Trusted Child Custody Attorney in Delaware OH
Whether you are separating from your spouse or need representation in a child custody dispute, the dedicated attorneys at Rathburn & Associates can help. We offer compassionate and personalized divorce and family law representation for individuals and families in the Delaware area and throughout Central Ohio. Splitting up a marriage can be a complicated matter with many legal implications. You need an experienced Ohio divorce lawyer who can provide you with competent legal representation and successfully navigate you through the Ohio divorce and child custody process.
As some of Ohio's most highly respected divorce attorneys, we have a tremendous reputation for preserving the property rights and parental rights of our clients in divorce and family law matters. We provide our clients with representation in matters such as divorce, child custody, child support, property division, and more. At Rathburn & Associates, we know that going through a divorce is a time of great uncertainty. We try to provide clients with information that can ease their anxiety about the future because we believe that a well-informed client is also one who is better able to make decisions about the future.
Skilled & Compassionate Divorce Representation in Delaware, OH
A divorce may be started by one spouse. To start a divorce case you must be able to allege grounds, identify marital assets and debts, separate assets and debts of each spouse, determine income and expenses of each spouse (potential spousal support). If the parties have been separated for a period of time and/or are agreeing on everything, the process may be greatly simplified with the use of an uncontested divorce.
This can significantly decrease the time and cost. A dissolution of a marriage can save time and money if both parties agree on all issues related to the separation. A dissolution requires both parties to start the process.
For couples with children, there are many special legal considerations that need to be taken during the divorce such as child custody, child support, parenting time, health insurance coverage, and more. Because every set of circumstances is unique, we make sure that parents understand their options. We help find the option that is best for you and for your children.
Property Distribution & Equitable Division
Splitting up a marriage can be a complex matter with many legal issues. All assets and debts must be identified for purposes of equal and/or equitable division by Domestic Court. It will be necessary to look at the income and expenses of each spouse and, depending on the length of the marriage, determine if spousal support is appropriate to present to Domestic Court. Real estate, motor vehicles, financial accounts, pension plans (QDRO, DOPO) and personal property are some of the type of assets that need reviewed.
Delaware Child Custody Lawyer
In all matters of custody, first and foremost is the consideration of the minor child. The court system is set up to establish an agreement that is in the best interest of the child or children. Some of the considerations are:
- Is the child born prior to the marriage to the other parent?
- Is a paternity via DNA testing required?
- Who will be the residential parent and have physical custody?
- Is shared parenting appropriate?
Sole custody is an arrangement whereby only one parent has physical and legal custody of a child. Visitation or parenting time, child support, and healthcare and uncovered medical expenses, as well as tax exemptions are the major concerns that will be addressed.
Shared parenting is provided for in Ohio law. One parent may propose a plan to the domestic court or it may be an agreed upon plan by both parents. The plan may be requested for in the original divorce or dissolution documents or it may be processed by filing a motion for shared parenting in domestic court. If shared parenting is best for the minor child, there may be a deviation of the guideline child support -- this must be addressed in domestic court by the filing of additional documents that must be approved by the judge.
Child Support Considerations
Child support is required to be withheld from income or an account and processed by the Child Support Enforcement Agency (CSEA). Child support can be the result of a domestic court order or an administrative order through the CSEA. If the parents are separated and the parent that has the child desires child support without filing documents in domestic court, they may get assistance from the CSEA. If filing in domestic court is necessary, call Rathburn & Associates at 614-497-9918 and let us help you understand your situation and advise you on the best course of action.
For solid advice and dedicated representation on all family law matters, contact an experienced attorney at Rathburn & Associates today.