Single parents, divorcing couples, or even grandparents seeking child custody or visitation may find themselves in need of serious legal advice. This is where an experienced Ohio family law attorney comes in. Divorce and custody laws are extremely complex in Ohio, so it is important to find an Ohio lawyer who specializes in family law. Every case is unique, so having legal expertise on your side can make a big difference in the outcome.
In order for a divorce or custody arrangement to be considered a winning situation, both parties must eventually either reach an agreement or go to trial and have a judge decide. This can be difficult to do without a third party mediating the discussions. In addition to representing the best interests of their clients, Ohio family law attorneys keep the conversation focused on the issues and free of emotions that could derail a potential settlement.
Ohio Divorce Help and Advice
Divorce requires making difficult decisions, such as which party receives what property and who will have custody of the children. These conversations are necessary in order to finalize the divorce and move on with life. Divorcing couples should try their best to agree on these arrangements so a judge will not need to get overly involved. Ohio divorce laws can make the process difficult to navigate, and having an understanding of them is the first step to getting what you deserve.
Ohio Divorce Grounds
Ohio, like every other state in the country now, is a no-fault divorce state. this means that you do not have to prove grounds to be divorced in Ohio as was required years ago. Ohio divorce grounds are governed by statute, specifically, Chapter 3105 of the Ohio Revised Codes. Now, you must show that the parties to the divorce have no lived together for at least 1-year, and they are “incompatible” with each other. Other grounds that are allowed in Ohio are: adultery, extreme cruelty, fraud, gross neglect, habitual drunkenness, or imprisonment. The most common form of divorce in Ohio, like other states, is on a no-fault basis.
Hiring an Ohio family law attorney is one way that couples can increase the chance of agreement or getting what they deserve at trial. An Ohio family law attorney will help them work through property and debt division, spousal support, child custody or visitation, and child support issues. Even if these attorneys are not needed during some discussions, they play valuable roles by answering client question, serving as consultants, and completing the required paperwork.
If spouses cannot come to agreement on their own, their lawyers can step in and help them negotiate points of dispute. If a trip to court becomes necessary, they will have legal representation to make stronger cases. The goal is to settle all contested issues before the case goes to trial, which often involves significant time and money.
Ultimately, the couple determines whether their divorce is uncontested or contested. An uncontested divorce in Ohio is quicker, less expensive, and requires only one spouse to appear at a final court hearing. At this hearing, the judge reviews and approves the separation agreement prepared by legal counsel and if the provisions are satisfactory, issues a court order ending the marriage. Ohio family law courts believe that getting through a divorce without having to prove specific grounds is better for all litigants and judges as it streamlines the process.
Ohio Child Custody Help
When a divorcing couple has children, they must make child custody decisions. Ohio, like most states, considers the best interests of the child as the main standard for determining who will have residential (physical) custody of the child. Specifically, Chapter 3109.04 Ohio Revised Statutes, states that a court will determine child custody actions by what it believes is in the best interests of the minor child. Divorcing parents are encouraged to come to agreement on how child-rearing responsibilities will be shared. An Ohio family law attorney may help them reach agreement but in some cases, the family court must be called upon to render a decision.
Ohio family law courts consider a variety of factors when determining what is in the best interests of the child. They review interactions between each child and both siblings and parents. In addition, they consider the emotional and mental health of the children and parents as well as adjustments required of each child due to changed living arrangements.
In Ohio, the wishes of both parents and in some cases, the children, are considered in Ohio child custody decisions. This means that if a child has sufficient ability to reason, the judge may ask the youngster about his or her custody preferences. Each parent also has a role to play by respecting the relationship the other has with each child. Ohio family courts also consider serious issues including domestic and sexual abuse when making their final custody decision.
The ideal outcome to a child custody discussion is for parents to agree on the custody arrangement without involving the court. A local Ohio lawyer can help them do this or the case may need to be decided by a judge. In all situations, the decision should be based on the best interests of the child. The goal is for each child in the family to live a happy and healthy future. Ohio family law is complex, and issues regarding child custody require the experienced that only a local attorney can provide.
Ohio Child Support Help
Ohio considers both parents responsible for supporting a child to at least age 18. Ohio child support payments are typically made by the parent who does not receive primary custody. The payment amount is dictated by combined parental income and the number of children requiring support. Both parents must contribute to health insurance costs for their children. Ohio uses an incredibly confusing formula to determine how much child support needs to be paid, which is why utilizing the expertise of an Ohio family law attorney is so important to get it right the first time. Ohio statute lays out a basic schedule for the payment of child support, which can be found in the Ohio Revised Statutes Chapter 3119.021. This child support schedule does have some variations, so speaking with an Ohio family law attorney is a good idea to make sure the child support amount is correctly calculated!
If custody is split between parents, with each parent assuming custody of a different child, or 50/50 parenting time with one child, the parent who earns more money is normally required to pay the amount that comprises the difference in parental contributions. If deemed in the best interests of the child, a judge may make adjustments to required child support payments.
Ohio child support calculations can be complicated due to the definition of income and included benefits. Calculations differ for parents with shared custody, sole custody, and split parental rights, adding to the complexity. Online calculators and worksheets can be helpful but verifying calculations with an Ohio family law professional is recommended.
Courts assume that the child support guidelines result in an appropriate calculation. However, a parent with a shared parenting order can request revision before the child support order is issued. Modification may also be requested after the order is put in place and an Ohio lawyer or local Child Support Enforcement Agency can provide assistance. This is common when one or both parents change jobs, become unemployed, or begin earning a substantial amount of more money.
Ohio Father’s Rights Help
When fathers divorce the mothers of their children, they are often concerned about their parental rights. They know that past decisions have granted mothers more rights and they worry that they may lose their relationship with their children. According to Ohio custody law, both parents have equal rights and responsibilities to physically and legally care for their children. Even though the law technically states that each parent has equal custody rights, the truth is that Ohio courts lean in the mother’s direction. Having an experienced Ohio father’s rights attorney on your side is your best chance at winning custody as a father. Speaking with a fathers rights lawyer in Ohio is important to protect your rights!
In Ohio, a court cannot assign shared parenting, visitation, or custody based only on the gender of the recipient. A father who has a child while married to the mother of that child need not prove paternity. An unmarried father who has a child must establish paternity before he is entitled to his parental rights. Once paternity is established, the father can petition for and receive shared parenting, visitation, or even custody. Establishing paternity is not a simple task, and is governed by statute, specifically Chapter 3111 of the Ohio Revised Code.
Fathers who have established paternity often require assistance with exercising their parental rights. Paternity does not carry any rights to parenting time, nor does payment of child support. A court must issue an order dictating the rights and responsibilities of each parent. An Ohio family law attorney can help a male parent receive the desired amount of custody or visitation.
Ohio has extremely confusing and complex laws concerning divorce, custody and child support. It is necessary to have a basic understanding of how these laws can affect your case. Getting the Ohio family law help and advice you deserve is as easy as picking up the phone and giving our team of Ohio family law attorneys a call right now!
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