DAYTON CHILD CUSTODY
Child Custody Lawyers in Dayton, Ohio
When a couple decides to separate ways, many decisions would have to be made. They would have to decide on property partition, alimony and child custody, among others. If the former couple can agree on their common issues affecting the separation, legal decisions can be arrived at expeditiously and without animosity. If both parties however, cannot decide on a common ground, legal advice would be necessary to help them thresh out all adversarial positions against each other. Legal intervention would be most useful in coming up with an agreement to settle all intervening issues affecting both parties.
Child Custody Litigation
One of the most crucial factors in any divorce or separation, would be the child custody case that would ensue after the couple’s part ways. Taking a position on “what is for the best interest of the child” would need a sympathetic and astute lawyer, most especially if it involves a minor child. Any parent would want to have the best care for his children. Custody battles can drive both parties to hardened positions and can be emotionally devastating if not handled astutely by all concerned. The lawyers handling the case should have vast experience in child custody cases to ensure that he is in a position to give top level advice and legal service to his clients.
Types of Child Custody Cases
The legal practice for child custody litigation in Dayton, Ohio, can be divided into four (4) groups, to wit:
Cases of married couples who have undergone divorce or legal separation proceedings – this would refer to legal advises given to parents regarding custody and visitation rights. This would also give legal guidance on how a dissolved marriage can have the least devastating effects on the children. This could involve issues between spouses on – false accusations, psychological fitness, truth verification, and the documentation needed to help the client win his or her case in court The legal advice can help parents do the right thing and decide on what is good for the child, instead of their own self-serving interest. The lawyers can help resolve domestic conflicts that could redound to acrimoninious legal battles if left unabated.
Cases of unmarried couples – involves cases regarding custody of a child whose parents are unmarried. As a matter of law, the mother is the legal custodian of the child and the sole residential parent unless the father files in a court of competent jurisdiction, for share parenting privileges. The lawyer can assist the father in getting his paternity rights through: acknowledgement of paternity by affidavit, DNA testing, and through court proceedings by ordering paternity testing. There are many issues that would need legal assistance on this matter and these would include: visitation rights, child support, and parental responsibilities among others.
Cases where there is child abuse or neglect – the recently signed bill on “Jacob Law” requires that both parents be notified if their child is a victim of child abuse, sexual assault, and neglect. Under the law, the parents are required to notify each other of any form of abuse in conformity with their custody arrangements. The laws specifically state the provision for notification even in cases when there is a protective order held by one parent against the other. Legal assistance may be needed to assure that the child is protected under the law, as mandated in this bill.
Cases of custody rights and visitation of grandparents – grandparents may be awarded visitation rights of their grandchildren on the following circumstances: when their parents’ divorce, when one parent dies, and when the child is born to an unmarried mother. This may be awarded by the court to grandparents if they can show that they only have the best interest at heart for their grandchildren. To be granted visitation rights by the court, the factors to be considered are as follows:
(a) if allowed by the parents
(b) prior interaction of the child with his grandparents and relatives
(c) distance between the grandparent’s residence with that of the child
(d) child’s age and wishes regarding grandparent visits
(e) child and parent’s time; time spent by child with other siblings
(f) health of child and the physical and mental health of grandparents
(g) if grandparents had been convicted for prior child abuse charges
If the grandparents can prove that they can be positive factors towards the emotional development of the child, then there is a strong chance that they will be granted visitation rights by the courts. Lawyers can assist grandparents in filing a motion in the Domestic Relations court during or after the divorce proceedings. Legal consultation with divorce lawyers can help them gain a favorable decision by the court and assure everyone concerned that their visits will be for the best interest of their grandchildren.