Child Custody Attorney in Batavia, Ohio

Addressing child custody issues can be stressful and complicated, but having the support of knowledgeable legal counsel can make all the difference in securing the best outcome for you and your family.  

Attorney Douglas A. Ball, based in Batavia, Ohio, is a child custody attorney with over 30 years of experience in family law, serving clients throughout Batavia County, Clermont County, Hamilton County, Brown County, and Warren County, Ohio.

If you find yourself entangled in child custody matters, Attorney Douglas A. Ball is here to provide the legal support and solutions needed to protect your parental rights and serve the best interests of your child.  

Types of Child Custody in Ohio

In Ohio, child custody can be categorized into two main types, namely physical custody and legal custody.   

• Physical custody refers to where and with whom the child resides primarily. This can either be sole, where the child lives mainly with one parent, or shared, where the child divides time between both parents. 

• Legal custody, on the other hand, refers to decision-making authority regarding the child's upbringing and welfare, including education, healthcare, and religious training. This too can be either sole legal custody, where one parent has decision-making authority, or joint legal custody, where both parents share this responsibility. 

Beyond physical and legal custody, Ohio law also provides for several types of custody arrangements: 

• Sole custody: In a sole custody arrangement, one parent is awarded both legal and physical custody of the child. The custodial parent makes all major decisions regarding the child's upbringing, while the non-custodial parent may have visitation rights. 

• Joint custody (shared parenting): Joint custody allows both parents to share legal and physical custody of the child. This arrangement requires effective communication and cooperation between parents to make decisions together regarding the child's welfare. 

• Split custody: Although less common, split custody occurs when siblings are divided between parents, with each parent having full custody of one or more children. This arrangement is generally avoided unless it serves the best interests of the children.

How Is Child Custody Decided in Ohio?

Decisions regarding custody are determined by what is in the best interests of the child, as outlined in Ohio Revised Code §3109.04. The court considers various factors when determining custody and visitation rights, including: 

• The wishes of the child's parents regarding care and custody 

• The child's interaction and relationship with parents, siblings, and other relevant family members

• The child's adjustment to home, school, and community 

• The mental and physical health of all individuals involved 

• The likelihood of each parent to honor court-approved parenting time rights and facilitate the other parent's relationship with the child 

Presenting your case convincingly before the court requires strategic legal advocacy. To best advocate for your rights as a parent, seeking legal counsel is highly recommended. 

The Court Process for Establishing or Modifying Child Custody 

1. Filing a Petition  

The process begins with one parent filing a petition for custody or modification with the family court in the relevant jurisdiction. 

2. Mediation  

Ohio courts often encourage mediation to resolve custody disputes amicably. A neutral third-party mediator assists parents in reaching a mutually agreeable custody arrangement. 

3. Court Hearing  

If mediation fails, the case proceeds to a court hearing. Both parents present evidence and arguments supporting their positions. The judge then evaluates the evidence and makes a custody determination based on the child's best interests. 

4. Final Custody Order  

The judge issues a final custody order outlining the custody arrangement and visitation schedule. This order is legally binding and enforceable.  

Custody Rights of Fathers and Mothers in Ohio

Ohio law does not presume that either parent has a greater right to custody than the other. Both fathers and mothers are viewed equally under Ohio Revised Code §3109.03, which mandates that custody decisions be made based on the child's best interests rather than the gender of the parent.  

The court does not discriminate based on gender but instead focuses on creating a parenting plan that serves the child's best interests. Each parent has the right to seek custody and parenting time, and the court will evaluate various factors to determine an appropriate arrangement that serves the child's welfare. 

Parenting Time, Shared Parenting Plans, and Agreements

In Ohio, parents have several options to consider for deciding upon parenting time and shared parenting plans: 

• Standard parenting time: This type of plan often follows a schedule recommended by the local court. It typically provides both parents with significant and regular time with the child.

• Shared parenting plan: This type of plan involves a more collaborative approach where both parents share significant decision-making responsibilities, and the child spends considerable time with each parent. The plan must be approved by the court as serving the child's best interests. 

• Custom agreements: Parents can negotiate unique arrangements tailored to their specific needs and circumstances, if these agreements support the child’s welfare and are sanctioned by the court. 

If issues arise related to parental rights or parenting time, the first step is often to communicate and attempt to resolve the matter directly with the other parent. If this is not possible, filing a motion with the court for enforcement or modification of the existing order might be necessary.  

To modify parental rights or parenting time, one must file a motion with the court demonstrating that a change in circumstances has occurred since the last order that necessitates modification. However, courts will only approve modifications if they serve the child’s best interests.  

It’s advisable to seek legal counsel to address these situations most effectively. Engaging an experienced attorney will help ensure that any actions taken are aligned with the law and serve the child’s best interests. 

How Douglas A. Ball Can Help With Your Child Custody Case

Douglas A. Ball Attorney at Law provides dedicated support and legal guidance to parents facing child custody matters. With extensive experience in family law, Douglas A. Ball offers personalized solutions tailored to each client's unique situation, including:  

• Comprehensive legal consultation for understanding Ohio child custody laws 

• Representation in mediation sessions to facilitate amicable agreements 

• Advocacy in court to protect and prioritize the child's best interests 

• Assistance with filing petitions and completing necessary legal documentation 

• Guidance on modifying existing custody orders due to changing circumstances