CHILD CUSTODY AND VISITATION IN

MEDINA, OHIO

Gerald D. Piszczek Attorney at Law

Attorney Gerald D. Piszczek considers children to be the most important consideration in a family law action. Often, cases involving custodial and visitation rights of a child or children can become complicated, especially without the assistance of a knowledgeable attorney. Since 1978, our practice has assisted clients throughout Medina, OH, and our surrounding communities in understanding their parental rights when it comes to establishing custody and visitation during a divorce, dissolution or separation in the state of Ohio. Contact our office today at 330-723-2200 to learn more.

Child Custody/Visitation

The Court generally encourages the parties to reach an agreement regarding the parenting of the children. However, often an agreement is not possible and litigation is necessary. If the parties can not agree, the Court makes a determination regarding the allocation of parental rights and responsibilities of the children after taking into account the best interest of children.

Since no two situations are exactly alike, the facts of your specific situation should be discussed with the attorney in detail when discussing the best interest of the children.

Shared Parenting may or may not be appropriate depending on the circumstances. This should also be discussed in detail with the attorney.

Also discuss with the attorney the advantages and disadvantages of a guardian ad litem, forensic psychologists, custody evaluations, and court interviews of the children.

Child Support

  • The Ohio Child Support Guidelines determine the amount of support, but the Court may approve a deviation from the guideline amount when appropriate.
  • The Guidelines take into account factors such as the income of the parties, the number of children, childcare costs necessitated by the employment of the parties, and the children's health insurance costs.

This list is not exhaustive, and there are other factors in the guidelines which should be discussed with the attorney.

frequently asked questions

CUSTODY IN A DIVORCE, DISSOLUTION OF MARRIAGE, OR LEGAL SEPARATION

  • What is sole custody?

    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).  

  • What happens is my spouse and I cannot agree on custody?

    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. 

  • What is shared parenting?

    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.  

  • What are some of the advantages of sole custody?

    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.    

  • What are some of the disadvantages of shared parenting?

    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.    

  • What is Shared Parenting?

    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.     

  • What are some typical issues covered in a Shared Parenting Plan?

    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.

  • Does Shared Parenting automatically mean that each parent will have equal time with the child/children?

    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.  

  • If the Court must make the decision, how does the Court decide custody?

    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.  

  • What is an in-camera interview?

    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.  

  • How does the Court determine what is in the children's best interest?

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

UNMARRIED PARENTS & PATERNITY

  • What is a paternity action?

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

  • How can a parent and child relationship be established between the child and the natural father of the child?

    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. 

  • Are there any time limitations?

    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.  

  • Who may bring a paternity action?

    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.

  • What does the Court do in a paternity action?

    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.