Workable Plans for Shared Parenting
Akron, Ohio, Child Custody and Divorce Lawyer
Ohio courts are moving away from the traditional custody-and-visitation model in which one parent is the primary custodian and the other parent has limited time with the child and even less involvement in parenting decisions.
The presumption is now a shared parenting arrangement. This does not necessarily mean shuttling kids back and forth to spend 50 percent of their life with each parent. But it does change the approach to child custody in the context of divorce.
Attorney John Dohner has practiced in family law for more than 20 years. He represents clients in Summit County and northeastern Ohio in determining custody, crafting parenting plans and resolving post-divorce custody modifications, including interstate custody disputes. Also see Case Summaries.
Determination of Child Custody
If the parents can agree on terms of custody, they submit the plan to the court for approval. But many parents simply cannot find the middle ground, in which case a judge will decide. Based on the best interests of the child, the court will impose one of three scenarios:
- Residential parent ("primary custody") — Mom or Dad is designated as the residential parent, and the child lives predominantly with that parent. The other parent has parenting time ("visitation"). The residential parent has the most say in decisions about schooling, activities, health care, religious upbringing and daily life. Child support is based in part on the amount of parenting time.
- Shared parenting ("joint custody") — Neither parent is considered the residential parent, even if there is a 60/40 or 70/30 split in where the child actually spends time. Both parents have equal say in raising the child and must confer on decisions. Parenting time is more balanced — four nights/three nights, every other week, or whatever arrangement works best. Shared parenting requires a greater degree of cooperation. Child support is reduced (or waived) to reflect the equalized contributions.
- Sole custody — Full custody is awarded only if the other parent's behavior endangers the child (abuse, neglect, drug use, domestic violence).
The court considers many factors, including age of the child. Has one parent been the primary caregiver or are both parents actively involved? Is the child's relationship with the other parent encouraged or undermined? A judge may order shared parenting over the objections of a parent who wants primary custody or a parent who prefers less involvement. The judge can also dictate parenting schedules.
Constructing a Shared Parenting Plan
John Dohner encourages clients to focus on a shared parenting plan that they control, rather than the expense and uncertainty of a courtroom battle. The goal is a detailed written plan that covers all the bases and best fits the needs of the parents and the child:
- Specific days at each home
- Pick-up and drop-off times
- Involvement in school activities
- Holidays and vacation
- Parenting rules
- Financial support and health insurance
Special Attention to Temporary Child Custody
Early in the divorce process, the court will issue a temporary order regarding parenting time. This arrangement will govern your involvement with your child while the divorce is pending, and may influence the ultimate outcome. Mr. Dohner advocates aggressively for your interests at this important stage.
Call 330.931.4216 or 866.887.1608 to arrange a consultation at our Akron office.
