This pamphlet provides an overview of primary custody. Topics covered include what primary custody is, court evaluations, and how primary custody is chosen.
Ohio USLegal Pamphlet on Primary Custody
State:
Multi-State
Control #:
US-PMPH-16
Format:
Word;
Rich Text
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FAQ
Despite the state's preference for joint custody, courts do award sole custody when it's best for the children, or when parents agree on it. If one parent has sole residential custody, the nonresidential parent commonly has the children every other weekend and once during the week for an overnight visit.
The Health of Each Parent, Mentally and Physically Stability is a key word when discussing health matters. Courts favor stable situations. If a parent has moved repeatedly from city to city, this is often seen as evidence of an unstable living situation for the child.
An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian.
Complete a "Complaint for Parentage, Allocation of Parental Rights and Responsibilities (Custody), Parenting Time (Companionship and Visitation)" form. This form is available at supremecourt.ohio.gov. By filling out this form, you can request a parenting plan and child support obligation from the court.
Until paternity is legally established, unmarried mothers maintain sole custody of their children. Once paternity is confirmed in the eyes of the law, unmarried parents have standing to seek an allocation of parental rights and responsibilities including custody and parenting time with the children.
Ohio child custody laws and courts recognize sole physical custody as one co-parent holding the day-to-day care responsibilities for the child. This co-parent is referred to as the custodial parent and the primary residence of the child.
In our state, unmarried mothers automatically have sole custody ? until paternity is established through a voluntary declaration or a court order.
Templates. Many Ohio courts prefer shared parenting ? in which parents have joint legal and residential custody ? unless it would not benefit the children.