Ohio Child Custody Factors

In Ohio, the court will examine each custody case individually in search of an arrangement that is best for the children involved. To discover the best arrangement to award, the court will focus on 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 

(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)

In Ohio, as with all other states, the court will always be looking out for the best interests of the children. What you want or your spouse wants is not really relevant until the court says it is. Many parents go to custody hearings not realizing that they must portray themselves as the best custodial parent rather pleading to the court that they simply deserve the children. The court would much prefer the parents to decide who should have custody, but if they can’t, the court will do it for them. You can also read more about Ohio child custody in the Ohio state statutes located at: