When parents separate or divorce, understanding custody arrangements is important. In Ohio, custody isn’t just about where a child lives; it also determines who makes important decisions for the child. This article breaks down the differences between legal custody and physical custody, helping parents navigate their rights and responsibilities under Ohio law.
Custody refers to a parent’s legal and physical rights and responsibilities regarding their child. Ohio courts use custody arrangements to ensure the best interests of the child, which guide decisions about both living arrangements and parental decision-making authority. Custody affects day-to-day life, schooling, healthcare decisions, and long-term planning for children.
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Legal Custody:
Legal custody is the right and responsibility to make decisions about a child’s upbringing. This includes the choices of:
- Education and enrollment
- Healthcare and medical treatments
- Religious activities
- Extracuriculum programs
Two types of legal custody:
- Sole Legal Custody- One parent has the exclusive right to make major decisions.
- Shared Legal Custody- Both parents share decision- making responsibilities, often requiring more communication between the parents.
Physical Custody:
Physical custody refers to where the child lives and who is responsible for day-to-day care. It determines the child’s primary residence and the practical schedule for parenting time. Ohio also recognizes two types
- Sole Physical Custody- The child primarily lives with one parent, while the other parent may have visitation rights.
- Shared Physical Custody- The child spends significant time living with both parents, which can be structured in many ways to fit the family’s needs.
Physical custody arrangements impact routines, schooling, and day-to-day caregiving responsibilities
Legal vs. Physical Custody: Key Differences
Legal vs Physical
| Defintion | Authority to make a major decision | Where the child lives day-to-day |
| Examples | Choosing schools, doctors, and religion | Overnight schedules, daily care |
| Types | Sole or shared | Sole or shared |
| Impact | Affects long-term child welfare | Affects daily routines and logistics |
A parent can have shared legal custody but sole physical custody, or vice versa, depending on the court’s ruling and the child’s best interests.
Factors Ohio Courts Consider in Custody Decisions
Ohio courts prioritize the best interests of the child when choosing custody. Factors include:
- The relationship between the child and each parent
- Parent stability, health, and fitness
- Child’s age and development needs
- The child’s wishes, when the age is appropriate
- If there is any history of domestic violence or safety concerns
Courts also consider practical matters, such as each parent’s ability to provide a stable home environment.
Modifying Custody Orders
Custody arrangements are not necessarily permanent; parents can request modifications if circumstances change significantly, such as relocation of a parent, changes in the child’s needs, or a parent’s inability to care for the child. Courts require evidence demonstrating that any requested modifications serve the child’s best interests.
Axelrod& Hellier Can Help You
Don’t navigate custody matters alone! Contact an experienced family law attorney at Lake Ohio Law today to protect your parental rights and ensure the best outcome for your child. Schedule a free confidential consultation to take the first step towards your custody arrangements.