Although parents may differ on ideas about custody, the court looks out for the children’s best interest. That being said, there are ways of achieving a positive outcome for everyone involved.
An Akron child custody attorney at Erb Legal can review your situation and help you decide the next best steps. We understand Ohio child custody law and will help you throughout the legal process.
Call 330-249-1778 or use our online form to schedule a consultation.
Tom Erb Jr. is the family lawyer you want in your corner.
View Firm AwardsChild custody matters are complex. Not only do you need to consider what you want, but you have to think about what would be best for the children. The court will focus solely on what is in the children’s best interests. The easiest way to meet your goals in a child custody battle is to work with a child custody lawyer from Erb Legal who can guide you through the process.
When dealing with a custody matter in Akron, you will have to attend hearings before the Summit County Domestic Relations Court. The Administrative Judge is Katarina Cook, and the Judge is Susan Steinhauer. These judges have preferences in presenting legal documents, motions, and other information to the court. It’s important to know local judges, how they may rule, and be able to work with their staff effectively.
All courts have specific rules, including the proper paper size to file legal documents and the word count for various motions. The Akron child custody lawyers at Erb Legal know local court rules and are comfortable in the courtroom. We take cases to hearings frequently.
Your child’s other parent or anyone else involved in a custody case will likely have a child custody attorney. That lawyer will want to discuss the details of child custody and try to work things out before the case goes to court. It would be best if you had a legal professional on your side who could negotiate the details to help you achieve your goals.
We know that you might think you know what is best for your child, but often it’s beneficial to negotiate an agreement between all the parties involved in a case. This reduces conflict and improves the chance that everyone will abide by the court’s final order.
Akron recognizes two types of custody: sole custody and shared parenting (also called joint custody). The main differences in these types of custody are decision-making rights and physical custody.
Sole custody allows one parent to have primary control of making decisions for the child. That includes medical decisions and educational issues. The child would also live with the parent who has sole physical custody. The other parent would likely have visitation rights unless there is a compelling reason to deny it.
Shared parenting is typically the preferred method of allocating legal custody in Ohio. This custody arrangement encourages parents to work together and make decisions based on the child’s best interests.
One parent may have primary physical custody as a residential parent; however, the other parent would have visitation. Parents are encouraged to share time in a 50/50 time split with a shared parenting plan in some situations. When that is not feasible, parents should work out another plan.
When parents share custody, they typically create a Shared Parenting Plan that establishes the details of their parenting situation. The plan should identify decision-makers regarding medical care and education and who will pay for extracurricular activities and health insurance.
Our Akron custody lawyers help you develop a Shared Parenting Plan so that the agreement reached is fair to you.
Suppose neither of the biological parents are well suited to have custody of a child. In that case, a third party may get custody. The unsuitability of a natural parent is determined on a case-by-case basis. Grandparents, aunts, uncles, and other non-parents commonly seek control in complex custody situations. However, it is also possible for a person outside of the family to obtain custody.
Foster parents may seek to adopt or obtain custody of a child in some situations. These documents are typically complex and require some agreement by the biological parents or finding by the court that the natural parents are unfit.
The primary concern of Ohio courts is to ensure all child custody decisions are in “the best interests of the child.” According to Ohio Revised Code Section 3109.04(F)(1), the court will consider many factors when determining what is in a child’s best interests, including:
The court may also consider other factors as presented by a party in the case. It’s essential to gather as much evidence as possible to fight for the custody arrangement you feel is best for your family.
Many child custody cases are kicked off by divorce proceedings, but you can file paperwork outside of those situations.
The custody process begins when one parent or another interested party files a complaint or motion with the Summit County Domestic Relations Court. This legal filing outlines the type of custody being requested and includes reasons why that arrangement would serve the child’s best interests.
After the case is filed, the court may order mediation. This gives both sides a chance to work out a parenting plan without going to trial. Mediation can help establish agreements on legal custody, physical custody, visitation schedules, and decision-making responsibilities. If an agreement is reached, it will be submitted to the court for approval.
If no agreement is reached during mediation, the case moves toward a formal hearing. Both sides can present evidence, call witnesses, and make arguments to support their position. In some cases, the court may appoint a Guardian ad Litem to represent the child’s interests and offer a recommendation based on their investigation.
When deciding custody, the judge will apply factors from Ohio law to determine what arrangement supports the child’s best interests. These include each parent’s relationship with the child, the child’s adjustment to home and school, the ability of each parent to care for the child, and any history of abuse or neglect.
Working with an experienced child custody lawyer in Akron is critical throughout this process. Your attorney will make sure filings are correct, deadlines are met, and your case is presented clearly and effectively. They can also help negotiate agreements that protect your rights and your child’s future. As your teammate, your custody attorney wants what’s best for you and your family. They will ensure there are no surprises or unexpected hurdles to disrupt your peace and security.
Yes. Many parents resolve custody issues through private negotiation. With help from a lawyer, you can create a legal agreement that protects your child and your rights without the stress of a full trial.
Yes. Even when both parents agree, a lawyer can make sure the agreement follows Ohio law and is filed correctly. This helps avoid delays and ensures the agreement is legally enforceable if problems come up later.
When both parents are unfit, the court may award custody to a grandparent, relative, or another adult. The court will review what is best for the child and may require detailed evidence to approve custody for someone who is not a parent.
If a parent plans to relocate with the child, they must get court approval before making the move. The court will evaluate how the relocation affects the child’s relationship with both parents and whether it supports the child’s best interests. These cases can be complex and may lead to changes in custody or parenting time arrangements.
When you face a situation where you need to establish a child custody arrangement or modify an existing one, you deserve legal advice as quickly as possible. There are many factors to consider when working to meet the needs of your family and your child. The court will only be interested in your child’s best interests, but with strong legal arguments, you can have input.
Erb Legal has worked with countless clients striving to obtain custody of or visitation. Call us at 330-249-1778 or use our online form for a consultation.