Child Custody Laws in Ohio
How courts in Ohio decide child custody and parenting time, the best-interest factors, and whether parents must take a class or try mediation.
Short answer: Ohio allocates parental rights and responsibilities based on the best interest of the child. Factors include the parents' wishes, the child's wishes as expressed to the court in an interview, the child's relationships and adjustment to home, school and community, the health of everyone… Ohio Rev. Code 3109.04
| Child custody | Ohio allocates parental rights and responsibilities based on the best interest of the child. Factors include the parents' wishes, the child's wishes as expressed to the court in an interview, the child's relationships and adjustment to home, school and community, the health of everyone involved, which parent is more likely to honor parenting time, child support payment history, and any abuse, neglect or domestic violence history. Parents may request shared parenting by filing a plan. The court may interview the child in chambers and must do so if either party asks; the statute does not set an age at which a child's preference controls. Source: Ohio Rev. Code 3109.04 |
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| Emergency and temporary custody | In a divorce, annulment or legal separation case, a party can ask for temporary orders on custody (allocation of parental rights and responsibilities), child support and spousal support in the complaint, answer or counterclaim, or by a motion served with it, supported by an affidavit filed with the clerk. For good cause, the court or magistrate may grant the temporary order without an oral hearing. The other party may file counter-affidavits within 14 days, and on a written request after the temporary order is journalized, the court must hold an oral hearing within 28 days to consider changing it. The temporary order stays in effect until it is changed. Source: Ohio Civ.R. 75(N) |
| Parenting class or mediation | In divorce, legal separation, annulment and custody cases, the court may require parents to attend parenting classes or obtain counseling before it issues an order on parental rights, and may require the children to attend too. Whether classes are required depends on the court. Parents pay the cost unless the court finds both parents indigent. Source: Ohio Rev. Code 3109.053 |
Where to get help in Ohio
More Ohio divorce & family law
- Getting a Marriage License in Ohio
- Adopting a Child in Ohio
- Guardianship of a Child or Adult in Ohio
- Establishing Paternity in Ohio
- Changing Your Name in Ohio
- How Child Support Is Calculated in Ohio
- Divorce Records in Ohio
- Alimony and Spousal Support in Ohio
- How to File for Divorce in Ohio
- Legal Separation and Annulment in Ohio
- All Ohio divorce & family law rules
FAQ
How is child custody decided in Ohio?
Ohio allocates parental rights and responsibilities based on the best interest of the child. Factors include the parents' wishes, the child's wishes as expressed to the court in an interview, the child's relationships and adjustment to home, school and community, the health of everyone involved, which parent is more likely to honor parenting time, child support payment history, and any abuse, neglect or domestic violence history. Parents may request shared parenting by filing a plan. The court may interview the child in chambers and must do so if either party asks; the statute does not set an age at which a child's preference controls.
How do you get emergency custody in Ohio?
In a divorce, annulment or legal separation case, a party can ask for temporary orders on custody (allocation of parental rights and responsibilities), child support and spousal support in the complaint, answer or counterclaim, or by a motion served with it, supported by an affidavit filed with the clerk. For good cause, the court or magistrate may grant the temporary order without an oral hearing. The other party may file counter-affidavits within 14 days, and on a written request after the temporary order is journalized, the court must hold an oral hearing within 28 days to consider changing it. The temporary order stays in effect until it is changed.
Do you have to take a parenting class to divorce in Ohio?
In divorce, legal separation, annulment and custody cases, the court may require parents to attend parenting classes or obtain counseling before it issues an order on parental rights, and may require the children to attend too. Whether classes are required depends on the court. Parents pay the cost unless the court finds both parents indigent.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.