Ohio Family Law - Child Custody

Child Custody Law

Child custody is perhaps the most controversial and litigious issue in Domestic Relation cases. Ohio law favors shared parenting arrangements. The courts want the parties to implement a plan that is fair to both parents. Whether this plan involves visitation set forth by local rule or as agreed upon by the parties, we, at Sheppard Law Offices, want to be your advocate and advisor to help you through this challenging endeavor.

Most child custody cases involve a Shared Parenting Plan. A Shared Parenting Plan refers to an agreement between parents, which defines the provisions for custody and visitation. It determines whether one or both parents have the ability to make decisions regarding the health, education and welfare of the child. The parenting plan also defines when the child is to be with the non-custodial parent.

In other words, your plan will set forth the details concerning your child’s residency, his or her education and medical care, and how decisions will be made regarding your child, and how disputes will be resolved if they occur.

The Child Custody Attorneys at Sheppard Law Offices have the experience and skill to aggressively argue on your behalf in court, to enforce your rights and wishes, and we will also help you enforce or modify custody arrangements through “Order Modifications”, and if needed in “Contempt” or “Violation of Court Orders” proceedings. In all cases, our family law firm is committed to obtaining the best possible outcome for you and your children.

Sometimes, you may need to return to court to change a custody order if there has been a substantial change of circumstance that has a significant, adverse effect on your child (such as visitation problems, erratic behavior, relocation and impact on child-parent relationship, change in employment, residence, or marital status). This is better known as “Order Modification”. There are also instances, where you may have to return to court due to a one parent’s outright disregard for the court’s order. In this case, the above parent may be found in contempt of court for violating a court order.

We strongly recommended that our clients periodically evaluate their parenting plans. The courts recognize that many factors, such as the children’s age, relationship with parents, the parents’ relationship, and the wishes of the children can be altered over a period of time. Although reluctant to change the parenting custody plan, the courts will do so if it appears clearly necessary and in the best interest of the child.

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Paternity

Paternity is the legal acknowledgment of the parental relationship between a man and a child.

Paternity Rights

Once a father has established paternity, and if he wishes to be part of the child's upbringing, the most effective way he can establish his parental rights with his child is to file a “Parenting Plan”. The Parenting Plan outlines how the biological parents will share parental responsibilities, including, but not limited to, child support, parenting time, medical insurance, etc. If the father does not file a Parenting Plan, it may be difficult for him to establish many of his parental rights, which could limit his ability to see and care for his child.

Where paternity of a child is in question, a party may request the court to determine paternity of one or several possible fathers (called putative fathers) based initially upon sworn statements and then upon testimony or other evidence. A successful application to the court results in an order assigning paternity to a specific man, possibly including support responsibility and/or visitation rights.

Child Support

What is child support?

Child support is a payment by one parent (often the "non-custodial parent") to the other parent, for the support of their common child. It is in the best interest of a child for both parents to be obligated to pay for the support of their child. An order for child support transfers the income/wealth from one parent to the other so that the combined incomes/wealth of both parents is available to use for the support of the child.

Who can be ordered to pay child support?

A court can order either parent of a child to pay support to other parent. The court order for support is usually payable on a monthly basis. Many states now require that child support be paid by wage assignment (that is, automatic deductions from one’s paycheck) whenever available, thus reducing the need for subsequent enforcement actions.

When can a child support order be changed or modified?

An order for child support can be changed or modified any time there is a "material change in circumstances" from the time that the existing child support was issued. A material change in circumstances can take many forms. The change can be the result of changes in the parent's financial situation, such as an appreciable difference in the amount of income earned, loss of a job, a large inheritance, or a change in the amount of time spent with the child. The material change in circumstance can be the result of a new situation for the child, such as large medical expenses, need for special education, or other unexpected requirements. A child support payment could be modified by stipulation between the parents (as long as guideline support factors have been accounted for) or by court hearing.

What efforts can be taken to collect child support from the parent who does not pay?

When a parent fails to provide support for a child, the parents need to work together to make arrangements for mutual sharing of the expense of raising the child. For all parties concerned, the best solution is often found when parents work together.

In a situation where one parent does not cooperate in sharing the responsibility for child support, the controversy should be submitted to a court. The first step is to obtain an order for the payment of child support. Further action in the court for the purpose of collecting child support can be taken if the obligor parent fails to comply with the court order for payment of child support. Like other enforcement of judgment actions, the available remedies range from simple to complex proceedings.

Wage assignments: The most common "tool" used to collect child support payments that are not voluntarily made is through a wage assignment order. A wage assignment order is an order of the court directing the employer to deduct the child support payment from the earnings of an employee-obligor parent, and then make this payment directly to the obligee parent. Violation of a wage assignment order could result in the employer becoming responsible for such payment to the obligee parent. Assignment orders can be obtained through a relatively simple court procedure. Once obtained, the wage assignment order must be served upon the employer of the obligor parent before it becomes effective.

Enforcement action: When the obligor parent continually fails to make support payments, the total amount of the "arrearage" (i.e. payments due and owing but not yet paid) can be set as a judgment for further enforcement proceedings. Interest on the arrearage is often included as part of the judgment. The expense of an enforcement action to collect a judgment is justified as the amount due increases. When the obligor parent has income or property, there is financial incentive to pursue enforcement efforts. Hiring a family law attorney is well worth the effort and expense.

Attachment or levy: Child support can also be collected through other procedures. For example, if the obligor has money in a bank account, or has a valuable automobile, or has investment (i.e. mutual funds), or has an interest in property in the possession of a third-party, an attachment or levy can be executed. When executing a levy or attachment, care must be taken because certain assets are exempt. In a levy or attachment proceeding, the court can have the property of the obligor parent "seized" or taken away and given to the obligee parent. Although an obligor parent may challenge the levy or attachment in court (called "claiming an exemption"), it can be very effective in obtaining payment of a child support judgment. Strict adherence to the established rules for levy and attachment are required to protect an obligee parent from an allegation theft of property.

Whether you are a father attempting to establish your paternal rights, or a mother pursuing support for your child, or two parents needing assistance with establishing a Parenting Plan, the family law lawyers at Sheppard Law Offices are determined and dedicated to serving you and your child, while diligently seeking your best interests.

With offices located in Westerville and Newark, Ohio, Sheppard Law Offices represents clients primarily in central Ohio courts (Franklin, Delaware, and Licking counties).

Contact our Columbus (Westerville) or Newark, Ohio law office today to learn more about how we can help you. We offer FREE one-half (1/2) initial consultations.

CALL 1-877-505-9455 TODAY!

Contact Sheppard Law Offices and Attorney Kenneth L. Sheppard, Jr. to discuss your particular situation. Call today to schedule your free consultation at 1-877-505-9455.

 

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