North Canton Child Custody Attorney

When there are children involved, the divorce process can be highly complicated as parents try to balance the best interests of the child with their own schedules and needs. Emotion can cloud judgment in child custody matters and Ohio law is complex, especially as custody evolves into the preferred arrangement commonly termed “shared parenting.”

The child custody team at Fout Law in North Canton, OH assists clients with all types of custody issues. Attorney Teresa Fout has extensive experience taking on a number of different roles in the process, as divorce counsel, child custody advocate, mediator, and trial lawyer. Whether or not you and the child’s other parent can agree on custody, our team will ensure a smooth process. If it’s necessary to take the matter to court, we’re at your side.

Allocation of Parental Rights and Responsibilities

Ohio is one of many states that recognize the importance of both parents in the life of a child, so the traditional notion of “joint custody” now falls under the concept of shared parenting. In this arrangement, both parents are considered residential parents; the child legally lives with each one, though one parent is designated for purposes of school residence.

• Agreements Regarding Minor Children: Divorcing parents may agree to allocate parental rights and responsibilities to make major decisions regarding the child’s health and welfare, including religion, education, travel, extracurricular activities, discipline, and online usage.
• Allocation of Parental Rights and Responsibilities in Absence of Agreement: If parents cannot agree, it may be necessary to go to court and have the judge make a determination. In such a situation, the judge will turn to the child’s best interests standard designated by Ohio law. After a hearing, a judge will make a decision based upon consideration of such factors as:
  • The child’s wishes, if appropriate;
  • The child’s relationship with each parent, as well as siblings and other members of the household;
  • How well the child may be expected to adjust to changes in the home or school environment;
  • The wishes of the parents;
  • Each parent’s willingness to encourage the child’s relationship with the other;
  • The parents’ willingness to cooperate and share in decisions regarding the child’s upbringing; and,
  • Other considerations as designated by law or where appropriate.

Other Custodial Arrangements

In some cases, it’s not appropriate to order a shared parenting arrangement due to one parent’s mental health, substance abuse, or use of domestic violence. The other parent may request sole custody with limited or supervised visitation if it would be in the child’s best interests. 

Discuss Your Situation with an Ohio Child Custody Lawyer

Child custody is among the more difficult issues at stake in an Ohio divorce case, so it’s smart to retain an experienced attorney to take on the tough challenges. A knowledgeable lawyer can help you understand the legal implications involved, so you’re in a better position to make informed decisions regarding your future. To hear more about your options in a child custody case, please call the North Canton, OH office of Fout Law at 330-437-7455 or contact us online.