Kent Child Custody Attorney
Conflicts involving where children live are some of the most emotional of family law disputes. Understandably, parents are concerned about losing influence and control in the upbringing of their child. I am attorney Amanda Lewis, and I know that helping people feel more comfortable about custody and child support issues generally begins with giving them a realistic expectation of what to expect under the law.
Child Custody Does Not Mean Child Ownership
First, let me start by saying that being named the primary physical custodian of a child, whether in a divorce judgment or paternity litigation, does not mean getting ownership of the child. Ohio courts expect that both parents will take an active role in raising the child. Whenever possible, my law firm, Attorney Amanda J. Lewis, works through mediation or litigation to arrange a shared parenting plan that will provide for the best interest of the child with both parents involved, as the courts expect. Even in shared parenting plans, however, it is important to remember that the nonresidential parent will likely be ordered to pay some amount of child support.
Frequently Asked Questions About Child Custody
Child custody is not an area you want to be uncertain about. You want to understand your risks and potential outcomes under Ohio law. I know how hard it is to get the answers you need, and I will help you find the specific answers to your question. But many of my clients start with questions like those below, and I have provided some general answers.
Who pays attorney fees in child custody cases?
Typically, attorneys fees are paid by the individual who engages the lawyer. However, in certain cases attorneys fees can be assigned to one party in a divorce or custody case based on the facts of the case and the circumstances of the filing.
Who is most likely to get full custody?
No parent is more or less likely to get sole custody in a divorce. While historically, courts favored mothers in custody, today Ohio law is balanced towards what is in the best interests of the child, and that could mean either parent. However, if the parents are unmarried, and the father is not immediately acknowledged as the biological parent, it is an uphill legal challenge to get custody rights.
Does a father have 50/50 rights?
Establishing 50/50 joint physical and legal custody is the intention of the law, and in most cases it works out to something approximating that. However, that joint custody split can be turned to visitation if there is evidence that an equal custody and parental rights is not what is best for the child.
What is the biggest mistake in a custody battle?
There is no one mistake that I can point to and say “look, there, that’s the moment we lost.” Instead, the biggest mistake in a custody battle is forgetting what it’s about: the child. If you put your grievances, anger and desire to win front and center, that’s going to work against you. You have to look at a custody hearing with as much dispassion as possible, even if being separated from your kids is the worst possible outcome. If you put your kids first, genuinely and with everything you have, you put yourself in a much better position.
How does child custody work in Ohio?
Child custody in Ohio starts with the desire for a joint custody agreement. That means both parents have as close to equal physical custody as is possible and share legal custody and decision-making authority. Any deviation from that will be according to what is in the best interests of the child, in terms of their safety, educational opportunities and familial connections. They look at evidence such as protection orders and even the child’s testimony to review how things are.
If circumstances change, then the couples return to court for a modification of custody hearing.
Call To Discuss Your Child Custody Issue With Attorney Amanda J. Lewis
You will always work directly with me. throughout your case. Call my firm at 330-474-9918 or send an email to arrange an initial consultation as soon as possible.
