Sole custody describes a situation in which one parent/party is granted the major role in decision making with respect to raising the minor child or children. Such decisions may include the entire scope of health, education and welfare decisions as well as other important decisions pertaining to the child(ren).

For example, the sole custodial parent has the legal authority to decide: 

• Who will be the child's doctor
• Where the child will attend school
• Who will be the chid's care provider/babysitter
• Whether the child will have elective surgery
• Whether the child should participate in counseling

A court order involving sole custody generally grants the non-custodial parent/party parenting time rights (visitation) with the minor child(ren).  

Dissolution of Marriage: 

If you and your spouse are contemplating a dissolution of marriage, it is necessary for you and your spouse to agree on custody as well as all other matters prior to filing the paperwork with the court.  Lacking agreement, you cannot file for a Dissolution of Marriage. 

Divorce or Legal Separation: 

If you are contemplating a Divorce or Legal Separation, and cannot agree on custody, then in that event the Court makes the decision pertaining to the custody matters. 

In a shared parenting situation, both parents/parties make joint decisions and co-parent their child(ren).  Shared parenting requires a plan, called a Shared Parenting Plan, which establishes the rights of both parents/parties with respect to the children. Successful shared parenting plans generally require a high degree of cooperation and communication by and between the parents. Ideally, the parents/parties to a Shared Parenting Plan should discuss and make mutual decisions which are in the best interest of the child or children.  

If the parents/parties can not work together, cooperate or effectively communicate regarding the best interest of the child or children, then sole custody can be more advantageous than shared parenting, because one person makes the decisions.  In theory, under these circumstances, a child can benefit from stability if one person is granted the decision making authority rather than being in the middle of a power struggle.    

If the parents/parties can not work together, cooperate or effectively communicate regarding the best interest of the child or children, then sole custody can be more advantageous than shared parenting, because one person makes the decisions.  In theory, under these circumstances, a child can benefit from stability if one person is granted the decision making authority rather than being in the middle of a power struggle.    

A Shared Parenting Plan is an agreement between two parents/parties which establish the allocation of parental rights and responsibilities for the care of the child or children.  If the Court determines that a Shared Parenting Plan is in the best interest of the child(ren), the court may order the Shared Parenting Plan into effect.     

Typically a Shared Parenting Plan designates a residential parent for school purposes; specifies the decision making authority of each parent/party concerning the health, education and welfare and other matters pertaining to the child or children; requires communication and cooperation between the parents/parties; establishes responsibilities for health insurance; specifies a child support amount and establishes a parenting time schedule.

No, The Court can order and/or the parties can agree to any parenting time schedule so long as it is in the best interest of the child or children.  

The Ohio Revised Code requires a court making the allocation of parental rights and responsibilities regarding the children to “take into account that which would be in the best interest of the children”.  Therefore, the Court is required to consider a “best interest” standard when it determines whether sole custody or shared parenting is in the children’s best interest.  

An in-camera interview occurs when an interview in cameras any or all of the involved children regarding their wishes and concerns with respect to the allocation of parental rights and responsibilities.  

In determining the best interest of the child, the Ohio Revised Code mandates the Court.

A paternity action in which a parent and child relationship can be established.

The parent relationship between the child relationship may be established by an acknowledgment of paternity, by a court proceeding or by determination of the existence or non-existence of the parent and child relationship by a Child Support Enforcement Agency. 

Yes, an action to determine the existence or non-existence of a Father and child relationship may not be brought later than 5 years after the child reaches the age of 18.  

An action to determine the existence or nonexistence of the father and child relationship may be brought by the child or the child's personal representative, the child's mother or her personal representative, a man alleged or alleging himself to be the child's father, or a Child Support Enforcement Agency.  However, a man alleged or alleging himself to be the child's father is not eligible to file a paternity action if the man was convicted of or pleaded guilty to rape or sexual battery, the victim of the rape or sexual battery was the child's mother, and the child was conceived as a result of the rape or sexual battery.

In addition to establishing the existence or non-existence of the father/child relationship, the Court can issue Orders regarding, among other things, custody, parenting time and child support.