In Ohio, courts award different types of custody to parents after examining their custody cases. This allows them to decide if your children should live with you and if you should play a role in making major choices for them. While these issues may overlap, state laws treat them as different rights and responsibilities. It is important to understand physical and legal custody.
What is physical custody?
Physical custody refers to where your children live. It also decides which parent is responsible for their daily care. This includes keeping a child’s routines, meals and general supervision. In some cases, the court may award physical custody in a 50/50 split, giving children equal amounts of time with either parent. However, Ohio courts commonly award primary physical custody to one parent.
Courts in Ohio usually decide which parent has primary physical custody based on the best interests of the child. Children often live with the parent who has primary physical custody, while the other parent has parenting time, allowing them to spend time with their children.
If an unmarried woman has children in Ohio, she becomes their legal custodian and sole residential parent until the court issues an order that changes that. However, the father can seek rights and obtain court orders for custody or parenting time.
What is legal custody?
While physical custody involves day-to-day supervision and routines, legal custody refers to your ability to make major decisions for your children. This typically includes:
- Healthcare
- Religion
- Education
Ohio courts may award joint legal custody if they decide both parents should share decision-making. Joint legal custody also means both parents have the same rights when determining where the children go to school or what their religious upbringing should be.
Why does this distinction matter?
The differences between physical and legal custody separate the daily responsibilities of a parent from the major decisions parents must make regarding their children. Courts award custody on a case-by-case basis, which means parents can receive any combination of custody. For example, even if you have primary physical custody of your children, you might also have joint legal custody, giving the other parent the same decision-making rights as you.
This distinction also matters because the type of custody each parent has determines their legal rights and responsibilities. By being aware of how your custody affects your decision-making authority, parenting time and financial responsibilities, you can do your part in ensuring your child’s safety and stability.