Child Custody / Child Support Issues in Cleveland
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Our attorneys at the Family Law Offices of “insert attorney name” in Cleveland are dedicated to protecting the rights of children. We know that there is nothing more difficult for parents then settling custody-related issues. We will take the time to understand your specific family situation.
Cleveland Child Support and Child Custody Overview
- The term “child custody” describes the legal relationship (when pertaining to divorce) between a parent and child - making decisions and providing care.
- The court determines custody by looking at the best interests of the children.
- The court will order the "non-custodial" parent to pay a portion of his or her income as child support.
Child Custody Determination in Cleveland, Ohio
- Ifthe parents cannot agree on custody arrangement, the court will make them.
- The judge considers the children’s best interests when determining custody arrangements.
- The court will ask children who they want to live with if old enough.
- Factors taken into consideration include:
- Home environment – is it stable, loving?
- What does the child want (if old enough to discuss)?
- Emotional ties between child and parent
- Make sure the child keeps a close relationship with other parent
- Religion
- Health of both parents – physical and mental
- Is there a history of alcohol, drug or domestic abuse?
- Age and sex of child
Parenting Plan
- The court recommends that both parents agree on a Parenting Plan:
- Who will make decisions?
- Who will be responsible for matters that arise daily?
- Where will the child live?
- What school will the child attend?
- Which church will the child attend?
- Medical care – doctors, dentists
- How to resolve any disputes that arise
- Visitation schedule
- If a Parenting Plan cannot be agreed on, the court can send you to the conciliation department for help.
- The court can also order a home study to investigate your home environment.
- These services cost money.
Shared Parenting (Joint Custody)
- Ohio courts usually award Shared Parenting or Joint Legal Custody to both parents.
- Both parents share the decision making:
- One primary residence – does not include joint physical custody
- Education
- Medical care
- Religion
- Etc.
Other Custody
- If Shared Parenting is not awarded, one parent will be named the residential parent.
- One parent has the responsibility of making major decisions
- The other parent will be given Parenting Time.
Parenting Time (Visitation)
- The court requires both parents to attend a Parenting Class before it will enforce a Parenting Time order.
- This class costs about $50.
- If both parents cannot agree on parental rights, the court can order mediation.
- The frequency of Parenting Time is determined by:
- The age of the child
- The relationship between parent and child
- Meant to create a good bond between parent and child
Cleveland Child Support
- Child support is paid until the child reaches 18 or:
- Graduates from high school
- Becomes self-sufficient
- Gets married
- Joins the military
- Dies
- Child Support is determined by Support Guidelines created by the Ohio Supreme Court.
- Based on:
- The gross income of each parent
- Day care expenses
- Medical insurance
- Daily expenses
- To assure child support payments, the court:
- Issues a withholding order to the parent’s employer
- Will withhold support from the parent’s paycheck and send directly to the Bureau of Support
Child Support Modifications
- If circumstances change drastically, you can file for a modification of child support payments:
- Job loss
- Increase in salary
- Decrease in salary
- Needs of the child
- Health problems
Child Support Problems
- If the non-custodial parent does not make the child support payments, the court can find him or her in contempt of court.
- He or she will have to pay expenses of contempt hearing
- Can go to jail
- If non-payment continues, he or she can face up to 18 months in prison
Conclusion
Child Custody and Child Support matters are the most emotional and complex issues that come up in a divorce. If these issues have you and your spouse constantly fighting, we will help you arrive at an agreement that provides stability and structure for your children. Call us at the Family Law Offices of “insert attorney name” in Cleveland immediately. We are committed to doing what’s best for you and your children.
