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How do the courts choose the residential parent?

On Behalf of | Oct 10, 2024 | Divorce

Ohio has unique rules that apply in divorce scenarios. Couples generally have to address financial matters and issues related to their children or prepare to litigate those concerns in family court.

When couples share children, numerous parental rights and responsibilities require their consideration. One of the most important is who becomes the residential parent. The residential parent shares their address with the children. That influences everything from their taxes to what schools the children attend.

In dissolution cases, parents must agree on these terms before filing. In litigated divorces, judges often make these important decisions. How do the courts decide who becomes the residential parent?

Judges focus on what is best for the children

In any scenario involving disputes about custody matters, judges focus on what is best for the children. They look at the capabilities and circumstances of the parents. They consider the existing parental relationships. Even the child’s wishes can sometimes have a degree of impact on a judge’s final decision.

A parent’s ability to consistently meet the child’s needs and the status of their current relationship with the children are among the most important considerations a judge reviews when making determinations about residential parental rights. A child’s pre-existing connections to the community and how moving might affect where they attend school can impact what a judge decides regarding the residential placement of children during a divorce.

The non-residential parent has rights, including the right to spend time with the children. They may have up to half of the overall parenting time for their children in many cases.

Presenting custody-related matters in the right manner can increase the parent’s chances of obtaining favorable terms. Parents who understand what influences the judge’s decisions can develop their strategy accordingly.

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