Child Support & Child Custody
Child custody is often a contested issue between parents in a divorce or between unmarried parents in a paternity case. Parents can be justifiably worried and upset over how this issue will affect their present and future relationship with their child(ren) and how it will affect their parental rights. Additionally, child support is also an issue that must be resolved when households break up or between unmarried parents. This must be solved, whether through agreement or litigation between parents, based on Ohio’s guidelines for its calculation. Both of these issues can be complicated but it is important to understand that courts operate on what is in the child’s best interests, not on what parents desire, in regard to them.
At Morgan Law Offices, our Columbus child support and child custody attorney can help you navigate all matters related to the children you share with your spouse or with an unmarried former partner. At our firm, you will have the benefit of extensive experience resolving these issues over a long history extending back decades. Attorney Kelly Morgan understands the emotional stress and uncertainty that is associated with child-related issues and can provide the compassion as well as the professional competence you need.
Child Custody in Ohio
Child custody in Ohio is covered by Ohio Revised Code Section 3109.04. Ohio refers to child custody as the allocation of parental rights and responsibilities. Courts prefer that children maintain a continuing and meaningful relationship with both parents when households are separate. This would only be denied in cases where a parent has a history of domestic violence, child neglect or abuse, or substance abuse. In those situations, the court may allow the implicated parent to have some alternate form of visitation, such as visits supervised by a third party.
Courts commonly award joint physical custody to both parents based on a parenting schedule that splits the time the child spends with each parent. These schedules may not be on a 50-50 basis but are based on many factors, such as proximity of households, work schedules, school or daycare locations, and more. Courts also prefer that both parents have a say in the major decisions involving the child’s upbringing, such as education, healthcare, religion, and more, which is commonly known as “legal” custody. In some cases, however, sole legal custody may be granted to only one parent.
Child Support in Ohio
Child support in Ohio is based on state guidelines that calculate the amount of support that is to be paid from one parent to the other. The parent with whom the child resides for the majority of the time (known as the primary residential parent) generally receives this payment from the other parent.
Child support payments are based on the combined adjusted gross income of the parents. It takes into consideration:
- whether parenting is shared, split, or sole
- the number of children being supported
- which parent is the residential parent
- the number of children from other relationships that are being supported
- income from all sources
- child care expenses
- health insurance
- spousal support
- and more.
Courts assume that the calculated amount shall be what is owed in child support. However, when this amount is considered to be unjust or inappropriate, it may be adjusted up or down. Courts will look at various factors to determine a different payment amount than what has been calculated. The underlying principle of child support, which is considered the child’s right, is to best serve the child.
Turn to Morgan Law Offices for Help
If you need legal help with any issue related to child custody or child support, whether it involves a pending divorce or court case between unmarried parents or whether it has surfaced long after court orders have been issued by a judge, you can turn to our experienced and dedicated family law attorney. Our firm is backed by more than four decades of practice in this field.
"He listened patiently and then provided me with sound advice which I used to get out of a difficult and stressful situation. Plus, knowing that he was there to back me gave me real peace of mind."Emily B.
"Kelly Morgan took time to listen and understand my situation. When you go through such a fragile time in life it's nice to know you have someone solid in your corner to help you legally."Ally M.
"He worked my child support/ parenting agreement quickly and efficiently! I contacted Him and before you know it I was walking out of court with conditions and terms in my favor!"DJ S.
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