West Chester Child Custody Lawyer

West Chester Child Custody Attorney

Nobody wants to be engaged in a custody battle, but it is an unfortunate reality for many families at some point in their lives. Whether you are fighting for parental rights or simply trying to reach an arrangement that is in the best interest of the children, it is wise to seek counsel from an attorney. For child custody matters in the West Chester area, consult Scott Hoberg, an experienced West Chester child custody lawyer.

About Hoberg Law

Scott Hoberg is a compassionate family law attorney at Hoberg Law with a passion for helping families navigate important life decisions, both immediate and long-term. He has extensive knowledge of child custody laws and is well-equipped to help you create the right situation for your child and family. Scott’s approach to work is guided by three principles: preparation, planning, and protection.

How Do Child Custody Arrangements Work?

Child custody arrangements come into play when two parents both want to be involved in the child’s life but do not want to live together. This can arise from divorce, separation, or even planned coparenting in cases of parents who were never together.

There are two kinds of child custody: physical custody and legal custody. Physical custody dictates where the child stays and who takes care of them daily. A parent with physical custody may have their child live with them part-time or full-time. A parent with legal custody has rights associated with making decisions for and about their child. This decision-making power covers things like school choices, medical decisions, and religion.

Parents can be given sole custody or joint custody in either or both of these aspects. For example, one parent could get full legal custody while sharing joint physical custody with the other parent.

Approaches to Working Out a Custody Agreement

Divorce is common. In fact, Ohio has a divorce rate of 2.4 per 1,000 residents. Moving forward is possible, and parenting arrangements can work well. When outlining a child custody agreement, everyone’s top priority should be the well-being of the child in question. If parents are able to discuss the issue civilly, it is possible to make arrangements without ever going to court and engaging in a custody battle.

If this is a viable approach for you and your coparent, you can meet with an attorney to discuss your individual needs and the needs of your child. The attorney can help you draw up a fair and equitable plan that can be approved by the court and legitimized as a court-ordered agreement.

Sometimes, parents are not able to agree on a custody arrangement. In those situations, a judge hears the child custody case and decides on a parenting plan, which then becomes a court order. These are cases that can turn contentious, as each parent attempts to convince the court to rule in their favor.

What Factors Influence Custody Decisions?

Custody battles can be complex and emotionally intense, but the court has a duty to prioritize the well-being of the child over the feelings of the parents. There are several major factors that may influence a judge’s decision, including:

• Financial and domestic stability. A parent must show that they are capable of providing financially for their child now and in the future. They must demonstrate that they represent a stable and safe home for the child.
• Disruption to the child’s life: Sometimes, prioritizing the well-being of the child means minimizing disruptions to their life and daily routine. A judge may rule in favor of an agreement that does not relocate the child far away from familiar friends or family or force them to change schools.
• Health considerations: If there are any significant mental or physical health problems affecting a parent, or if the child has special physical or mental health needs, these may factor into a decision.
• The child’s wishes: If a child is mature enough to understand the situation and express their wishes, the judge may consider those when deciding on a ruling.

Why Should You Hire a Child Custody Lawyer in West Chester, OH?

When deciding on a child custody arrangement under any circumstances, it is always a good idea to hire a child custody lawyer in West Chester, OH. As protection for yourself, your coparent, and your child, a custody attorney can help you draft an agreement that will be approved by the courts and serve the interests of your family. Child custody laws can be complicated, so consulting a skilled and knowledgeable lawyer can help eliminate any uncertainty.

FAQs

At What Age Does a Child Get a Say in a Custody Arrangement?

Some states have a specific age at which a child is considered old enough to weigh in on their custody arrangements. Ohio does not use any specific age, but Section 3109.04 of the Ohio Revised Code states that the court can interview the child to determine their reasoning ability and decide whether to consider the child’s wishes when deciding custody.

Do I Still Need a Lawyer if My Coparent and I Agree on Custody?

Yes, it is still wise to consult a lawyer about your custody arrangement even if you and your coparent agree on the terms. An attorney can help you draft an agreement that will be acceptable to the court, thus helping the legal process of divorce, separation, or custody determination to move more quickly and smoothly. Furthermore, it is important to have an airtight agreement in case one parent should decide in the future that the terms are no longer acceptable. It is easier to amend a plan that was well-constructed in the first place.

What Is the Biggest Mistake in a Custody Battle?

The biggest mistake a parent can make in a custody battle is intentionally demonizing or undermining the other parent, particularly in front of the child. This is called parental alienation, and custody courts generally view it as a major negative because of the mental and emotional effects it can have on a child. Make sure you are not speaking poorly of the other parent to your child.

Are Mothers Awarded Sole Custody More Often than Fathers?

Yes, mothers are awarded sole custody more often than fathers. In a custody battle situation, the courts are charged with ruling in the best interest of the child, regardless of the gender of the parent. While it is true that mothers receive sole custody in around 65% of child custody cases, gender bias is unlikely to be the main driver behind that fact. Mothers are more likely to be the primary caregiver for their children. If parenting is already shared more equally, a ruling for sole maternal custody is less likely.

Trust Hoberg Law to Take Care of Your Family

The prospect of creating a child custody plan or fighting a custody battle may seem daunting. Scott Hoberg of Hoberg Law can step in and help you face the unknown with knowledge and confidence. He can work with you, whether in his office or the Butler County Area Courts, to reach a resolution that ensures stability for you and your child. Contact his office today for a free consultation.