Top Law - Family & Divorce Attorneys

If you heard someone refer to legal or physical custody, you might not know the difference between the two. Legal custody is something both parents typically share. This type of conservatorship is the ability to make important decisions on behalf of your child, such as where the child goes to school, what religion to teach him or her, and where he or she receives medical care. Physical custody refers to where the child lives. Some parents share physical custody by splitting time with the child, while in other cases, only one parent has primary physical custody.

For a court to award alimony, it must find that there is a supporting spouse and a dependent spouse. The court must also find that the dependent spouse’s finances are not enough to meet his/her reasonable monthly needs and living expenses. The court must also find that that the supporting spouse has the ability to pay after meeting his/her own reasonable monthly needs. If, however, the court finds that the supporting spouse does not have the ability to pay, alimony is not awarded. Alternatively, it is not required to have a finding of dependency if an order for payment of alimony is entered by consent of both spouses.

Generally, spouses are free to divide their property as they see fit in what is called a "marital settlement agreement," which is a contract between the husband and the wife that divides property and debts and resolves other issues of the divorce. Although many divorces begin with a high level of acrimony, a substantial majority are settled without the need for a judge to decide property or other issues. However, if the division of property cannot be settled, then the court must make the determination. Laws vary from state to state. As a starting point, many states allow both parties to keep their "nonmarital" or "separate" property.

Traditionally, the common law denied grandparents visitation with a child over a parent's objections. But since 1965, all 50 states and the District of Columbia have enacted legislation enabling grandparents to petition the courts for visitation rights with grandchildren. The laws do not make granting of visitation rights automatic—they merely give grandparents the right to ask for a visitation order. Many states permit only grandparents to petition for visitation, but some have extended the right to other relatives, such as great-grandparents, aunts, uncles and siblings, stepparents, and even non-relatives with whom the child has a close relationship. In these and other areas, state law governs. Most commonly, a grandparent (or other permitted third party) may petition for visitation after the death of a parent or upon divorce of the parents. Some statutes allow petitions when a parent is incarcerated, when a child is born out of wedlock, and when the child has previously lived with the grandparent.

"Joint custody has two parts: joint legal custody and joint physical custody. A joint custody order can have one or both parts. Joint legal custody refers to both parents sharing the major decisions affecting the child, which can include school, health care and religious training. Other considerations under these types of custody agreements can include: extracurricular activities, summer camp, age for dating or getting a job, and methods of discipline. Joint physical custody refers to the time spent with each parent. The amount of time is flexible, and can range from a moderate period of time for one parent, such as every other weekend, to a child dividing the time equally between the two parents’ homes. In situations where the time spent with both parents will be divided equally, it helps if the parents live close to one another.

If a noncustodial parent falls behind on child support payments, you do have options for enforcing it, but they must be carried out through the court. The court can use various methods to collect any back child support payments. These methods can include income withholding, wage garnishment, interception of tax refunds, liens or attachments to property. Additionally, a court can take punitive actions if these methods are unsuccessful which include license suspension, passport denial, and even possible jail time.

Property division can be quite complex, and is completed by determining which property is community property and which is separate. The property which each party brought to the marriage will be treated separately than that property which was acquired in the marriage. Ohio is an equitable division state, which means that property shall be divided in a manner that is fair, not necessarily equal. Thus, division of property should ensure that each party receives an amount of the total assets that is enough to create a fair and equitable financial balance.

Every divorce case takes a different length of time, depending on the unique circumstances. This will likely depend on how many issues are contested and how quickly you and your spouse can come to agreements. The most common factors that affect the length of the process include the ability for you to cooperate with your spouse, honesty about existing assets, openness to negotiations, and willingness to make sacrifices. Stubbornness, evasion, and animosity can hurt the process and cost more time and more money.

In the same thread as child custody, child support is typically determined to protect the best interests of the child. Judges will weigh a number of factors, namely the ability of one parent to support the child and the financial status of the other. Additional factors that will be considered include any special education needs of the child, the physical or mental health of the child or either parent, and the credentials or ability of the recipient to obtain work.

"There are many different factors which are taken into consideration when the court makes a decision about the custody of your children such as living situation, proximity to other family and schools, and income of each parent. First and foremost, a judge will determine a custody arrangement that best fits the child's best interests. This means that unless there are extreme circumstances that warrant a need for the child to be separated from one parent, a judge will typically favor joint custody arrangements. These circumstances can include any history of abuse, drug or alcohol use, and mental or physical health issues. The bottom line is that your children's interests are always protected."

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