Separation or divorce in Ohio is a stressful enough event but determining who makes decisions for the children and how much time each parent spends with them is even more confusing.
Many parents think “custody” and “parenting time” are interchangeable terms, but under Ohio family law, they mean different things.
Understanding this difference helps you as a parent to protect your rights and to maintain healthy relationships with your children.
Custody vs. Parenting Time: The Basics
The key definitions under Ohio law are:
- Custody: This refers to the legal authority and the responsibilities to make important decisions for a child.
- Parenting Time: Previously called “visitation”, this refers to the schedule which sets out when and how each parent physically spends time with the child.
Generally, courts will ensure both parents have ongoing contact with the child and involvement with their life, even if one parent has primary residential custody. The only exception is if doing so would harm the child in any way.
The law which governs these issues is found in Ohio Revised Code §3109.04 (allocation of parental rights and responsibilities) and §3109.051 (parenting time and visitation).
Both custody and parenting time are determined with the child’s best interests at the forefront of the decision.
Types of Custody in Ohio
Under Ohio Revised Code §3109.04, there are two main ways in which courts allocate parental rights. Courts will either:
- Award sole custody (sole legal custody): Here, one parent has full authority when it comes to making major decisions for the child, and the other parent usually receives parenting time (visitation).
- Shared parenting: In this case, both parents share the decision-making authority, and this is irrespective of where the child lives. Shared parenting doesn’t automatically mean that both parents will spend equal time with the child, but nevertheless, both remain actively involved.
When the court determines custody, it will consider:
- What the child’s relationship is with each parent and siblings.
- How the child will adjust to home, school, and community.
- The mental and physical health of each parent.
- Each parent’s willingness to encourage the child to have a relationship with the other parent.
Understanding Parenting Time
Parenting time is designed to ensure that the child has and maintains a strong relationship with both parents, even when they don’t live together. Some key facts to remember about parenting time are:
- The parent who doesn’t reside with the child will usually be granted parenting time under a court-approved schedule.
- In Ohio, each county has its own local standard parenting time orders – these can be customized depending on the needs of the family.
- Usually, schedules will include alternating weekends, weekday visits, holidays, and vacation time.
- If the circumstances change in any way, the court can modify parenting time. Changes can be relocation, a new work schedule, or if the needs of the child evolve and change.
- Courts can also restrict or supervise parenting time, but only if there is a welfare or safety concern.
How Courts Decide Custody and Parenting Time
Under Ohio law, if there is a disagreement between the parents, the courts will make custody and parenting time decisions based on the best interests of the child. Key factors they consider are:
- Each parent’s ability to provide stability in the home.
- What the child’s wishes are (depending on age and maturity).
- Any evidence of neglect, abuse, or substance misuse.
- The parents’ willingness to communicate and co-parent effectively.
- How the child will adjust to school and community.
- The child’s relationship with each parent.
In general, judges lean towards arrangements that will promote stability, cooperation, and ongoing contact between the child and both the parents, where possible and when there are no other concerns.
Why You Should Seek Legal Help
In the event you are separating or divorcing, it’s important to understand what the difference is between custody and parenting time, and how both of those work in Ohio so that your rights as a parent are protected.
At David Shook, we help families like yours every day in navigating custody disputes, and in creating parenting plans that put your children first.
You don’t have to face the legal maze of custody and parenting time alone – contact us today for a consultation, and let’s work together in ensuring the best possible outcome for your family.