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How are parental rights determined per Ohio law?

On Behalf of | Sep 15, 2021 | Child Custody

Divorce is always stressful, but many couples deem it necessary. Things can get more complicated when there are children involved. Parental rights are allocated in a certain way per Ohio law.

How are parental rights divided?

Previously, after a divorce in Ohio, the family court would grant custody of the children to one spouse or the other. The courts have since changed that and now in most cases divides parental rights and responsibilities between both parties. The courts keep what’s in the best interests of minor children in mind, first and foremost.

As a result of parental rights and responsibilities being split in this manner, both parents are involved in making decisions on behalf of the children. At the same time, parenting time is not necessarily split down the middle. However, if both parents create a proposed parenting plan, the court will take what’s included therein into consideration.

If no parenting plan is submitted to the court, the court will divide the parental responsibilities but name one parent the legal custodial parent while the other will receive the appropriate rights for parenting time.

Factors that determine how parental rights are allocated include the following:

  • The child’s relationship and interaction with their parents, siblings and others.
  • The child’s emotional, mental and psychological state and development.
  • How the child adjusts to home, school and more.
  • Whether abuse in the home has ever taken place.
  • Whether one parent plans on permanently leaving the state.

How are parenting time rights determined?

As part of the divorce decree, the court will require a set schedule for parenting time between the former spouses. What’s considered in the best interests of the children is the top priority. In Ohio, there are various factors that lead to determining how parenting time rights are split. There is a standard parenting time order given that can only be changed if it’s in the best interests of the kids. In some cases, the court may even award visitation rights to people other than the parents if it benefits the children.

While it may require an adjustment period, you and your children can gradually get used to the new custody and parenting plan. It will always consider their best interests over all else.


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