Can You Get Sole Custody? Here’s What the Law Says

The thought of divorce or separation can be overwhelming, and few issues are more stressful than determining where your children will live and who will make the critical decisions about their future. When clients come to KRK Family Law, one of the most common questions we hear is: “Can I get sole custody?”

In Ohio family law, the term “sole custody” is often used in common conversation, but the legal reality is slightly more complex. Ohio courts refer to this arrangement as designating one parent as the “residential parent and legal custodian” while the other is given “parenting time” (visitation). This is the alternative to “shared parenting,” which is typically the preferred outcome for many Ohio judges.

Understanding the legal landscape and the high bar the court sets for granting sole parental rights is the first essential step in your child custody case.

Understanding the Types of Custody in Ohio

To answer whether you can get sole custody, it’s important to clarify the two main components of custody in Ohio law:

1. Legal Custody (Decision-Making): This involves the authority to make major decisions regarding the child’s upbringing, including education, medical care, and religious training.
2. Physical Custody (Residential Parent): This determines where the child lives the majority of the time. The parent designated as the residential parent and legal custodian is the one with sole legal and physical custody.

In a shared parenting plan, both parents share legal custody and are jointly responsible for major decisions, even if the physical time split is not 50/50. To obtain what most people mean by “sole custody,” you are asking the court to grant you sole legal and physical control over the children, limiting the other parent’s rights to parenting time only.

The Guiding Principle: The Best Interest of the Child

Ohio courts operate under one firm guiding principle: every decision regarding child custody and the allocation of parental rights must be made in the best interest of the child. Because of this, courts generally assume that it is in a child’s best interest to have a meaningful relationship with both parents, which is why shared parenting is often favored in cases involving married parents unless there is clear evidence showing it would be harmful. To pursue sole custody, a parent must demonstrate to the court that shared parenting would not be in the child’s best interest and that naming them as the sole residential parent and legal custodian is necessary to support the child’s well-being, safety, and stability.

When Do Ohio Courts Grant Sole Parental Rights?

Sole custody is typically reserved for situations where compelling factors make joint decision-making and shared responsibility either impossible or unsafe for the child. While every case is unique, courts typically consider specific circumstances when awarding sole parental rights to one parent.

Key factors that weigh heavily in favor of a sole custody designation include:

• History of Abuse or Neglect: Any documented history of physical, emotional, or sexual abuse of the child or another family member, or a failure to provide for the child’s essential needs.
• Substance Abuse or Addiction: A proven and ongoing issue with drug or alcohol abuse by the other parent that compromises their ability to safely care for the child.
• Severe Parental Conflict: The parents have such high levels of hostility and inability to communicate that forcing them to cooperate on major decisions (as required in shared parenting) would be detrimental to the child’s mental health.
• Chronic Uninvolvement or Abandonment: One parent has been largely absent from the child’s life, failed to exercise previous parenting time, or has a history of non-compliance with court orders.
• Mental Health Issues: A diagnosed and untreated mental health condition that severely impairs a parent’s judgment or capacity to provide a stable, safe environment.

The court is required to weigh a number of factors, including:

• The wishes of the parents.
• The child’s adjustment to their home, school, and community.
• The child’s wishes (if the court deems them mature enough to express a reasoned opinion).
• The mental and physical health of all parties involved.
• The capacity of each parent to encourage a relationship between the child and the other parent.

What Unmarried Parents Should Know About Sole Custody

• For unmarried parents in Ohio, the law begins with a different presumption. An unmarried mother is automatically deemed the sole residential parent and legal custodian of the child until a court order is issued otherwise.
• For an unmarried father to obtain shared parenting or to be designated the residential parent, he must first legally establish paternity and then petition the court for a custody order. The court will then evaluate the case using the same standard of the best interest of the child applied to married parents.

Building a Strong Case for Sole Custody

If you believe that sole custody is the only safe and appropriate path for your children, it is crucial to prepare your case meticulously. You must present strong, verifiable evidence that clearly demonstrates why shared parenting is detrimental to your child’s well-being.

Actions you can take to build your case include:

• Documentation: Maintain a detailed log of all concerning incidents, including dates, times, and the names of witnesses.
• Professional Reports: Gather police reports, medical records, or Child Services records, if applicable.
• Witness Testimony: Identify credible witnesses, such as teachers, doctors, or therapists, who can speak to the other parent’s behavior or the child’s needs.
• Cooperation and Stability: Demonstrate your own stability, commitment, and ability to foster a positive environment for your child, including encouraging their relationship with the other parent (unless safety is a concern).

Navigating a child custody dispute in Ohio requires a thorough understanding of the law and a strategic approach to presenting evidence. The experienced Ohio family law attorneys at KRK Family Law are committed to protecting your children’s best interests.

If you are facing a divorce or custody battle and need to pursue sole parental rights, contact KRK Family Law for a consultation. We can help you understand your rights and build the strongest possible case for your family.