If custody of the minor child(ren) cannot be agreed upon by the parties, then the court will look to O.R.C. 3109.04, which requires the court to take into account that which would be in the best interest of the minor child(ren). In determining the best interest of the child(ren), the Court is required to consider all relevant factors. A list of applicable factors is found in O.R.C. 3109.04(F)(1). After evidence on the matter of custody is presented and admitted the court will apply the evidence to the factors in ordered to make its determination for a custody order. As such, who will be granted custody will vary on a case-by-case basis.
If both parents share custody does anyone pay child support?
It depends on the circumstances of the parties and the circumstances of the case. Please note that an award of child support is for the benefit of the child(ren), not the other party. As such, courts typically require a very good reason for a zero dollar child support order. It should also be noted that shared parenting does not mean 50/50 parenting time. When determining whether child support is appropriate in a given case the court will consider among other things the incomes of the parties and the parenting time of the parties. If there is a significant disparity in either, there will likely be a child support order, regardless if there is shared parenting or not.
What is a parenting plan, and do I need one?
A parenting plan is essentially a set of parenting guidelines that parents agree to or the court orders. Said plan will include, but is not limited to, agreements or orders concerning custody; parenting time; child support; tax exemptions; extracurricular costs; and health insurance. Some type of parenting plan will be required if you have children. Not finding the answer you are looking for? Browse our entire Ohio Child Custody FAQ.
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