What Factors Does A Court Use To Decide Child Custody?

child custody
What factors does a court use to decide child custody and parenting time?  The following from Ohio Revised Code 3109.051 (R.C. 3109.051) sets forth the factors:  
  1. The prior interaction and interrelationships of the child with the child’s parents, siblings, and other persons related by consanguinity or affinity, and with the person who requested companionship or visitation if that person is not the parent, sibling, or relative of the child;
  2. The geographical location of the residence of each parent and the distance between those residences, and if the person is not a parent, the geographical location of that person’s residence and the distance between that person’s residence and the child’s residence;
  3. The child’s and parents’ available time, including, but not limited to, each parent’s employment schedule, the child’s school schedule, and the child’s and the parents’ holiday and vacation schedule;
  4. The age of the child;
  5. The child’s adjustment to home, school, and community;
  6. If the court has interviewed the child in chambers, pursuant to division (C) of this section, regarding the wishes and concerns of the child as to the parenting time by the parent who is not the residential parent or companionship or visitation by the grandparent, relative, or other person who requested companionship or visitation, as to a specific parenting time or visitation schedule, or as to other parenting time or visitation matters, the wishes and concerns of the child, as expressed to the court;
  7. The health and safety of the child;
  8. The amount of time that will be available for the child to spend with siblings;
  9. The mental and physical health of all parties;
  10. Each parent’s willingness to reschedule missed parenting time and to facilitate the other parent’s parenting time rights, and with respect to a person who requested companionship or visitation, the willingness of the person to reschedule missed visitation;
  11. In relation to parenting time, whether either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or neglected child; whether either parent, in a case in which a child has been adjudicated an abused child or neglected child, previously has been determined to be the perpetrator of the abusive or neglectful act that is the basis of the adjudication; and whether there is reason to believe that either parent has acted in a manner resulting in a child being an abused child or a neglected child;
  12. In relation to requested companionship or visitation by a person other than a parent, whether the person previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or neglected child; whether the person, in a case in which a child has been adjudicated an abused child or neglected child, previously has been determined to be the perpetrator of the abusive or neglectful act that is the basis of the adjudication; whether either parent previously convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding; whether either parent previously has been convicted of an offense involving a victim who at the time of the commission was a member of the family or household that is the subject of the current proceeding and caused physical harm to the victim in the commission of the offense; and whether there is reason to believe that the person has acted in a manner resulting in a child being an abused child or a neglected child;
  13. Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent’s rights to parenting time in accordance with an order of the court;
  14. Whether either parent has established a residence or is planning to establish a residence outside this state;
  15. In relation to requested companionship or visitation by a person other than a parent, the wishes and concerns of the child’s parents, as expressed by them to the court;
  16. Any other factor in the best interest of the child.
  Take a look at some of my articles, where I talk at length about these words and how they relate to divorce, dissolution, and child custody: do I have to file anything before moving with my child in Ohio, grandparents have rights in Ohio, how much is too little child support in Ohio, what to do when you lose custody of your child in Ohio, should I videotape my child’s wishes in Ohio, and numbers are not the only thing that changes Ohio child support.  Attorney Gigiano’s hard work has resulted in highly successful results for many of his clients, as reflected in the following links to his reviews: Daniel Gigiano reviews; Daniel Gigiano ratings; and Daniel Gigiano work.   Attorney Gigiano is a Medina County Child Custody Attorney in Wadsworth, who has litigated child custody issues in Wayne County, Medina County, Summit County, Holmes County, Lorain County and Cuyahoga County Courts.  Daniel Gigiano's ratings on a number of sites, as well as the media coverage of his work, reflect on his hard work and dedication to his clients.  If you have questions about this or other questions you  need answered by a Wooster Child Custody Attorney near Orrville, please call Attorney Daniel F. Gigiano at 330-336-3330.