• When a couple obtains a divorce, the most hotly contested issue is often the determination of custody of marital children. In Geauga County, Ohio, the Ohio State Legislature is the main source of the ways and standards of determining custody of marital children. However, for couples obtaining a divorce in Geauga County, county law sets forth specific court procedures that govern custody disputes.
  
  

When A Party Can Obtain Custody

• Ohio state law has abolished parental preference, allowing a mother and father equality under the law in a custody dispute. If either parent petitions for custody of a marital child in a divorce proceeding before a Geauga County court, the judge must consider their request for custody. The standard that a judge uses in a Geauga County divorce proceeding is whether granting a parent custody would be in the "best interests of the child." In determining what custody options are in the best interests of the child, a Geauga County family law judge has the discretion to investigate the character, financial assets, earning ability and parenting ability of both parents. In the event of an adjudication (guilty verdict, guilty plea, or civil adjudication) against either parent demonstrating neglect, physical or sexual abuse of a child, the court must take this adjudication into consideration in determining custody.
  
  

Types of Custody Under Ohio Law

• Under Ohio law, custody issues have two components: legal and physical custody. Legal custody refers to the ability to make decisions about a child's well-being, including education, healthcare and decisions about religions. Typically, unless one of the parents has willfully abandoned the marital child, a family law judge in Geauga County will award legal custody to both parents. Physical custody refers to the right to have the child physically live in the parent's home. A court will either award sole (to one parent) or joint physical custody (to both parents). A parent who is not awarded physical custody is generally afforded visitation rights, the scope of which varies on the fitness of the parent.
  
  

Geauga County Court Rules for Divorce Proceedings

• A parent seeking custody of a child in a Geauga County divorce proceeding must comply with Geauga County court rules. A parent seeking custody in a divorce proceeding has an obligation to fill out special financial and child-care affidavits and submit them to a Geauga County judge. Furthermore, a parent who has obtained custody in a Geauga County divorce proceeding must petition the court for permission to relocate with the child outside of Geauga County. Furthermore, the Geauga County courts have promulgated a standard schedule for sharing physical custody of children, which involves rotating physical custody for holidays and allocating three weeks of summer vacation time to each parent.