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Child Custody

In Ohio the court allocates the parental rights and responsibilities (grants custody) between the parents based on the best interests of the minor children who are not yet age 18 or have not graduated from high school.

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Child's Best Interest Factors under Ohio law:

  1. Wishes of the child's parents regarding the child's care

  2. Child's interaction and interrelationship with the child's parents, siblings, and any other person who may significantly affect the child's best interest

  3. Child's adjustment to the child's home, school, and community

  4. Mental and physical health of all persons involved in the situation

  5. Parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights

  6. Whether either parent has failed to make all child support payments

  7. Whether either parent or any member of the household of either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child.

  8. Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent's right to parenting time in accordance with an order of the court

  9. Whether either parent has established a residence, or is planning to establish a residence, outside this state.

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The court also may (or, if a parent asks, must) appoint a guardian ad litem (GAL) for the child, who will investigate the child’s circumstances and report to the court. The court takes into consideration, but is not bound by, the child’s wishes and concerns and the guardian ad litem’s recommendation.
 

*excerpt derived from OSBA webpage and Ohio Revised Code

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