Areas of expertise
Child Custody Attorneys
At Carlile, Patchen & Murphy, we understand that child custody is one of the most emotionally charged aspects of divorce. That’s why our experienced Family Law attorneys provide compassionate and effective legal representation throughout the entire process.
We know the importance of a strong legal advocate by your side. Whether you’re negotiating a custody agreement during your divorce or seeking to modify an existing order after the fact, our team will fight to protect your parental rights and ensure a custody arrangement that prioritizes your child’s well-being.
Custody Determination
The first step in arranging a custody agreement is working with the other party to come to a consensus on shared parenting responsibilities. If the two sides can work out an arrangement that is acceptable for both sides, the next step would be to create a parenting plan that clearly outlines custody of the child(ren), and establishes visitation rights and decision-making responsibilities.
If the parents can’t agree on the terms of the custody agreement, the court will make a determination that is based on the best interest of the child. If the custody agreement process moves to the court, it is very important to have an experienced attorney on your side.
Child’s Best Interest
When it comes to evaluating the child’s best interest, the court takes several factors into consideration, including the child’s age, health, relationship with each parent. The court will look for stability and evaluate each parent’s ability to provide for the child’s needs. A CPM attorney will work with you to provide the court with the best argument that demonstrates your ability to provide a stable, nurturing environment that supports your desired custody arrangement.
Common Custody Arrangements
In Ohio, there are a few common custody arrangements that a court may approve based on arguments and evidence presented by both sides.
+Joint Custody
Both parents share legal custody, which involves making major decisions about the child’s upbringing, education, healthcare, and religious upbringing. Physical custody can also be joint, where the child spends significant time with both parents.
+Sole Custody
One parent has legal and physical custody of the child, and the other parent may have visitation rights or supervised visitation, depending on the situation.
+Shared Parenting
This is a specific type of joint custody where parents agree to share both legal and physical custody of the child, with a detailed parenting plan outlining the time each parent spends with the child.
+Split Custody
If there are multiple children involved, the custody arrangement may involve each parent having primary physical custody of one or more children.
Modification of a Custody Order
As circumstances change, you may need to request changes to a court appointed custody order. A CPM Family Law attorney can review the circumstances and present an argument to the court that supports your request to modify the original agreement. Here are some common reasons to request a modification of a custody order:
+Relocation
If one parent plans to move a significant distance away, it may necessitate a modification of the custody arrangement to accommodate the new living situation.
+Changes in the Child’s Needs
As children grow older, their needs and preferences may change, which could warrant a modification of the custody arrangement to better serve the child’s best interests.
+Substance Abuse or Domestic Violence
If there are concerns about a parent’s substance abuse or a history of domestic violence, it may prompt a modification of the custody arrangement to ensure the child’s safety and well-being.
+Violation of Custody Order
If one parent consistently violates the terms of the existing custody order, such as repeatedly withholding visitation or failing to adhere to the agreed-upon parenting schedule, it may prompt a modification of the custody arrangement to enforce compliance.
+Changes in Parenting Ability
If there are concerns about one parent’s ability to provide a safe and stable environment for the child, such as due to mental health issues or neglect, it may lead to a modification of the custody arrangement to ensure the child’s well-being.
Child Custody Attorneys Near You
At Carlile, Patchen & Murphy, our experienced Family Law attorneys are here to assist you as you work out the custody agreement following a divorce, dissolution, or legal separation. We will work hard to fight for your parental rights and ensure the needs of your child(ren) are met through the legal process. Contact our office today to schedule a custody consultation.
Custody Agreement FAQs
View the most common questions our Family Law Attorneys are asked about Child Custody Agreements.
+What types of child custody exist in Ohio?
In Ohio, child custody arrangements fall under a few main categories:
- Shared Parenting: Both parents share legal decision-making, even if the child primarily lives with one parent. This is Ohio’s version of joint custody.
- Sole Custody: One parent has full decision-making authority; the other may have visitation rights.
- Split Custody: Each parent has full custody of at least one child from the relationship—used rarely and only when it benefits the children.
- Joint Physical Custody: Though not a formal term in Ohio, some shared parenting plans involve equal or near-equal parenting time.
Ohio courts always focus on the best interests of the child when determining custody and parenting time, encouraging cooperative co-parenting when possible.
+How do Ohio courts decide custody?
Courts in Ohio base custody decisions on the best interests of the child. Judges consider factors like the child’s relationship with each parent, each parent’s ability to care for the child, the child’s adjustment to school and home life, and (in some cases) the child’s wishes. Having a CPM attorney on your side ensures your parental rights are vigorously defended.
+At what age can a child choose which parent to live with?
In Ohio, a child does not have the absolute right to choose, but the court may consider the child’s wishes—around age 12 or older—as one of many factors in determining their best interests.
+Do mothers automatically get custody in Ohio?
No. Ohio law is gender neutral. Custody decisions are based solely on what is best for the child, not the gender of the parent. Both mothers and fathers have equal rights in custody cases.
+Can custody arrangements be changed after the divorce?
Yes. Custody and parenting time can be modified if there has been a substantial change in circumstances and the change is in the child’s best interest. Common reasons include relocation, changes in a parent’s lifestyle, or concerns about the child’s wellbeing.
+What if one parent violates the custody order?
If a parent violates a custody or parenting time order, the other parent can file a motion for enforcement. The court may impose penalties or modify the custody arrangement if the violation is serious or ongoing.
+Do I need a custody order if we agree on everything?
Yes. Even if both parents agree, it’s important to formalize the arrangement in a court-approved parenting plan. Contact a CPM Family Law attorney to ensure your rights are protected.
How can we help you today?
Give us a call or send a message with any inquiries and legal questions.
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