Checklist for Full Custody Hearings in Ohio

By Brenna Davis

In Ohio, each parent has equal rights to the child and courts almost always give visitation to the non-custodial parent. Sole custody is an arrangement in which one parent has sole decision-making authority and is the parent with whom the child lives. Some parents seek sole custody with no, or very limited, visitation with the other parent, often referred to as full custody. If you are seeking full custody of your child, you will need to prove the other parent is an unfit caregiver for your child and must go to your hearing fully prepared. Because Ohio law errs on the side of providing visitation to non-custodial parents, it is wise to hire a family law attorney to represent you if you seek full custody.

In Ohio, each parent has equal rights to the child and courts almost always give visitation to the non-custodial parent. Sole custody is an arrangement in which one parent has sole decision-making authority and is the parent with whom the child lives. Some parents seek sole custody with no, or very limited, visitation with the other parent, often referred to as full custody. If you are seeking full custody of your child, you will need to prove the other parent is an unfit caregiver for your child and must go to your hearing fully prepared. Because Ohio law errs on the side of providing visitation to non-custodial parents, it is wise to hire a family law attorney to represent you if you seek full custody.

Previous Orders

Take copies of all previous orders issued in your case. Restraining orders and temporary protective orders are particularly important if you are attempting to demonstrate the other parent poses a danger to you or your child. Ohio uses the best interests of the child standard to make custody determinations and one of the factors examined within this standard is the continuity and stability of the child's home life. Consequently, if your temporary custody order gives you full custody, the judge will be more likely to give you permanent full custody and maintain the status quo.

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Communications

Your communications with your ex can help your case if your ex behaves unreasonably, makes threats or demonstrates poor decision-making with your children. Bring any relevant e-mails, letters and text messages, and flag or highlight the important portions of these communications.

Criminal Information

If you have ever called the police on your ex, bring any police reports and criminal, probation and sentencing information. Be prepared to argue how this information is relevant to your case. For example, an arrest 10 years ago may not be relevant, but a recent police call for domestic violence almost certainly will be.

Parenting Plan

Ohio law requires that all parents attach a parenting plan to their initial custody filing. You should be prepared with your parenting plan at your hearing. If you are allowing your ex some visitation, you must be prepared to answer questions not only about the specifics of this visitation arrangement but also about why the plan is in your child's best interests.

Witnesses

If your case goes to trial, you will be permitted to call witnesses who must be present. Provide witnesses who can testify to your competence as a parent and call any witnesses who have witnessed abuse or irresponsibility in the other parent. If your ex is making any allegations against you, you should also call witnesses who can refute these allegations.

Experts and Reports

If you have hired an expert witness, bring her to testify at your hearing. Ideally, your expert should also have a report available about why your custody arrangement is in your child's best interests. A reliable expert will have met with the child several times and, if possible, have observed the other parent with your child. If there is a guardian ad litem who has been appointed in your case, you should also bring a copy of her report, even if it conflicts with your parenting plan. Knowing the contents of the guardian's report can help you to competently advocate for you and your child.

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How to Petition for Sole Custody in New York

References

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Custody & Addiction

A parent's substance abuse can have extremely negative consequences for children and family courts around the U.S. recognize this. Many states have a rebuttable presumption that it is not in a child's best interests to reside with an addicted parent. A rebuttable presumption is one in which an accused parent can rebut an assertion of substance abuse by explaining the addiction is in the past, does not affect the child or does not exist. The parent struggling with addiction must prove they can provide a safe home for the child and if they cannot, may be denied custody and visitation. If either you or your ex struggles with addiction, obtaining treatment is the first step toward establishing a healthier environment for your children.

How to File for Child Custody in Ohio

In child custody proceedings in Ohio, parents must demonstrate their proposed custody arrangement is in their child's best interests. If you want to seek custody of your child, you must show that you can provide a stable, healthy, loving environment for your child. Except in extreme cases involving domestic violence or child abuse, judges almost always grant visitation to the noncustodial parent.

How to File for Custody of a Minor in Mobile, Alabama

Custody disputes commonly arise as the result of divorce or paternity proceedings. The Alabama legislature has enacted laws governing petitions for custody, and custody proceedings are heard by judges in the Alabama family court system. In Mobile, parents must petition the family court in the 13th Judicial Circuit. Before seeking custody of a child, you should ensure that you are able to provide loving, competent care. In most cases, the child will do best if given liberal visitation with the other parent. Except in cases of abuse, children are frequently given time with both parents.

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