A child custody battle can be one of the most difficult situations a parent can ever face. Dividing the time each parent will get to spend with their children is a difficult and sometimes painful process. Whether the parties are able to communicate or not, nothing is easy about placing limits upon one’s access to their own children. Both Fathers and Mothers must be treated fairly in this analysis – the Court may not discriminate based upon gender.
There are many factors which must be assessed in a custody battle. Ohio law lists approximately sixteen (16) factors by statute. Any combination of these may or may not be relevant, depending upon the facts of your individual circumstances. Having legal counsel assess these factors quickly is essential to a successful outcome in custody litigation.
What are the wishes of each parent, as well as the child? Is a party threatening to move out of state? Is a parent refusing to permit the other parent access to the child? What school district is best for the child’s advancement? How will the child’s relationships be affected with family, including siblings and even half-siblings? Does the child have any special needs, or health issues which require specific care? Are there any issues of domestic violence by a party to the action, issues of child abuse or child neglect for either party, or someone in their respective homes? These and other factors must be assessed by experienced trial counsel, in order to present the best possible case to the Court at trial. Any delay in hiring experienced legal counsel gives a great advantage to the other parent and their Legal Counsel.
Is it possible to Mediate an outcome and avoid conflict? Perhaps the parents seek a Shared Parenting Plan and Order in which they will both retain custody and divide their time based upon a schedule which better reflects their individual needs, maximizing the time the child spends with each parent while taking into account their work schedules and other factors. Drafting such a plan requires tact and negotiating skills.
The Attorney you trust to litigate custody of your children has a tremendous responsibility. And in Domestic and Juvenile Court, for the most part, you get what you pay for. Don’t try to spend pennies now and regret it later, at the expense of your children.
Some custody cases require an emergency intervention due to an immediate danger to a child. Some of these cases involve the local Children Services Board, Police Departments, or other Government Agencies. Some are filed by a parent, grandparent(s) or even third parties who must act quickly to prevent harm to a child. Such an action can be an Emergency Ex Parte Action, and these move very quickly. Delay in hiring experienced Counsel can create months and even years of complications.
Attorney Curt P. Bogen is an experienced custody litigator, who fights hard, knows the law, and knows how to get results. If you need to hire an aggressive custody litigator, or have someone on your side to negotiate for you and insure that you receive your fair share of time with your children, call Attorney Curt P. Bogen at (330) 652-4529 for a Consultation.