Are you confused about the difference between visitation and custody in Ohio? You’re not alone. Many families face uncertainty when it comes to understanding these legal arrangements.
At Zuercher Law, we have nearly two decades of experience in Central Ohio family law, and our compassionate approach has helped countless families in Dublin and Columbus.
In this post, we aim to clear up the confusion between visitation and custody, sharing our understanding in plain language so you feel informed and supported.
Defining Custody in Ohio
Custody in Ohio refers to the legal rights and responsibilities parents have regarding their child’s care. This concept covers decision-making on matters like education, healthcare, and other essential aspects of a child’s life.
When we talk about custody, we’re discussing who gets to make those day-to-day decisions and where the child calls home.
Types of Custody
Legal custody gives a parent the right to decide on the child’s upbringing. This can be arranged in two ways:
- Sole Legal Custody: Only one parent makes the important decisions.
- Shared Parenting: Both parents share decision-making responsibilities.
In Ohio, courts look at various factors such as the child’s wishes, each parent’s ability to care for the child, and how involved the child’s extended family might be.
Ohio’s Best Interest of the Child Standard
Every decision made by Ohio courts in custody cases focuses on what is best for the child. This means that judges consider several aspects, including as:
- The child’s own wishes (depending on their age and maturity)
- The ability of each parent to provide a safe and supportive home
- The child’s relationships with siblings and other family members
This standard ensures that the child’s physical, emotional, and educational needs remain the top priority.
Visitation (Parenting Time) in Ohio
In Ohio, the term “parenting time” is often used in place of visitation. This change in terminology underscores that the time a child spends with a non-residential parent is a right for the child, not just a benefit for the parent.
Types of Parenting Time
Similar to custody, there are various types of parenting time. Let’s take a brief look.
Scheduled Parenting Time
Scheduled parenting time is when visits occur on a set timetable. Typical arrangements include weekends, holidays, and parts of school breaks. Courts may issue an order outlining this schedule and even adjust it if circumstances change.
Supervised Parenting Time
Sometimes, the courts decide that a non-residential parent should have supervised parenting time. This arrangement is used when there are concerns about the child’s safety or well-being during unsupervised visits. Supervised visits might occur at a designated location with a trusted third party present.
Reasonable Parenting Time
Reasonable parenting time is a more flexible arrangement where both parents agree on the times that the child spends with each of them. This approach allows for adjustments based on the day-to-day needs of the family and is usually reserved for older children who have a number of obligations of their own like sports, work, or other time-consuming activities. .
How Custody and Parenting Time Differ
It’s important to understand that custody and parenting time serve different purposes:
- Custody: Focuses on decision-making authority and where the child lives.
- Parenting Time: Determines when and how the non-residential parent spends time with the child.
While these aspects often overlap, they address different parts of a child’s daily life.
Differences Between Custody and Parenting Time
Here are some points that clearly distinguish the two:
- Decision-Making: Custody is all about who makes the major decisions regarding the child’s upbringing.
- Residency: Custody determines where the child lives most of the time, whereas parenting time establishes how often the child sees the non-residential parent.
- Purpose: Custody deals with legal responsibilities, while parenting time focuses on preserving the child’s relationship with both parents.
Ohio courts keep the child’s best interests at the heart of these decisions. Judges often encourage parents to work together to create shared parenting plans or visitation schedules that support the child’s overall well-being. In many cases, mediation can be a helpful way to settle differences outside of court.
Common Misconceptions and FAQs
It’s easy to assume that if parents share legal custody, they automatically get equal parenting time. However, that isn’t always the case. Here are some frequent questions we hear:
Does joint legal custody mean equal parenting time?
Not necessarily. Joint legal custody means both parents share the right to make decisions, but it does not guarantee an equal split in physical custody or parenting time.
Can parenting time be denied?
Generally, unless there are serious safety concerns, a child has the right to see both parents.
How do child support and custody relate?
Child support and custody are separate issues. A parent might have limited parenting time yet still have a legal responsibility to provide child support.
What happens if a parent violates a custody or parenting time order?
Violating a court order can result in legal consequences. Courts take such breaches seriously and may modify the arrangement if necessary.
Taking the Next Step: Contact Zuercher Law Today
If you’re facing custody or parenting time issues in Columbus or Dublin, Ohio, you don’t have to face them alone. Reach out to us for a consultation, and let our caring team help you find the best path forward for your family.
Give us a call at 614-633-4774 or visit our website to set up an appointment. We’re here to support you and your family during these challenging times.
We look forward to hearing from you and helping you secure a stable and positive future for your loved ones.
