Getting divorced in any state means child custody must be determined if children were a product of the marriage. If you are dealing with child custody questions, here is some information specific to Ohio state that can help you understand what you may face.
Child Custody and Divorce in Ohio
Child custody in your divorce case will be determined on a case by case basis. The court will look to the following facts if you do not come to an agreement outside of court:
- The wishes of the parties, including children of a reasonable age to assert preference and parents;
- Where the parties live;
- The health and situation of the parties;
- Whether one parent has been convicted of any misconduct;
- How the arrangement will impact the child's life;
- Whether or not the parents seem likely to facilitate the child's relationship to the other parent;
- Whether or not the parents will be able to work together to raise the child if joint custody is allowed; and
- Any other factors the court determines to be fair and just in a given case.
Child custody issues are unique to each case, but the court has experience in handling hundreds of diverse cases, and will come to the best decision for the child or children given each case. Here are some other facts to consider about divorce in Ohio:
- There is a residency requirement for divorce in most states. In Ohio state, you must be a resident for six months in order to file for divorce.
- If you both want a divorce and agree, you can get one by stating that you had irreconcilable differences. If one of the parties to a divorce contests, one of the following must be established by the spouse who wants to get divorced: fraud, separation for at least one year, bigamy, adultery, neglect, habitual drunkenness, imprisonment of your spouse or a divorce was granted in another state.
Getting Legal Advice
It is essential to get legal advice regarding your child custody arrangement whether you and your soon to be ex-spouse agree as to issues such as child custody or not. There will inevitably be inequities within every relationship that need to be resolved during divorce. An attorney can help you see what they are and help you resolve them. You may not completely understand your rights and responsibilities in divorce, and your attorney will simplify the process and help you understand.
