The Role of a Lawyer in Modifying Custody Agreements

Children are the world to their parents, and when divorce becomes a reality, they are concerned about who will keep them. Custody arrangements are complex, and require the guidance of a child custody lawyer in Cincinnati OH who understands the law, cares about your family, and can represent your interests aggressively.

During the process, it is important to keep in mind that the goal of the court is to provide each parent with the time they need and want to spend with their children. The judge will look at the existing relationship between the child and each parent, the parent’s work schedule, their physical and mental health, any past history of domestic violence or abuse, and other factors that are important to the overall well-being of the child.

In the past, courts favored mothers in custody decisions, but that is now changing and has caught up with multiple states, including Ohio. The best interest of the child will be considered regardless of the gender, but the child’s wishes are also a consideration, as long as they can express them logically and maturely.

A child may be able to express his or her preferences in a custody case through an expert, such as a psychologist or guardian ad litem. These professionals will meet with the child outside of the courtroom to learn what is most important to him or her and will report this information to the judge. Children are almost always kept out of their parents’ custody battles because family law judges recognize the emotional toll a trial can have on them.

Ohio law allows for two types of custody: sole allocation of parental rights and responsibilities, which is commonly referred to as sole or single custody; and shared parenting, which is defined as both parents having legal and physical custody of the child and sharing decision making responsibilities. The court will decide which parent will be the residential parent, and will consider visitation and access arrangements.

There are several different factors that a judge will examine when deciding whether to award joint or shared custody. The primary factor is the “best interests of the child,” which includes the child’s preference (if they are capable of expressing it), the parent’s involvement in the child’s life, the child’s current living arrangements and daily routine, the parents’ abilities to co-parent, any previous abuse or neglect in either parent’s household, the child’s adjustment to school and community, and any other relevant considerations.

The attorneys at Davis and Associates serve clients in the Greater Cincinnati and Northern Kentucky area in family law matters, including child custody disputes. Their firm can negotiate, mediate, and litigate escalating family conflicts to reach a positive resolution. The attorneys also provide assistance with adoption, and offer estate planning services. Call or visit their website to learn more about their services. They have been in business since 1957. They are a member of the Cincinnati Academy of Collaborative Professionals and are licensed to practice in Kentucky.

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