Makowski Law Offices
Pamela Walker Makowski, Attorney at Law
P.O. Box 6312
Columbus, OH 43206
216-780-0105
614-245-0223 (facsimile)
- thoughtful, caring legal advice during life's most stressful times.
Generally, in Ohio, Shared Parenting Plans are preferred. However, there are occasions when awarding custody to one parent or another is better. A parenting time schedule can be agreed upon by the parties, or, usually, the Court has a local rule as a fall back position. There are processes in place that make it possible to put into place whatever arrangements are in the best interests of you children.
A shared parenting plan is a document that spells out the details of raising your children, including financial responsibilities. For example, it can set forth your educational and even religious preferences. It is a document that you have both agreed to with respect to your children. Even when the parties cannot completely get along, a Shared Parenting Plan will help set the rules and give guidance with respect to the children. I usually recommend that the parties enter into a shared parenting plan even when they cannot get along. I have had shared parenting plans that include how to speak with each other! The problem with leaving it up to the Court is that the Court is somewhat limited in what it can do, and the Court does not really know you and your family as well.
Shared parenting is when both parties share in raising the child. It does not automatically mean a 50/50 share of time, although that is preferred if it is practical. With school age children, this can be difficult. But with preschool children, depending on the location of the parents and their work schedule, a 50/50 split of time can work out well. The main key to shared parenting is communication between the parties. This can sometimes be challenging, but with baby steps, such as email communication initially, this can be overcome. If we think from the child's perspective, remember that the child wants everyone to get along and wants to be comfortable with both of you. The child does not want to be in the middle. If the parties are able to see through that, and many are, then shared parenting an be very successful.
This often happens when one parent has been the primary caregiver throughout the relationship or marriage. When one parent is awarded custody, the other parent is still given parenting time, or visitation. However, the custodial parent becomes responsible for making all of the decisions. Even if awarded custody, it is usually advisable to notify the other parent of significant changes in advance of making them and to seek input. However, if the other parent has made poor choices for your children in the past, or has other issues that make decision making problematic, an award of custody usually puts all of the decision making authority in the hands of the legal custodian. This is a situation where it is strongly urged that you consult with an attorney. These kinds of issues are a major part of my practice, and no two cases are alike.
This does happen, and you need to make sure that the children are cared for. Usually, the local courts have a local rule that governs how long you have to wait. While this may be a situation for filing contempt, that really depends on the shared parenting plan or court order, and you should consult with a lawyer about that.
I get asked this question a lot. Generally, you rarely get a court order indicating that there will be no visitation. There is always an option of supervised visitation, and the supervision can be done by either a professional company or by a trustworthy adult that is willing to do it for you, depending on what the parties might agree to or what the Court may order.
There are several options here under Ohio law, and you should probably consult with an attorney to determine which one or ones are right for you. If the children are not returned to you and it is in violation of a court order (such as a shared parenting plan that spells out the time), you might have grounds for a contempt action. Or you might be able to file charges for interference with custody. However, that does not mean that this is the first step. You might want to try to see if the police will help you, or you may want to consult with the prosecutor's office. You could contact your Guardian ad Litem, if you have one, to help resolve this. Or, of course, you can contact an attorney.
You also have to keep in mind the reason that the children are not being returned. Is it due to a miscommunication or is it an intentional act to keep you away from the children? Whatever the situation, this is a difficult issue to deal with and I strongly urge you to contact an attorney to figure this out. But the important thing is to know that you do have options.
You should include anything that might be an issue for you. For example, you may want to include these things:
Legal advice can only come from an attorney who is familiar with the area of law and familiar with your particular situation. A number of attorneys, including me, do not charge for the initial consultation. The information contained here is not legal advice, and is provided just to make you aware that you do have options. Please consult with an experienced attorney before making these significant, potentiall life-changing decisions.
Local Parenting Rules
Here are some links to the local parenting rules in Courts in the Columbus area. These rules are just a fall back position, and not required to be followed in each case, but they provide a good starting point when trying to figure out parenting time:
Franklin County Domestic and Juvenile Rule
Delaware County Parenting Time Rule
Fairfield County Parenting Time Rule
Licking County Parenting Time Rule
Do you need to contact an attorney?
Everything here is just legal information and not legal advice. You should treat it as such. You should consult with a lawyer before applying this information to a specific situation. Of course, I hope that you will contact me, which you can do so by calling me at 216-780-0105 or emailing me by clicking here.
A word of warning (or, actually, many words of warning):
All of this information has been provided just to make you aware of the various options under Ohio law. This is legal information, not legal advice. An attorney-client relationship is not established just because you are reading this or even just because you contact me. Also, I am not responsible for content of material you may find by following the links not am I endorsing those sites since I do not control those other websites. I am providing these links just to give you access to more information. Do not send me confidential information until an attorney client relationship is established. When you contact me, we can set up a time to talk more in depth, at which point your information will be confidential.
(c) Copyright 2013. All rights reserved.
The information contained herein is intended to provide broad, general information about the law. Before applying this information to a specific legal problem, you are urged to seek advice from an attorney.