Child Custody

Child Custody Attorney Serving Clermont County, OH

Serving Cincinnati, Batavia and Surrounding Areas.

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Are you fighting for custody of your child in Batavia, Clermont County, OH, Cincinnati or surrounding areas? Do you have concerns about the well-being of your child?

No matter what your child custody concerns are, George Montgomery at Montgomery Law Office, LLC can help. With 31 years of experience and more than 1000 custody cases, we understand your concerns. We know your first concern is for your child and your desire to keep your child safe – which is why we work diligently ensuring you have the best representation. It is through this diligent representation that your child’s best interest is safeguarded.

When it comes to child custody, we know you probably have a lot of questions regarding Ohio and other states laws.
We have outlined a few commonly asked questions about child custody below:

Q: Is it true that the Courts are more apt to provide custody to mothers?

A: No. In the past, it was more common for mothers to receive custody of the children but as times have progressed, so has this way of thinking. I have obtained custody for countless fathers over the years. Should both parents be equally suitable, the Courts consider shared parenting or joint custody. Shared parenting plans will take into consideration the work schedules of both parents, as well as day-to-day obligations. Parenting schedules can be modified to accommodate both the parents, as well as the child.

A man that needs child custody law services in Clermont County, OH

Q: Does custody only get awarded to one parent?

A: No. Should both parents be equally suitable, the Courts consider shared parenting or joint custody. In Ohio, the terms custody and joint custody are seldom used. Residential and Legal Custodian and Shared Parenting are the preferred terms. Shared parenting plans will take into consideration the work schedules of both parents, as well as day-to-day obligations. Parenting schedules can be modified to accommodate both the parents, as well as the child. Shared Parenting Plans are typically proposed by the parents and ultimately approved by the Court upon a finding that such plan is in the best interest of the child.

Q: If I am denied custody of my child, who decides my visitation?

A: Visitation schedules or Parenting Time, as referred to by the Courts, is commonly set forth in the Court’s guidelines. Each Domestic Relations Court and Juvenile Court in the State of Ohio has the authority to set forth that parenting schedule. These are published as “parenting guidelines.” However, each Court has the authority to set forth a parenting schedule which clearly addresses the schedules of the parents. It is not uncommon, for example, for a parent to work a schedule which is not a Monday through Friday work schedule, or a parent who works second or third shifts. In these cases, Courts can modify parenting schedules to accommodate such work schedules. Courts recognize the importance of regular contact between the child and both parents. Should the parents be incapable of drafting a schedule the Court will do so.

Q: What is a mediation, and would this apply if I am not given ample visitation with my child?

A: A mediation is a meeting with a neutral party that can help settle all disputes. The mediator does not have any power to impose any resolution but can assist in getting both parties to come to an agreement on their own. In the State of Ohio, anything said with an eye towards settling a case is privileged. Therefore, mediation can be a useful tool in dispute resolution. A mediation session is attended by only the parents and the mediator. No attorneys are present. Should a resolution be reached and agreed upon by both parties, a memorandum of agreement is prepared and ultimately submitted to the Court. Should no resolution be forthcoming, the Court is simply informed that there is no resolution.

Q. Does my child have a say in the custody case?

A. This is not an easy question. The Court is willing to consider the wishes of the child, however, there is not a set age requirement. The Court is directed by case law to consider each child on a case-by-case basis. There are ten year old children that the Court will consider and there are ten year old children the Court will not consider. The Court will confer with the child and determine whether or not the child possesses the level of maturity necessary. If the child is mature enough the Court will certainly consider the wishes of the child.

Will my child have to testify?

A.A. In over a thousand cases involving a custody question, it is rare that a child will be forced to testify. Parents typically recognize the potential for psychological harm when forcing a child to testify. In most cases where the input of the child is desirable, the child may be permitted to talk with the Judge or Magistrate one-on-one. These discussions (referred to as in-camera interviews) take place in chambers. The parties and the Attorneys are asked to leave the courtroom and the Judge or Magistrate then speaks with the child. The Judge or Magistrate then speaks with the Attorneys and/or Parents. The Judge or Magistrate will not divulge the wishes of the child. These in-camera interviews are permissible only if both parents agree. These interviews are limited to non-evidentiary issues.

No matter what your questions or concerns are, George Montgomery with Montgomery Law Office, LLC can help. The consultation is free, call today in Clermont County, OH & surrounding areas!