Without a court order setting custody, either parent has a right to the child and may by that extent deny sharing the child with the other. The transfer of custody is supposed to be peaceful, but this almost never works. The parents normally end up filing in Court.
This is why this is not considered kidnapping - without court orders to state otherwise, he as a father has a right to the child just like you do, arguably. Ergo, the police are unlikely
to intervene here unless custody orders are in place.CUSTODY
This is done by filing a petition for custody. See here
for an example of such a pleading. An attorney is best, XXXXX XXXXX
The Court decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to the following factors:
(1) The wishes of the child’s parents regarding the child’s care; (2) the child’s wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, the wishes and concerns of the child, as expressed to the court; (3) The child’s interaction and interrelationship with the child’s parents, siblings, and any other person who may significantly affect the child’s best interest; (4) The child’s adjustment to the child’s home, school, and community; (5) The mental and physical health of all persons involved in the situation; (6) The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights; (7) Whether either parent has failed to make all child support payments; (8) Whether either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child; (9) Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent’s right to parenting time ; and(10) Whether either parent has established a residence, or is planning to establish a residence, outside this state. (Ohio Code - Sections: 3105.21, 3109.03, 1309.04, and 1309.051)
.The courts generally do not like to split the custody 50/50 since this is hard on the child unless both parents agree and as for this. One parent usually becomes the custodian and the other parent becomes the "visiting" parent which is generally one day a week, every other weekend, and alternating holidays. The nuanced points of the custody can either be decided by the parties or the Court, if the parties cannot come to an agreement.
Even if a parent does not get managing custody, they are almost guaranteed visitation unless they have a drug problem, alcohol dependency, or an unsafe home environment. Abuse and or neglect of the child or previous children are an almost automatic bar for even visitation, although supervised visitation may be granted by the Court.
Of course, that is the standard order of possession
. That order can be modified if both parties agree or if the Court finds that it is an extraordinary situation.
The visiting parent pays child support to the custodian, unless the custodian declines it. All states have a preset salary percentage calculation for child support (see here
), but this can be altered if both parties agree to a lesser or higher amount or do not put child support in the orders all-together; the Court will only impose default child support if the parties cannot agree.TEMPORARY ORDERS
While the petition is pending, which can take several months or more, one may file for TEMPORARY ORDERS setting custody/visitation, to get the child now. This will be revisited at final hearing.
Let me know if you need help finding counsel and/or leads for pro bono and low cost attorneys in the state.
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