best interests of the child factors

• Figley v. Corp, (Ohio 2005)

Abuse of discretion - best interests of the child factors - relocation.

• Ohio Supreme Court

• In re Bell, (Ohio 2005)

Child custody dispute between parent and grandparent; R.C. 2151.23(A); parent may waive the right to an unsuitability hearing and determination; after legal custody is transferred to the grandparent, subsequent modifications of custody are determined solely in the best interests of the child; court must make clear in its journal entry that it has considered the best interests of the child, and the record must reflect the factors the court considered in applying the best interests test.

• Ohio Supreme Court

• Grandparent's Rights

... each state give full faith and credit to child custody decrees from other states. Federal legisl...Factors Considered for Custody or Visitation. Courts grant...Best Interests of the Child. Courts in every jurisdicti...

• Gale Encyclopedia of Everyday Law
• Family Law

• 42 CFR 433.147 - Cooperation in establishing paternity and in obtaining medical support and payments and in identifying and providing information to assist in pursuing third parties who may be liable to pay.

...(1) Establishing paternity of a child born out of wedlock and obtaining medical support ... must find the cooperation is against the best interests of the child, in accordance with factors...

• Code of Federal Regulations - Title 42: Public Health

• Bowers v. Bowers, (Ohio 2005)

The trial court’s decision terminating a shared parenting plan and modifying custody is not against the manifest weight of the evidence. Modifying custody to make the father the residential parent and legal custodian was in the best interests of the minor child, based on several factors, including the mother’s interference with the father’s visitation by filing unsubstantiated allegations of sexual abuse. In addition, the child was diagnosed with anxiety, which appears to have been caused by violence in the mother’s home, including domestic violence between the mother and the child’s stepfather. The trial court also did not abuse its discretion in refusing to order psychological evaluations. There was more than adequate testimony about the child’s mental health, and issues relating ...

• Ohio Supreme Court

• What is custody?

Custody is the legal authority to control a child. The power to make important decisions about a child is generally referred to as "legal" custody. The power to maintain physical, day-to-day control over a child is generally referred to as "physical" custody. The custodial parent is the parent with physical custody of a child. The other parent is the non-custodial parent. Both parts of custody - legal and physical - can be sole or joint. Each state has a statutory standard to be used by the courts in deciding custody disputes. All 50 states have enacted the Uniform Child Custody Jurisdiction Act which is intended to avoid conflict between courts of different states in cases where parents have moved children from one state to another. In such cases, the Uniform Act provides that the pr...

... the courts concerning child custody is the "best interest" standard. The best interest of the child... of the child." In determining the best interests of the child, the court shall consider: 1) the phy... well-being of the child; and 9) other factors that the court considers pertinent. In making an a...

• Domestic & Family
• Questions & Answers

• O'Conner v. Patton, (Ohio 2003)

Admissibility of hearsay pursuant to Evid.R. 807; consideration of factors in determining the best interests of a child under R.C. 3109.051; trial court is not required to consider or adopt proposed findings of fact and conclusions of law or the responses thereto; manifest weight of the evidence.

• Ohio Supreme Court

• The Equally Shared Parenting Time Presumption-a Cure-All or a Quagmire for Tennessee Child Custody Law?

This patriarchal idea closely traced the earliest rule of child custody in England, developed around the seventeenth century, that absent extraordinary circumstances the father received sole custody of his children.16 In the nineteenth century, American courts began to abandon this so-called paternal preference, focusing instead on the best interests of the child.17 In most cases, these early courts took the view that it was in the best interest of young children, specifically those of tender years, to live with their mother.18 This idea gave birth to what is known today as the tender years doctrine, and by the early part of the twentieth century it had firmly replaced the paternal preference.19 The tender years doctrine was firmly engrained in the courts throughout the first part of...

... them to account for all relevant factors.5 Intuitively, using a best-interest standard seem...

• University of Memphis Law Review, The
• Vol. 38 Nbr. 1, October 2007

• Abbott v. Abbott, 560 U. S. (2010)

... on the Civil Aspects of International Child Abduction (Convention) and the implementing statut...3(a), and Mr. Abbott’s ne exeat right is best classified as a “joint right of custody,” whic... duty to make decisions in the best interests of the children. To interpret the Convention to pe...These factors, so essential to self-definition, are linked in an...

• U.S. Supreme Court

• Heyman v. Heyman, (Ohio 2006)

When the final journal entry is issued after the effective date of R.C. 3105.73, a trial court errs in not applying the statute in considering an application for attorney fees. The trial court abuses its discretion in characterizing property as a gift when the manifest weight of the evidence supports only a finding that money was intended as a loan. The trial court also errs when its written orders conflict with an attachment purporting to outline the court's final distribution of property. It is further error to fail to discuss the factors set forth in R.C. 3119.82, or weigh the best interests of the child, when determining which parent should receive the federal dependency tax exemption. Also discussed: de facto termination dates, child support orders, and the distribution of property...

• Ohio Supreme Court