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Child Custody

At Berry & Karl, LLC, we understand that your children are your number one priority. We couldn’t agree more. We are here and willing to assist you through difficult child custody cases, helping you understand complex Ohio and Northern Kentucky child custody laws and what they mean for your case.

Unique Family Needs

Since not all families’ needs are the same, we will work with you to create shared parenting plans, visitation plans, and child support plans that are as unique as your family. We also recognize that in some families, parents are not the only members associated with a child custody case. As such, we will act on behalf of all relatives rightfully involved. This may include defending the rights of an unmarried father, or helping grandparents who have once again been thrust into a parenting role. Both situations have unique circumstances and associated factors.

Our first approach will be open discussions, through dispute resolution such as mediation, collaborative family law, or settlement conferences, with the goal of resolving issues and coming to agreements under amicable conditions outside of a courtroom. If necessary to appear before a judge or magistrate, we will both prepare and defend you when the time comes. With our 35 years of combined experience in litigating custody matters, we will be there for and with you from start to finish

Once plans are created, we can also work with you to enforce or adapt existing needs and requirements, as we recognize that situations can and do change over time. Sometimes visitation needs to be restructured to better suit a parent’s schedule, while other times the other parent may relocate to another city or state. Ultimately, whatever the situation, our goal is to help ease the stress and anxiety associated with your child custody case as much as we possibly can.

With both you and your children in mind, below are some of the factors we’ll consider when creating your child custody agreement:

  • The needs and wants of you and your children
  • Your and your children’s routines
  • You and the other parent’s attitudes, intentions, and ability to get along
  • Your children’s relationship with any siblings
  • Travel time required by both you and the other parent, grandparents, or legal custodian
  • Health concerns as they relate to both you, your spouse, and your children

When making an allocation of parental rights and responsibilities (custody) for the care of children in Ohio, the court shall take into account that which will be in the best interest of the children. Ohio Rev. Code 3109.04(B)(1). The “best interest” factors considered by the Court include: (a) wishes of the parents; (b) child’s wishes; (c) child’s interaction with parents, siblings and other person who may significantly affect the child; (d) child’s adjustment to home, school and community; (e) mental and physical health of the parents; (f) parent most likely to honor visitation; (g) whether either parent has failed to hour parenting visitation schedule… Ohio Rev. Code 3109.04(F)(1).

Effective April 26, 2018, Kentucky law regarding custody and parenting time for both wed and unwed parents was modified. KRS 403.270 created a rebuttable presumption that joint custody and equally shared parenting time is in the best interest of the child. The courts are required to consider very similar factors to those considered in Ohio when determining the child’s best interest.

If you are a parent or even a non-parent, contemplating litigating a custody case in Ohio or Northern Kentucky, it is important that you understand how the Court interprets these factors. Please contact Berry & Karl, LLC to discuss your unique family situation.