Questions about Parenting

Henry County Family Court

Do I need the Court’s permission to move my child outside of Henry County?

Permission is only required if a previous decree or order requires the party to obtain permission.  However, Ohio law requires that the person having custody of a minor child notify the Court if the person plans to leave Henry County.  The person must complete a “Notice of Intent to Relocate” and file it with the Court.  This form is available on this website.  The Court will mail a copy of the Notice of Intent to Relocate to you former spouse.  Your former spouse may file a Motion with the Court to contest the relocation.  Even if the relocation is not contested, parties often find it useful to file a motion to modify the parenting schedule if relocation will make complying with the current schedule impractical.

 

What can I do if my spouse will not let me know see our child?

Both parents are presumed to have equal rights to their children unless a court orders otherwise.  You can hire an attorney to file a motion or attend the Pro-Se clinic to get a court order in the Henry County Family Court. 
You may also request a court order from the Family Court if you have filed a Complaint for Divorce or a Complaint for Legal Separation.     

 

What can I do if my former spouse will not return my child but I am the residential parent and legal custodian?

Take a certified copy of your order awarding you this status and contact your local police department or the Sheriff’s Department for help in securing the return of your child. 

 

Can I get a court order to see my grandchildren?

In general, a court will not interfere with an intact family to settle disagreements about the right to see or visit a grandchild. However, the court may grant reasonable companionship time or visitation to grandparents. Certain situations where the court will intervene include a pending divorce, dissolution, legal separation, annulment, or child-support proceeding and/or the court has continuing jurisdiction over the proceedings mentioned previously, or other specific reasons and if it is in the best interest of the child. If your believe you are entitled to visitation rights with your grandchild you can hire and attorney or make an appointment at the Pro-Se clinic to file the appropriate motion with the Clerk of Court and served on all parties.

What is shared parenting?

Shared Parenting involves a plan where the parents both have a role in making decisions for their children. Shared parenting does not mean that each parent has the children 50% of the time. However, It does requires that the parents prepare a  “shared parenting plan" that outlines how they will make the major decisions affecting the children once the marriage is over. Some of the areas that the parents must address are education, medical treatment, and the religion the children will practice. Usually, the parents agree that they will both be involved in making these decisions.  In addition, the plan must contain a schedule that sets out with whom the children will be during the week, on weekends, national holidays and days of special meaning. 

At what age can my son or daughter choose which parent he or she wants to live with?

While a child’s wish about custody is one of the factors used to determine the best interest of a child, Ohio law forbids people from trying to get any type of statement for the child setting forth the child’s wishes and concerns regarding parental rights and responsibilities. While the court considers the child’s preferences, the court determines who the child will be cared for based on what will be best for the child.