plan before the matter is litigated through mediation and other negotiated solutions. This allows them to retain more control of the process and the outcome while saving the time, stress and financial costs of traditional litigation. When matters cannot be settled through negotiation, we advocate aggressively for our clients’ interests in the courtroom.

We will help you work out a child custody agreement plan that works best for you and your child, and that the court will accept as equitable for everyone.

Understanding Custody Options And Terminology

In Ohio and many other states, the term custody has been replaced with “allocation of parental rights and responsibilities.” This is an important change because it encompasses both aspects of custody: physical and legal. Physical custody is when and with which parent the child will stay. Legal custody refers to which parent has the authority to make important decisions on behalf of the child (regarding matters like religion, health care and education).

In either case, one parent can have “sole” custody or the two parents can have shared custody. Even if custody is shared, however, it may not be shared equally.

As noted above, the solutions that work best for everyone tend to be those that were drafted together by the two parents (in consultation with their attorneys). The agreement, known as the parenting plan, can and should be highly detailed to avoid conflicts or confusion later on. At the very least, it will need to include the schedule of parenting time (physical custody) given to each parent.

Factors To Consider In Child Custody Cases

Under Ohio’s child custody law, the primary factor in any child custody issue is the best interests of the child. Exactly what a particular child’s “best interests” are is up to the judge to decide, based on 10 criteria laid out in the statute. These factors are:

• The parents’ wishes
• The child’s wishes, if they are considered mature enough to have the reasoning ability to have input in the decision
• The child’s relationship with each parent and other relatives
• How much the child would have to adjust to a new home and school
• The mental and physical health needs of the child and parents
• Whether either parent is more likely to abide by the terms of the custody order than the other
• Whether the noncustodial parent has failed to pay child support, especially if the failure was unreasonable or willful
• Whether there is a history of domestic violence from either parent
• Whether either parent currently lives outside of Ohio or is planning to move out of state
• Any other relevant factors

In a child custody dispute that cannot be resolved outside of court, it is up to you and your attorney to provide evidence that your preferred custody arrangement is best for your children. We will prepare a detailed and compelling case on your behalf.

Ready To Assist When A Court Order Needs Modification Or Enforcement

We also represent either party in custody modification and enforcement hearings:

• Custody modification (sole custody, reversal of primary custody, new schedule)
• Increase, decrease or termination of child support payments
• Parent relocation out of Ohio (employment, military duty, etc.)
• Nonpayment of child support or interference with visitation rights

These often contentious proceedings require a knowledge of the law, an understanding of the tendencies of local judges, and thorough preparation of arguments for or against the opposing position. You have a solid advocate with the attorneys of Mahaffey & Associates.

Contact Our Toledo Child Visitation Lawyers

We offer free initial consultations so you can talk with a lawyer from our firm without cost or obligation. To learn more about your case and parental rights, call 419-741-0111 or contact us online.