David L. Lash, Attorney

(216)464-9950

davidlash@lashlaw.net

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Domestic Relations

Custody, Shared Parenting and Visitation

It is a myth that Ohio courts only favor women in custody cases.  It is a fact that Ohio courts favor shared parenting where appropriate.  Whichever parent had been the primary care provider for the child/children prior to divorce will be favored in a contested custody case.  If both parents were relatively equal care providers for their children, the courts will encourage them to both remain active and participatory as equal parents after the divorce.  If a parent has not been particularly active in providing care for the child/children during the marriage, the courts will nevertheless permit a parent to assume a greater degree of responsibility after the divorce if that parent is willing to do so.  The courts favor the concept of shared parenting.  There are standard parenting time guidelines proposed by most county courts.  A copy of the Cuyahoga County standard parenting time guidelines can be viewed.  Standard parenting guidelines can be modified on a case-by-case basis to accommodate the needs of the children and the abilities of the parents.

Child Support

Child support is based on the respective earning abilities of the parents.  There is a court sanctioned computer program used to assist in calculating child support guidelines.  Family income, parenting time, health insurance availability and day care needs are factors used to determine the appropriate level of child support.

Property Settlement

As a general rule, the Domestic Relations Courts favor equal distribution of marital assets and liabilities..  There is an exception to this rule where Husband or Wife engages in financial misconduct.  Assets not subject to equal division in divorce court include inheritances, provable gifts and traceable proceeds from a personal injury settlement.