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Understanding Who Gets Custody and Why?

Ohio child custody issues are always determined based on what is best for the child involved. Neither parent is given preferential treatment because of financial status or gender. The court’s interest is in providing the best living situation for your child. Anne Catherine Harvey, LLC has provided child custody legal services to clients in the Dayton and surrounding areas for nearly twenty years. An Ohio State Bar Association (OSBA) Board Certified Specialist in the Field of Family Law, Ms. Harvey promises she is in for the long haul.
Dayton sole custody
Sole custody occurs when the judge determines your child is better off living with one parent over the other. Issues considered to determine custody include:

  • Child’s wishes
  • Parents’ wishes
  • Child’s relationships with parents, siblings and other persons
  • Mental and physical health of all parties
  • Parental history of abuse or neglect
  • Established parental residence located outside the state

Dayton temporary child custody
In some cases, temporary custody is awarded to a relative rather than a parent. Temporary custody generally lasts a year unless terminated by the court. It is also possible to get two additional six-month extensions. However, at the end of 24 months a more permanent solution must be rendered. Depending on the circumstances, the court may order reunification with a parent or give legal custody to a relative or to child services, which allows the child to be adopted.
However, parents retain certain rights including:

  • Visitation
  • Determining child's religion
  • Knowledge of child's medical condition
  • Notice of any legal proceedings
  • Notice of any placement moves
  • To participate in and consent to the case plan
  • Right to consent to the marriage of an underage child

Dayton dad’s rights

Ohio has no parental preference and a dad may be as likely to get custody of his minor children as a mother. A father who was never married to their child’s mother may file an affidavit of paternity or undergo DNA testing to establish paternity to work toward parental rights. However, the procedures must follow certain guidelines to be considered by the court. An unmarried father may also file with the court to establish parentage and seek parental rights.

Contact a Dayton child custody lawyer today

Anne Catherine Harvey has spent nearly 20 years defending the rights of parents in custody cases. Contact us today to arrange for a consultation to discuss your case.