custody & paternity

In Ohio, establishing custody is required when parents are unmarried or when one parent seeks to change an existing custody arrangement. Without a court order, custody rights may not be legally enforceable, leaving important decisions about the child’s upbringing unprotected by law.

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For unmarried parents, the mother automatically has sole legal and residential custody of the child until a court order states otherwise. The father must establish legal paternity before filing for custody or parenting time.

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Breakdown of Custody in Ohio

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1. Legal Custody
   Legal custody refers to the authority to make significant decisions about the child’s upbringing, including education, healthcare, and religion. The court may award sole legal custody to one parent or shared parenting, where both parents share decision-making responsibilities.

2. Residential Parent Status
   The residential parent is the parent with whom the child primarily resides. In shared parenting arrangements, both parents may be designated residential parents, though one parent might be named the residential parent for school purposes to determine the child’s school district.

3. Parenting Time (Visitation)
   Parenting time outlines the schedule for when the child spends time with each parent. This can range from equal time with both parents in shared parenting arrangements to limited or supervised visitation in cases where one parent’s access needs to be restricted.

4. Child Support
   Child support is calculated using Ohio’s guidelines, which consider both parents’ incomes, the number of children, and additional costs like healthcare and childcare. If a parent has 90–146 court-ordered overnights per year, they are typically entitled to a 10% deviation in child support. If a parent is unemployed or underemployed, the court may impute income based on their earning potential.

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How the Court Decides

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The court determines custody and parenting time based on the best interests of the child, evaluating factors such as:

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• The child’s relationship with each parent.

• Each parent’s ability to provide a safe, stable environment.

• The willingness of each parent to cooperate and encourage the child’s relationship with the other parent.

• Any history of abuse, neglect, or substance misuse.

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Establishing custody provides a clear and enforceable legal framework for parental rights, parenting time, and child support, ensuring the child’s well-being and stability.

Shared Parenting:
Shared parenting occurs when both parents share legal and physical responsibilities for their child. This means both parents participate in major decision-making, such as education, healthcare, and religious upbringing. Parenting time can be equal or close to equal, but it does not have to be. In shared parenting, both parents are typically designated as residential parents, though one may be named the residential parent for school purposes to determine the child’s school district. Shared parenting requires cooperation and effective communication between parents and is often awarded when it serves the child’s best interests.​ This arrangement requires a Shared Parenting Plan.

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Sole Custody:
In sole custody, one parent is granted exclusive legal and physical custody of the child. This parent makes all major decisions regarding the child’s upbringing, such as healthcare, education, and religion. The other parent, known as the non-custodial parent, may have parenting time (visitation), which can range from regular schedules to supervised visits depending on the circumstances. Sole custody is typically awarded when shared parenting is not feasible, such as in cases involving abuse, neglect, or high conflict between parents. This arrangement requires a Parenting Plan.

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The primary focus in both arrangements is the best interests of the child, with the court evaluating factors like the parents’ ability to cooperate, the child’s relationship with each parent, and the stability each parent can provide.

A 60(B) Motion to Disestablish Paternity is a legal request filed under Ohio Civil Rule 60(B) to set aside a previous judgment of paternity. This motion is typically applicable when new evidence comes to light showing that the individual previously determined to be the child’s father is not the biological father.

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When is it Applicable?

 

A 60(B) motion may be used in situations such as:

• DNA Evidence: Genetic testing reveals that the man previously adjudicated as the father is not the biological father.

• Mistake or Fraud: Paternity was established based on incorrect information, misrepresentation, or fraud.

• Voluntary Acknowledgment of Paternity Error: A man signed an acknowledgment of paternity without knowledge that he was not the biological father.

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Timing

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To file a 60(B) motion, the petitioner must meet strict timelines:

• It must be filed within a reasonable time, typically no more than one year for reasons like fraud, mistake, or newly discovered evidence.

• For motions based on legal defects or other extraordinary circumstances, courts may allow more flexibility, but prompt filing is still required.

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Outcome

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If the court grants the motion and disestablishes paternity, the individual will no longer have legal obligations such as child support. However, the court will also evaluate the child’s best interests, particularly if a parent-child relationship has been established, before making a final ruling.

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A 60(B) motion is a complex legal process, and consulting an attorney is strongly recommended to ensure compliance with procedural requirements and to present the case effectively.

To modify custody in Ohio, you must file a Motion to Modify Custody with the court that issued the original order. The court requires proof of a significant change in circumstances, such as a parent’s relocation, changes in the child’s needs, unsafe living conditions, or a parent’s financial or employment changes.

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The motion should explain the changes and why the modification is in the child’s best interests. After filing, you must notify the other parent through a Request for Service, typically via certified mail.

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The court will schedule hearings where both parents can present evidence and arguments.

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The court evaluates modifications based on the child’s best interests, considering the child’s relationship with each parent, stability, and specific needs. Changes to custody may also affect parenting time and child support. 

In Ohio, child support is determined using a formula that considers both parents’ incomes, the number of children, and additional factors like healthcare and childcare costs.

 

The goal is to ensure the child’s financial needs are met fairly.The guideline calculation sets the base amount, but the court can adjust it based on circumstances such as parenting time or special needs.

 

Child support is intended to cover essentials like housing, food, education, and medical care, prioritizing the child’s well-being.