CHILD CUSTODY
Child custody is now described as "parental rights and responsibilities". Still the most used model is where one parent becomes the "residential parent and legal custodian," of the minor children and the other parent receives "parenting time." This model may be modified by agreement of the parents as to the amount of parenting time and parental responsibilities of each, but one parent remains designated the "residential parent." Certain tax consequences attach to the residential parent, such as the designation of the school the children attend. The State allocates school funds based upon the residence of the residential parent. The non-custodial parent has a continuing right and duty to be involved in the children's lives. This involvement is called "parenting time" or visitation, is enforced by court order, and as are all matters relating to the children, subject to the continuing order of the court.
The second model is called "shared parenting." Shared parenting is a form of joint custody. One or both parents may move the court for a shared parenting order, and submits a Shared Parenting Plan, which is a detailed road map for the children and includes the physical living arrangements, health care, child support, school placement and allocation of parenting time. The plan is agreed to by both parents. Legally, both parents are "residential parents and legal custodians" under the law. For such a plan to succeed, both parents must be able to communicate and cooperate with the other, for the best interests of the children. Regardless of which model is pursued, each parent is entitled to access the vital records of the child, such as medical and school records.
Drafting of child custody plans and shared parenting plans requires knowledge of the law, legal terms of art with specific meanings, the parents', and the children's needs. Most domestic relations courts have standard forms available. However, use of these forms still requires legal expertise to complete correctly. Checking the wrong box and filling in the blanks incorrectly can have unintended consequences which require modification later, costing you hundreds/thousands of dollars. Further, not all forms are created equal. For example, one county's standard form on the issue of the minor children's school residence lists just three boxes which can be checked. I have a form that devotes an entire page on that issue, IF I choose to use it. Which form to use, or even if you should use a form, should be left to an experienced family law attorney.
Changes of parental rights and responsibilities orders are common. As years pass and circumstances change with the parents and children, a change may become necessary. If the parents are communicating and have the best interests of the children as their goal, change may be relatively simple. A consensual change of custody, or modification of certain parenting/visitation terms, may be done with less expense. Too often there is controversy, and the process is contested. These are among the most expensive to prosecute and require substantial investments of time from both counsel and client. The factual issues and legal principles involved may be very complex. Many attorneys start at around $5,000.00 in attorney fees, and advance retainers are common. Court costs and expenses are also greater.
It is recommended that legal counsel be obtained in all child custody matters.
The second model is called "shared parenting." Shared parenting is a form of joint custody. One or both parents may move the court for a shared parenting order, and submits a Shared Parenting Plan, which is a detailed road map for the children and includes the physical living arrangements, health care, child support, school placement and allocation of parenting time. The plan is agreed to by both parents. Legally, both parents are "residential parents and legal custodians" under the law. For such a plan to succeed, both parents must be able to communicate and cooperate with the other, for the best interests of the children. Regardless of which model is pursued, each parent is entitled to access the vital records of the child, such as medical and school records.
Drafting of child custody plans and shared parenting plans requires knowledge of the law, legal terms of art with specific meanings, the parents', and the children's needs. Most domestic relations courts have standard forms available. However, use of these forms still requires legal expertise to complete correctly. Checking the wrong box and filling in the blanks incorrectly can have unintended consequences which require modification later, costing you hundreds/thousands of dollars. Further, not all forms are created equal. For example, one county's standard form on the issue of the minor children's school residence lists just three boxes which can be checked. I have a form that devotes an entire page on that issue, IF I choose to use it. Which form to use, or even if you should use a form, should be left to an experienced family law attorney.
Changes of parental rights and responsibilities orders are common. As years pass and circumstances change with the parents and children, a change may become necessary. If the parents are communicating and have the best interests of the children as their goal, change may be relatively simple. A consensual change of custody, or modification of certain parenting/visitation terms, may be done with less expense. Too often there is controversy, and the process is contested. These are among the most expensive to prosecute and require substantial investments of time from both counsel and client. The factual issues and legal principles involved may be very complex. Many attorneys start at around $5,000.00 in attorney fees, and advance retainers are common. Court costs and expenses are also greater.
- There may be formal discovery procedures utilized by both parents.
- Depositions may be taken to gain further facts, along with subpoena of records.
- Gurardian ad Litems may be appointed to represent the interests of the children and report to the court. Retaining one usually starts at $1,200.00.
- Experts are sometimes retained to present professional opinions in court.
- Many additional factors are included in determining child custody, which are not discussed here.
It is recommended that legal counsel be obtained in all child custody matters.
LOCATION TO SERVE YOU:
- Clients: Catalina Manufactured Home Park at 6501 Germantown Rd., Lot 41, Middletown, Ohio, 45042-1264, on State Route #4 [My Home - by appointment only] (Near the Land of Illusion Haunted Scream Park.)
- Phone: 513 423-8912
- Email: Monte K. Snyder, Attorney
THE INFORMATION PROVIDED ON THIS SITE IS INTENDED TO BE A BRIEF OVERVIEW OF SOME OF THE LEGAL PROCESSES INVOLVED IN THE ISSUES ADDRESSED. ALL INFORMATION IS LIMITED TO OHIO. IT IS NOT INTENDED AS LEGAL ADVICE ON YOUR PARTICULAR CIRCUMSTANCES. IT IS ONLY INTENDED TO ASSIST YOU IN UNDERSTANDING THOSE PROCESSES.
