Difference between Domestic Relations Court and Juvenile Court in Custody cases

It can be very confusing as to which court is the proper court to file a motion for alteration of parental rights and responsibilities. Do I file in the Domestic Relations Court? Or, do I file in the Juvenile Court? How are they different? It seems that they both handle child custody issues in Ohio, so which is the right one? Well, the answer is a simple one. If the parents were married and divorced, then the Domestic relations Court will handle all post-decree motions, including those related to child custody, child support and spousal support. However, if the parents were never married, then any original custody determination was made in the Juvenile Court and that Court would handle all subsequent motions related to child custody. Basically, go back to the Court where the original determination was made. If you cannot remember which Court or find your papers, then simply apply the general rule.

If you have never been married to the other parent, and there has never been a Court Order determining child custody, then you would need to file in the Juvenile Court initially.

In Sum: always file in the court that originally issued any order respecting child custody. If there has never been a Court Order respecting child custody and you ar

Children Services Home Studies When Custody Is an Issue

If a person wants to take custody of a child that is alleged to be abused, neglected or dependent child, either with Children Services filing a complaint, or a private party filing a complaint for custody, those prospective custodians must have a home study conducted. Many people gt nervous when the issue of a home study is raised, fearing that outsiders will soon be prying into their lives. However, homestudies are rather mundane and the items the investigators are interested in are very basic in nature. When Children Services or a privte organization conducts a homestudy, they are effectively looking at the following:

1. Is the home structurally sound?

2. Is there adequate room in the home that would allow the custodians to take-in another child?

3. Is the home sanitary and safe in all respects?

Can the Child choose which Parent they want to live with in Ohio?

It is one of the most common myths that people maintain when it comes to child custody: Once a child reaches a certain age, that child can choose which parent to live with, right? Well, that is actually incorrect. However, this myth is based in history and actually grounded is truth. Under former Ohio law, once a child attained the age of 12 years old, that child had the power to choose which parent was to be deemed the residential parent and legal custodian of that child. However, under current Ohio law, minor children no longer have the ability to choose which parent they want to live with on a permanent basis. In other words, when the Court issues its final divorce decree which, among other things, allocates parental rights and responsibilities, it is not the child that determines which parent is to be the residential parent, even if that child is a teenager. Ohio law treats a 14 year old in the same manner as a 4 year old when it comes to determining which parent with be designated as the residential parent. And, like almost all issues involving minor children, the determination is guided but what is in the “best interest of the child”.

So, divorcing parents, remember that your child will not be choosing for or against you when it comes to custody issues. Rather, the Court will decide and you need to focus your energy on convincing the Court that it would be in the best interest of the child to live with you … do not work on convincing the child that he or she should choose you. Which, in truth, is not fair to the child anyway.

Is there Joint Custody in Ohio for Divorcing Couples?

Many divorcing couples say that they want to work out Joint-Custody of their children, but wonder how to make that a part of the Divorce Decree. Well, the answer is that there is such a thing as Joint Custody under Ohio divorce statutes, but it is not actually called “Joint Custody”. Rather, in Ohio, what people generally mean by Joint Custody is something called “Shared Parenting Plan”. With a shared parenting plan, the parties agree to share the parenting responsibilities such that one parent is not designated as the sole residential parent and legal custodian of the minor children. The parties agree on some form of shared parenting plan and submit the plan to the court for its approval. If the Court accepts the shared parenting plan, then both parents will have custody of the children, as opposed to one parent being the residential/custodial parent and the other having visitation rights only.

Diversion and ILC in Ohio Felony Cases

Most people think that when someone is indicted in Ohio for a felony that there are only two possible resolutions: (1) The person will plead or be found guilty, or (2) the person will be acquitted of the charges. That is not entirely true. Ohio has a couple of alternatives that an attorney could pursue on behalf of a felony criminal defendant. First, the attorney could file a motion for Intervention in Lieu of Conviction (“ILC”). In short, ILC basically allows a person who committed a crime due to their addiction to drugs or alcohol to receive treatment for their substance abuse problems instead of a conviction and prison time. But, ILC is not available for all felony defendants and a given defendant must first be found to qualify for ILC. Ask your attorney whether you qualify (ILC is not available for certain crimes and certain offenders). If the Court accepts the ILC it will then prescribe a particular treatment program for the defendant and suspend the pending criminal action. If the defendant does what the Court demands as far as the treatment goes, the Court will dismiss the charges and the defendant can avoid a felony conviction altogether.

The second possibility is something called “Diversion.” Diversion is similar to ILC in that if the defendant is accepted for diversion and completes a program, then ultimately he or she is not convicted of a felony. The defendant is “diverted” out of the criminal court system and given a chance to accomplish certain goals set by the program. If the defendant successfully completes the diversion program, then the Court will dismiss the charges. However, like ILC, only certain charges and certain types of criminal defendants are eligible for a diversion program.