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Experienced custody attorneys safeguarding your utmost concern: your parental rights.
Attorneys with substantial trial experience in the following Ohio courts:
- Butler County Juvenile Court
- Butler County Domestic Relations Court
- Hamilton County Juvenile Court
- Hamilton County Domestic Relations Court
- Clermont County Juvenile Court
- Clermont County Domestic Relations Court
- Warren County Domestic Relations Court
- Warren County Juvenile Court
- Preble County Domestic Relations Court
What Makes The Peck Law Office Child Custody Lawyers the Best Choice for Mothers and Fathers?
- We understand the importance of your custody case.
With five young children of his own, family law attorney Ched H. Peck understands that the well-being of your children is your top priority. With over 18 years representing parents involved in custody litigation, our custody clients benefit from being represented by a knowledgeable and experienced Butler County custody lawyer.
- Well-versed in all regional courts handling matters of child custody.
Each court has a different set of procedures for handling child custody cases. It is important that your custody attorney has experience representing custody clients in the specific court where your custody case is pending.
Although the procedures differ among the different Ohio courts, laws and case precedent regarding custody determinations remains fairly constant throughout the different Ohio courts. Ohio child custody law and case precedent consistently change and evolve over time. For this reason, it is important to choose a custody attorney that not only has ample past experience representing mothers and fathers in custody cases, but has frequent current experience and knowledge of the current state of custody laws. Custody attorney Ched H Peck provides that knowledge and ongoing experience to his custody clients.
- Our Custody Lawyers Are Available for Emergency Custody Situations.
Our clients have access to emergency contact information so that, in the event of an emergency regarding the care of your child, you will have access to your attorney during evening and weekend hours when our office is closed.
- We Are Affordable Custody Attorneys
For these reasons and more, we offer custody attorneys that can handle your custody case.
Please call us today and schedule a free consultation.
Call us.
Meet us.
Then decide if The Peck Law Office is the best custody attorney to handle your case!
Frequently asked child custody questions.
Residential Custody vs. Shared Parenting, what is the difference?
Although there are many terms used to reference custodial arrangements or types of custody, types of custody falls into two general categories; shared parenting and sole residential custody. Some of these terms include: "Joint custody," "shared custody," "sole custody," "legal custody," or "residential custody." Despite the varying terms used, there are two types of custodial arrangements; sole custody and shared parenting.
What is shared parenting?
Shared Parenting is a custodial arrangement in which both parents or custodians have residential or legal custody of the minor child(ren). Since both parents have custody of the child in a shared parenting arrangement, there is a heightened degree of co-parenting that is required. All important de cisions must be discussed and agreed to between the parents. One parent cannot unilaterall y make important decisions regarding the child. Important decisions can encompass big parenting decisions such as medical decisions and educational decisions, but can also include more minor decisions such as getting a child's ears pierced, or the child's religious upbringing.
Generally, in a shared parenting plan, the only difference that the shared parenting plan delineates between the two parents is identifying one parent as "the residential parent for school purposes only." This literally identifies that parent who's address will be used for the purpose of school registration. (ie. which school district the child will attend)
If I do not have shared parenting, and I do not have sole residential custody, am I losing rights to my child?
Not necessarily. Regardless of whether you have sole custody of your child, or whether you have shared parenting of your child, there are certain parental rights that you enjoy just by being the child's parent. These rights may include the right to support your child (child support), the right to have reasonable parenting time with the child, and the right to know where the child is physically residing with the residential parent. Although a parenting time (also called visitation) schedule must be ordered by a court in order to be enforceable, most circumstances warrant even a non residential or non custodial parent being awarded parenting time. When a court orders or adopts a parenting schedule, that parenting schedule becomes the parenting schedule for the child. (Please note that there are exceptions and clarifications to this and to all issues regarding custody and parenting time. For more information, please call and speak with our custody attorneys today.
In what custody related issues does The Peck Law Office have experience?
Complaint | Motion for legal custody
Complaint | Motion for parenting time
Complaint | Motion for grandparent companionship rights
Complaint | Motion to establish paternity/parentage
Complaint | Motion to establish child support
Modification of custody
Modification of visitation
Modification of shared parenting plan
Modification of child support
Termination of Shared Parenting
Termination | Restriction of parenting time
Emergency or Ex Parte Orders
Shelter Care Hearings
Complaint Alleging Abuse, Neglect, or Dependency
Contempt of Parenting Time
Contempt Motions For All Parenting and Child Support Issues
How do Ohio courts determine custody?
There are generally two situations in which a court determines custody between the mother and father of a child or children.
1. No prior court orders exist for the custody of the child.
If there are no prior orders; the court must consider the following Best Interest Factors in deciding what is in the child’s “best interest."
Ohio Best Interest Factors For Determining Custody:
- the wishes of each parent;
- the wishes and concerns of the child;
- the child’s interaction with the parents, siblings, and other people who impact the child (neighbors, friends, teachers);
- the child’s adjustment to the home, school and community;
- the mental and physical health of all persons involved;
- the parent most likely to honor and facilitate visitation;
- whether a parent has failed to make ongoing child support payments;
- whether the custodial parent has willfully denied visitation to the other parent;
- whether either parent is planning to establish a residence out of state; and
- whether either parent has abused children or been a perpetrator of domestic violence.
(2) If there is a prior court order awarding legal custody to only one parent or party, and one or both parents now seek to modify the custodian, the court generally applies the following two part analysis:
First: Change of Circumstance. In this situation, the moving party must first show that a change of circumstance has occurred since the last court order. The change of circumstance must be in regards to the custodial parent or to the child. If the court finds that a change in circumstance has occurred, the court will proceed to the best interest test.
If Change has occurred, the Court conducts a Best Interest Analysis, considering the best interest custody factors.
