Disputes regarding the care and residence of children can often be the most contentious aspect of a divorce, a post-decree regarding children, or cases involving never married parents. Importantly, there are a number of factors that can impact the allocation of parental rights and responsibilities in Ohio, and potentially jeopardize your rights. Since emotions can run high when it comes to child-related matters, it’s essential to know what actions could harm your case and how to avoid an unintended outcome.
Some common factors that can affect your case can include the following:
1. Badmouthing the Child’s Other Parent
Making disparaging remarks in front of the child (or within the child’s ability to overhear) about their other parent is not only harmful to your child, but it can also hurt your case. Whether the bad mouthing is intentional or not, it can result in an allegations of parental alienation. A court may limit the parenting time of a parent who speaks poorly of the other or grant sole residential parenting to the parent who demonstrates the desire to parent in a healthy and effective manner.
2. Using Poor Judgment When it Comes to Social Media
Even if you think you have set your account to private, anything you post on social media can be discovered and used against you by the other side in a dispute concerning the allocation of parental rights and responsibilities. Before using any social media, consider every negative connotation that could be attached. For instance, posting photos of yourself partying or intoxicated can raise questions regarding your fitness as a parent. In addition, venting your frustrations about the other parent, disclosing information about your child, or making abusive comments can have an adverse impact on your court case.
3. Refusing to Cooperate with the Child’s Other Parent
Regardless of your feelings toward your former partner, they are still your child’s other parent. Refusing to communicate with that person you chose to have a child with, or an inability to take the other parent’s perspective into account when making decisions about the child, or generally an inability to cooperate with one another will be considered when the judge renders a decision as to the likelihood of the parents to be able to co-parent effectively under a shared parenting plan. If you have difficulty communicating with the other parent, try to keep your conversations business-like and limit your interactions with them, except to discuss matters concerning the child. You can also use a co-parenting app or shared calendar to help you communicate more effectively and avoid conflict.
4. Exposing the Child to Unsafe Environments
One of the most critical factors a judge considers when determining how parenting will take place following the break up between parents is being able to provide the child with a safe environment. Courts put the safety and well-being of a child first and foremost. If the judge finds that the home has hazards, unsecured weapons, violence, drug usage, or the child’s welfare is at risk due to a parent’s substance abuse, physical abuse, or neglect, it can significantly impact the outcome of your case.
5. Any History of Domestic Violence or Abuse
Ohio law requires the court to consider domestic violence when evaluating child custody factors. However, not only will a judge evaluate whether the children were subjected to abuse or neglect when determining the allocation of parental rights and responsibilities, but it will also assess instances of violence in the home between the parents. If a parent has a history of domestic violence or child abuse, the court may limit or revoke parenting time — or in some cases, it may order supervised parenting time.
6. Disobeying a Court Order
Disobeying court orders is a factor courts do not take lightly. If you fail to follow a court order regarding parenting time, or other matters concerning the child, such as child support, the other parent can file a petition to enforce the orders. If the court determines there was a violation, it may change the original order in favor of the compliant parent, impose sanctions against the non-compliant parent, or even threaten jail time for the non-compliant parent by holding that parent in contempt of court. In addition to noncompliance penalties, failure to follow court orders is also one of the best interest factors that a court analyzes when determining parental rights and responsibilities along with parenting time.
7. Failing to Put the Best Interests of the Child First
The most important factor that courts will consider in allocating parenting rights and responsibilities is the child’s best interests. Among the factors listed in the statute is the child’s adjustment to their home, school, and community; each parent’s mental and physical health; how the child gets along with all members of each parent’s household; each parent’s work schedule, the child’s activity schedule; and each parent’s ability to provide the child with a healthy and stable environment — and various other facts in the case. No one factor weighs more heavily than the others. When you’re involved in a conflict concerning parental rights and responsibilities, it’s crucial to focus on what is best for your child, rather than trying to get back at your former partner or focusing on things that happened in the past. Events that happened outside of the child’s presence and did not affect the child, such as infidelity or other ways parents may have hurt each other, usually have no place in determining how former partners will parent their child and how decisions regarding that child will be made. Events that directly harmed the child, or occurred within the child’s presence, or events which limit the parent’s ability to properly care for the child (substance abuse, violent behavior) do have such a place.
8. The Child’s Wishes
If the court has appointed a Guardian ad Litem or if a child is interviewed by the judge or magistrate outside the hearing of the parents or their counsel, and if the child has the reasoning ability to express wishes and concerns, it will consider them. While there is no specific age listed in the statute, the wishes of an older child are likely to hold more weight.
Contact Experienced Ohio Divorce and Family Law Attorneys
If you are facing a matter concerning the care of a child for divorced or separated people, contact Melissa Graham-Hurd and Associates to learn how we can help. From our office in Green, we work with clients in Summit and Stark Counties, Ohio. We provide trusted representation to clients for matters involving parental rights and help to ensure the child’s best interests are met. Schedule a consultation today to learn more.
