Ohio Divorce Law...

Ohio Law - Who Gets Custody?

In determining custody, the court will look to the best interest of the children.

There is no legally-mandated requirement to favor joint custody. If the court approves a shared parenting plan, the judge will try to assure that it provides each parent with frequent and continuing contact with the child, as long as that is in the child's best interest.

The court will consider whether either parent has been found to have abused or neglected the child.

A court must deny custody and visitation to a parent who has been convicted of aggravated murder, murder, or voluntary manslaughter of the other parent of the child.

Once the court has issued a custody decree, it will modify the decree if a change has occurred in:

• The child's circumstances; or
• The residential parent's circumstances; or
• The circumstances of either parent in a shared-parenting plan; or
• The non-residential parent's situation, where that parent now requests joint parenting.

Sections 3109.04(A), (B)(3)(d)(1)(c), (E)(1), 3109.06, 3109.41, and 3109.48.

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