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How physical custody is decided

On Behalf of | Sep 11, 2020 | Family Law

When Ohio parents cannot agree on the custody arrangement, the case will go in front of a judge for a hearing. The judge will need to decide which parent will be awarded primary physical custody. Here is what the court will consider in making this decision.

The child’s daily life

The court will make an exhaustive inquiry into nearly every aspect of the child’s life. The judge will consider practically everything a child does and which parent primarily helps with it. This would include things such as transportation to school, help with homework and discipline. Parents should come to court prepared to show exactly what they do with the child on a daily basis. It is best if parents have some proof for their claims.

How the court decides the issue

The judge would likely consider the entire circumstances of the child’s daily life. In most cases, no one factor would be more important than the other. The ultimate finding would be whether awarding primary physical custody to one parent would be in the child’s best interest. The court does not want to take away from the child the parent who is most responsible for their daily activities. A parent who is not awarded primary physical custody will typically still be able to spend time with the child.

If you believe that you should have primary physical child custody and the other spouse does not agree, you may want to hire an attorney who practices in the area of family law. The attorney may argue your case in court if you and the other spouse are not able to reach an agreement beforehand. The attorney may also try to persuade the judge that you are the parent who helps the child the most on a daily basis.