Custody

Here are some words and phrases commonly used in Ohio custody cases:

• Allocation of parental rights and responsibility: This is the legal term in Ohio for a custody order. It means deciding who will be responsible for the care of a child.¹
• Shared parenting: This is when both parents have joint custody. Parents with shared parenting may share some or all aspects of physical and legal custody. The specific details of how the parents share the responsibilities of caring for their child are outlined in a shared parenting plan. This plan must be approved by the judge.²
• Legal custodian: This is a person who has legal custody of the child. S/he can make important decisions about the child’s life and well-being.¹
• Residential parent: The residential parent is the parent who has primary physical custody. This parent lives with the child most of the time and is the main caregiver. This parent is also called the “custodial parent.” In cases with a shared parenting order, both parents may be considered residential or custodial parents.³
• Nonresidential parent: A parent who does not live with the child most of the time is called the “nonresidential parent” or the “noncustodial parent.” This parent may or may not have legal custody.³
• Parenting time: This refers to the time a child spends with each parent. For a nonresidential parent, it means his/her visitation time. For parents with shared parenting, it refers to the child’s planned time with each parent.⁴
• Companionship or visitation rights: These are visitation rights given by the court to grandparents, relatives, or other people to spend time with the child.⁴

¹ Ohio Rev. Code § 3109.04
² Ohio Rev. Code § 3109.04(K)
³ Ohio Rev. Code § 3109.04(L)
⁴ Ohio Rev. Code §§ 3109.42; 3109.051