CHILD CUSTODY

Often, the most contentious part of a divorce is the matter of who will gain primary custody of the children and how parenting time will be determined.

Sometimes these decisions can be made amicably, and other times the matter requires the litigation skills of an experienced custody attorney who can argue the matter before a family law court judge.

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How Is Child Custody Determined in Ohio?

During a divorce that involves children – whether biological, adopted, or from a previous marriage – the family law court judge will make the final decision on where the child will live, as well as the parenting plan and visitation for both parents.

While parents are encouraged to come to an amicable agreement about parenting time and custody, the court will still always rule with the child’s best interests in mind.

Shared parenting is typically favored by the courts, but that does not necessarily mean that parenting time will be a 50/50 split between parents: One parent will usually be named the primary or “custodial” parent, with the other retaining legal custody and remaining entitled to parenting time with their child.


In Ohio, you can also file for joint or shared physical custody, as long as you submit an eligible parenting plan to the court.

What Factors Are Considered When Determining Custody in Ohio?

There are a number of factors that the court considers when making decisions about custody, parenting time, and visitation, including:

  • The mental and physical health of both parents and children

  • Each parent’s home environment and financial resources

  • Each parent’s working situation and job location

  • The relationship the child has with both parents

  • The child’s wishes, if the child is old enough

  • Any history of sexual abuse, neglect, domestic abuse, or child abuse

  • Plans to move out of the area, or a previous move out of the area

  • The child’s adjustments to their community, school, and home

  • The child’s relationship with loved ones, friends, siblings, and parents

About JONATHAN DEVER, ESQ.

Jonathan Dever, Esq is one of Cincinnati’s most talented attorneys. With over 21 years of experience, Jonathan is known as a litigator, entrepreneur, and an accomplished legislator. Jonathan rose to prominence in the State of Ohio as a respected Representative from Southwest Ohio.

Dever brings a breadth of knowledge as a respected attorney handling a vast array of matters, from complex debt restructuring cases, real estate issues, Uniform Commercial Code, foreclosure and housing and business issues, to representing various interests in negotiation and advocacy before various bodies. Jonathan has never lost a jury trial.

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Jonathan is the guy that fights for you when it feels like everyone has given up and there seems to be no hope. My kids needed stability, healthcare, and a future. Jonathan made it happen.

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When I needed someone that would fight for me and my kids, I found Jonathan. He helped me to understand the legal processes, how to communicate, and more importantly how to make the lives of my kids better. He accomplished what so many others said was impossible. Thank you.

-Leah L.

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