When facing a child custody case, many parents have questions and concerns over what evidence will be considered by the court in making the ultimate decision. Demeaning text messages and negative character evidence are often proposed. While this type of evidence can at times be persuasive to a court, the Ohio Revised Code sets forth the relevant path.
The Ohio Revised Code provides the following set of factors to be considered by a court in custody determinations:
- The child’s wishes, as expressed to the court
- The child’s existing relationships and interactions with his or her parents, siblings and extended family members
- The child’s home, school and community life
- The physical and mental health of all parties involved, including the child and parents
- The parents’ wishes
- Whether one parent is more likely to honor a court-approved visitation or parenting-time schedule
- Whether one parent has failed to make all child support payments required under an existing child support order
- The ability of each parent to cooperate and to encourage a loving relationship between the child and the other parent
- Any history of domestic violence or child abuse
- The geographical proximity of the parents to each other.
This list is not exclusive. However, a litigant should be prepared to offer evidence that addresses these factors. If you have questions concerning your child custody matter feel free to contact our office.