Juvenile Custody
Southern Ohio’s Premier Divorce Attorneys
Dayton Mason
Juvenile Custody
When the parents of a child are or were married, the domestic relations court handles child custody
matters. But when the parents are not and were never married, the juvenile court has jurisdiction over
child custody. In addition, the juvenile court handles cases involving paternity, grandparent visitation,
abused and neglected children, and motions for a custody to a non-parent. Because the juvenile court is
a “catch-all” for child custody cases that do not fall under the jurisdiction of the domestic relations
court, juvenile custody cases can be much more diverse.
The most common type of case involves child custody disputes between the parents of a child. In Ohio,
the law presumes that an unmarried mother has sole custody of the child until a court issues orders
granting the father custody, shared parenting, or visitation. This is different than domestic relations
custody cases which does not give either parent superior legal rights prior to the inception of a case.
However, when a custody case begins and there have been no prior orders regarding the child, the
juvenile court is to treat it as an initial custody determination and does not favor either party.
Another unique aspect of a juvenile custody case is the determination of paternity. Where the domestic
relations court presumes the husband is the biological father of a child born during the marriage, the
juvenile court must establish paternity before proceeding. This can be done as a presumption if the
father signed an acknowledgement of paternity at the time of birth, it can be acknowledged by both
parties, or the court will order the parties to submit to genetic testing.
Once jurisdiction and paternity have been established, a custody matter proceeds very similarly to a
child custody matter heard by the domestic relations court. The juvenile court will determine which
parent should have custody or whether shared parenting is appropriate, what parenting schedule is
appropriate, as well as matters of child support and health care coverage.
FAQs
- How is child custody determined in Ohio? Ohio courts determine custody based on the best interests of the child. Factors may include each parent’s involvement, the child’s relationship with each parent, stability, and the parents’ ability to cooperate. We help clients throughout southwestern Ohio navigate custody proceedings with a focus on protecting parental rights.
2. Can fathers get equal custody in Ohio? Yes. Ohio law does not favor one parent over the other based on gender. Courts focus on the best interests of the child. We represent both mothers and fathers seeking fair custody and shared parenting arrangements.
Do you have any juvenile law questions?
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