Child Custody & Visitation

Hilliard Child Custody Lawyer

Effective & Dedicated Legal Representation When You Need it Most Serving Hilliard, Ohio

In virtually all family law cases, determining child custody is one of the most important, and most contentious, aspects of any divorce settlement that involves children.

Emotions can run high, and you will likely need a child custody lawyers serving Hilliard, Ohio that can remain calm and provide clear, concise guidance as you navigate the custody proceedings.

Our Hilliard child custody & visitation lawyers at Dailey Law Offices has handled thousands of child custody cases across Franklin County family courts, and is proud to bring that family law experience and skill to each and every client our law firm works with.

If you have questions about child custody, reach out to our legal team today! Call Attorney Dailey today to get help with your child custody or visitation case serving Hilliard, Ohio today!


Many family law issues deal with child custody and visitation matters, either during the pendency of a divorce, between parties who have never been married, or with respect to a post-decree matter in which child custody or visitation disputes that arise after an order has already been put in place.
Some family issues that may arise in child custody and visitation are:

  • Emergency custody orders
  • Temporary custody issues
  • Guardianship
  • Adoption
  • And post-decree modification of a shared parenting plan or custody agreement

Child support can become a post-decree issue when there is a change in income of one of the parties.

When determining custody for your child, you and your spouse must come to an agreement regarding the two different types of custody:

  • Legal custody refers to the ability of the parent to make decisions regarding medical care, education, religion, and other matters.
  • Physical custody refers to where the child lives and spends their time.

In Ohio, the parents will then either have joint custody, in which they share the legal and physical responsibilities of the child, or one parent will have sole custody and the other non-custodial parent will have visitation legal rights.

If you and your spouse are unable to come to an agreement regarding these arrangements, the courts in Hillard will decide for you.


Ohio law differentiates parent visitation rights by separating it into parent vs non-parent. Visitation time for parents is referred to as parenting time, whereas non-parent’s is called companionship or visitation rights.

If you are not holding primary custody rights, the court in Ohio may or may not grant you parenting time. Generally, a court would deny visitation if it wasn’t in the child’s best interest.

How Do I File For Visitation Rights in Ohio?

Filing for visitation rights in Ohio involves a structured legal process aimed at ensuring a non-custodial parent or interested party can maintain regular visitation with a child. Here’s a general guide to help you navigate this process effectively:
  • Understanding Ohio Laws: Familiarize yourself with Ohio’s laws regarding visitation rights. Understand the legal framework, requirements, and regulations that will govern your case.
  • Determine Eligibility: Confirm your eligibility to file for visitation rights. Typically, this applies to non-custodial parents, grandparents, or other individuals with a legitimate interest in the child’s well-being.
  • Preparation of Necessary Forms: Obtain the appropriate forms for filing for visitation rights in Ohio. These forms can often be found on the Ohio Supreme Court’s website or at your local courthouse.
  • Complete the Forms Accurately: Fill out the forms completely and accurately, providing all required information and any supporting documentation necessary.
  • Filing the Forms: File the completed forms with the appropriate court. The court will typically be in the county where the child resides.
  • Service of Notice: Serve notice to the custodial parent or legal guardian of the child about the visitation petition. This ensures that all parties involved are aware of the request for visitation rights.
  • Attend Hearings and Mediation: Attend any scheduled court hearings or mediation sessions related to the visitation rights petition. Be prepared to present your case and argue for the visitation rights you are seeking.
  • Court Order Issuance: If an agreement is not reached through mediation or negotiation, the court will issue a visitation order based on the best interests of the child.

It’s essential to consult with our Hilliard child custody attorney throughout this process to ensure you’re taking the appropriate steps and following the correct legal procedures for filing for visitation rights in Ohio.

What Factors Determine Visitation Rights for Parents in Ohio?

The factors used to determine visitation rights for parents in Ohio are include:

  • Both the location of each parents’ homes, and the distance between them.
  • If either parent is residing out of state
  • The overall health & safety of the child
  • The physical and mental well-being of both the parents and the child
  • Age of the child

What Factors Determine Visitation Rights for Non-Parents in Ohio?

A Ohio courthouse may allow visitation rights to any person related to the child, if the following criteria are met:

  • The best interests of the child aren’t broken by the visitation
  • The individual visiting files a motion with the court
  • The court finds that the visiting person has an interest in the welfare of the child

Do I Need a Lawyer for Child Visitation in Hillard, Ohio?

While hiring a child custody lawyer serving Hilliard isn’t a requirement, it can be extremely beneficial.

Here are a few reasons you should seriously consider hiring a child custody lawyer:

  • Your ex has hired legal representation
  • Your case went from simple to complex due to unforeseen events such as your ex accusing you of being “unfit”
  • Your case is now cross jurisdiction due to you or your spouse moving across state lines
  • Your kids may be in danger or your ex is trying to prevent you from having visitation rights

Do not get left behind! Contact our child custody lawyer for an initial consultation!

Is It Hard for a Father to Get Custody in Ohio?

It is not difficult for fathers to get custody in Ohio because the court must treat mothers and fathers equally when considering custody questions.

However, many fathers facing divorce or legal separation in Ohio still worry over whether they have a real chance of gaining custody of their child.

Does a Child Have to Visit a Parent With Visitation Rights in Ohio?

It’s not uncommon for a child to refuse visitation with the non-custodial parent, especially at specific ages.

You may be wondering what age can a child refuse visitation in Ohio.

Children under the age of 18 cannot legally make the decision themselves whether or not to have visitation with their parents.

The only way for children under 18 to not have to go to visitation is for the residential parent to try to get a modification of the custody agreement by going back to family court.

While the best interests of the child are always weighed by the court order, if the judge ruled for the father to get visitation, they will enforce it because they felt it was best for the child.

There is plenty of responsibility that lies on the parent’s shoulders to talk with their children so that they feel more comfortable with their living conditions.


Dailey Law Offices’ experienced and caring child custody lawyer serving Hilliard, understands how precious and important your children are to you.

Our law firm treat all of our child custody and visitation matters with the utmost sensitivity and urgency that we know our clients will demand.

Contact our law firm at (614) 524-4048 to schedule your initial consultation

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I have used Dailey Law for several things over the years. Stephanie is very responsive and ensures that questions are thoroughly answered. I would recommend her to anyone in need of a great attorney.
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M Cousineaux
Stephanie Dailey was referred to me by two of my children who have benefitted from Stephanie's sound legal advice and planning. I feel so much better about our family's future now that we have taken care of all the details of our trust. Stephanie was a great resource for answering all our questions. We like that the Daley Law office is local and we can reach the office and get timely responses to our questions. I would definitely seek out the Dailey Law offices for advice and legal expertise for any of our family's future needs.
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Best go to team if you are looking for dedication, efficiency, professionalism and timeliness. They take the time to listen and follow through on your behalf. Pam is simply the best, and such a great gift to this team and the clients.
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Stephanie Dailey just updated our estate planning documents and we couldn't be happier. She explained every part of every document and provided a check sheet to ensure we properly updated assets. I feel comfortable my loved-ones will feel confident about handling our affairs!
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Absolutely the best experience with a lawyer I’ve ever had. And not just because she’s incredibly professional but because you can tell she genuinely cares, which means she works 10 times as hard as the next guy. 10/10
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Dailey Law Offices was able to assist my husband and I with some estate planning that we had been putting off for quite a while. We were very pleased with how easy the process was and how smoothly they were able to get everything completed from start to finish. We also really liked their office dog, Woody!