A Cincinnati Custody Attorney Protecting Your Parent-Child Relationship

Last updated on March 31, 2025

Whether your child custody issue is part of your divorce, you are a single parent or you need to address complications after a child custody order is already in place, this is a critical time for your family’s future. A divorce or separation should not mean that your child has to sacrifice parenting time and loving care of both parents, if possible.

At Zachary D. Smith, LLC, every recommendation we make will be with your child’s best interests and your parent-child relationship in mind. Our attorney, Zachary D. Smith, is a board-certified family law specialist. We pursue custody and visitation arrangements that center the child.

When Child Custody Cases Get Complex

As part of your divorce or separation, you will need a court order spelling out how you as parents will divide parental rights and responsibilities between two households. You and the other parent may iron out any disagreements through negotiations, collaborative law methods, mediation or a trial.

On the other hand, your child custody case may involve special factors such as one of the following:

• Your child custody problem crosses state lines. We have experience applying the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to help our clients address co-parenting in different states, enforcement, modifications and more.
• Your child custody case is international in nature. As needed, we will apply the protections of The Hague Convention on the Civil Aspects of International Child Abduction to resolve your family’s situation.
• Your child has special needs. We can help you pursue a child custody arrangement that minimizes disruptions for your child, whether they live with autism, cerebral palsy, Down syndrome or any other condition that impacts how they live their lives. If you are a parent of an adult child with special needs, we can help establish guardianship or contest a guardianship following divorce.
• You are a grandparent, aunt, uncle or someone else with a close relationship to a child whose home environment is currently unstable. You may not know whether you should seek child custody or a guardianship. Our child custody lawyers can help you determine the best path and then help you pursue it without delay.
• You need help with paternity determination, stepparent adoption, assisted reproductive technology (ACT) contracts for surrogates, genetic donors and intended parents or other special child-related legal issues.

How Do Ohio Courts Allocate Parental Rights And Responsibilities?

When determining child custody arrangements, Ohio courts follow specific guidelines under Ohio Revised Code 3109.04. The court’s primary decision is always in the child’s best interest.

The courts may allocate parental rights and responsibilities for the care of children in one of two ways. First, the court may designate one parent as the residential parent and legal custodian. Alternatively, the court may implement a shared parenting arrangement where both parents share physical and legal custody matters.

When making these determinations, the following defining factors are considered:

• The wishes of each parent regarding the child’s care
• If appropriate, the child’s wishes and concerns
• The child’s interaction and relationship with parents, siblings and other persons who significantly affect the child’s best interest
• The child’s adjustment to home, school and community
• The mental and physical health of all individuals involved
• The parent who is more likely to honor court-approved parenting time
• If either parent has failed to make child support payments
• Whether either parent has been convicted of or pleaded guilty to specific offenses involving children
• Whether either parent has established or plans to establish a residence outside Ohio

For shared parenting arrangements, courts also assess the ability of parents to cooperate and make joint decisions regarding their children. The geographic proximity of parents to each other is another critical factor, as is each parent’s willingness to encourage the child’s relationship with the other parent.

If domestic violence or child abuse has occurred, the court will carefully evaluate these circumstances when allocating parental rights and responsibilities. Such history significantly influences the court’s determination.

Navigating parental rights can be hectic without proper legal knowledge. Our firm guides clients through this complex evaluation process, helping present relevant factors in the most favorable light while maintaining focus on the child’s best interests.

We understand that every family situation is unique, and courts apply these factors differently depending on individual circumstances. Our approach helps ensure that your parental rights receive proper consideration while working toward arrangements that benefit your children’s long-term well-being.

Schedule A Consultation

We are a dedicated family law firm, and our attorney has the skills and persistence that you need to resolve your child custody case for your family’s sake.

Call 513-275-5367 or send an email inquiry to schedule a consultation about your child custody concerns in Kentucky or Ohio.