Child Custody

F

ew legal matters cut as deeply as those involving your children. The uncertainty of where they will live and how decisions about their future will be made creates significant stress for any parent during and after divorce. Protecting your relationship with your children requires clear legal counsel and a steady hand. At Gertz & Rosen, our attorneys understand that nothing matters more than your family. We’re dedicated to guiding parents through Ohio’s allocation of parental rights process with compassion and skill.

How Child Custody Works in Ohio

Ohio law uses specific terminology that differs from what many people expect. Instead of simply “custody,” the courts refer to the “allocation of parental rights and responsibilities.” This legal framework focuses less on ownership and more on the duties each parent holds regarding their child. It breaks down into two primary components:

• Legal Custody: This refers to the authority to make major life decisions for the child. It covers choices regarding education, religious upbringing, healthcare, and general welfare.
• Physical Custody: This determines the child’s residence. It dictates where the child sleeps and spends their daily life.

The state of Ohio has moved away from the traditional notion of one parent winning “full custody” while the other is only granted “visitation.” The courts and the legislature now strongly encourage the idea of shared parenting. This arrangement allows both parents to remain actively involved in their child’s life. The goal is to maximize the involvement of both parents, provided it serves the best interests of the child.

The Role of Parenting Plans

In Ohio, a parenting plan serves as the roadmap for your family’s future. It is a formal document that outlines the specific details of how you and the other parent will raise your children moving forward, and where the children will spend their time. A comprehensive plan reduces future conflict by setting clear expectations.

There are generally two paths to establishing a parenting plan:

• Mutual Agreement: Parents often achieve the best outcomes when they collaborate. Working together to create your own custom schedule allows you to retain control over your family’s lives and traditions. It typically results in a more flexible and sustainable arrangement.
• Court Intervention: If parents cannot agree, the court will step in. A judge or magistrate will review the evidence and issue an order based on statutory factors. While sometimes necessary, this removes the decision-making power from the parents.

Modifications and Enforcement of Custody Orders

Life rarely stays the same after a court order is finalized. Circumstances change, and legal orders sometimes need updates to reflect new realities.

• Modifications: A parenting plan that worked for a toddler may not work for a teenager. Similarly, changes in employment or relocation can make an existing schedule impossible to follow. To modify a custody order in Ohio, you must demonstrate that a change in circumstances has occurred since the last decree. This change must be significant enough to warrant disrupting the current arrangement. The court will always prioritize whether the modification serves the child’s best interests.
• Enforcement: Unfortunately, obtaining a court order does not guarantee compliance. If one parent consistently denies parenting time or fails to consult on legal decisions, you have options. We assist clients with enforcement actions to uphold their rights. This may involve filing a motion for contempt, where the court can impose penalties on the non-compliant parent to compel them to follow the order.

Why Let Gertz & Rosen Help with Your Child Custody Matters?

At Gertz & Rosen, we’ve spent decades helping families work through complex child custody disputes. Here’s why parents continue to choose us:

• Experience Rooted in Ohio Family Law: With a deep knowledge of Ohio’s family law statutes and years of courtroom experience, we break down the legal process in plain language, empowering you to make confident, well-informed choices.
• Customized Parenting Plans That Work for You: No cookie-cutter solutions here. We take the time to understand your schedule, your child’s needs and activities, and even the traditions that make your family special. The result? A parenting plan that fits your life, not the other way around.
• A Proven Balance of Negotiation and Litigation: We know the emotional toll custody battles can take, which is why we prioritize resolving conflicts through negotiation whenever possible. But when compromise isn’t an option, we’re not afraid to fight aggressively for your parental rights in court.

Let us help you secure a stable, fair, and supportive future for your family.

Get the Advocacy Your Family Deserves

Your relationship with your children is too important to leave to chance. Whether you are establishing an initial custody order or need help enforcing an existing one, you need an advocate who will prioritize your parental rights.

Gertz & Rosen is ready to be that advocate. Contact us today to schedule a consultation. Let us help you secure a stable future for your family.