Your spouse knows exactly where you’re most vulnerable – and that may be exactly why they’ve threatened to “take the kids” if you dare to divorce them.
But do they actually have that power? Issues involving child custody can be contentious, but your spouse – no matter what they might pretend – doesn’t actually have as much control over the issue as they might think.
It’s the child’s needs that matter
Unlike some states, Ohio law does not automatically presume that shared parenting is best, and the court does not have to award shared parenting even when a shared parenting plan is submitted as part of a divorce petition. That’s because child custody and parenting rights and responsibilities are always decided based on the “best interest of the child,” not the desires of the parents. To that end, the court may consider things like:
- The child’s preferences (if they are old enough to articulate them)
- The child’s adjustment to their current living situation (home and community)
- The mental and physical health of all involved in the situation
- Virtually any factor the court considers relevant to the issue
That means that your spouse cannot simply decide that they will take custody and control of your children away from you. In fact, if they’re unwilling to negotiate with you on a shared parenting plan, the court may decide that they’re incapable of supporting a healthy relationship between you and your children or unlikely to abide by the court’s orders – and that could sway the court against them.
Don’t let your spouse’s threats stop you from moving forward with your divorce. It’s far better to get legal guidance that’s specific to your situation so that you can proceed with confidence.