When a couple separates in Ohio, both parties may have questions about custody and visitation if a child is involved. However, under Chapter 3109 of the Ohio Revised Code, the court is able to issue a final decree regarding a schedule of parenting time for the involved parties. There is a number of factors that the courts consider when making decisions regarding parenting time.
The relationship between the child, the child's parents and the child's siblings will play a role in the ruling. For example, the courts might modify the arrangement to allow the child to spend time with his or her siblings. Furthermore, the court will also base their decision on the parent's ability to care for the child. This might include the parent's employment schedule and the child's school schedule, and additional modification may be made depending on the holidays and vacation times. Additional factors include the child's age and the mental health of the parties involved.
In addition, visitation might be granted to a grandparent, relative or any other party who petitions the court if a judge finds that such an arrangement would be in the child's best interests. The court is also required to determine if the party that is petitioning for visitation or companionship rights is interested in the welfare of the child.
Understanding how parenting time and visitation is granted may be helpful, but this information may not apply to every situation, and this post should not be considered legal advice by the reader. However, those who might be seeking an in-depth understanding of child custody issues might discuss their case with an attorney who is familiar with family law.
Source: Ohio Laws and Rules, "3109.051 Parenting time - companionship or visitation rights.", September 23, 2014