CUSTODY

Custody | Family Law Attorneys Serving Butler, Clermont, Hamilton, Warren Counties.


"Each day of our lives we make deposits in the memory banks of our children."
Charles R. Swindoll










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Why Choose Us
  • Experienced In All Courts That Determine Custody 
Our Custody Lawyers have represented mother and fathers seeking custody of their child(ren) in the Hamilton County, Butler County, Clermont County, & Warren County.  

Why Is Hiring A Custody Attorney With Experience In Your Specific County Important?

 Although the Ohio Revised Code specifies what factors a court considers when it makes custody determinations, each county's juvenile court or domestic relations court has its own unique custody delinquency procedures in terms of conducting hearings. For example, an attorney that handles custody cases solely in Hamilton County Juvenile Court may not be the best prepared to handle a Butler County custody matter, since the two courts differ a great deal.  Further, an attorney that has only handled custody matters through divorce proceedings in domestic relations court may not be familiar with custody cases involving unmarried parents, which are addressed in the juvenile court.   Being familiar and knowledgeable with the specific court's local rules and practices saves our clients attorney fees as well as provides our custody clients with a better chance of being awarded custody, shared parenting, parenting time, or any other desired result.

  • In What Court Must I File For Custody, Shared Parenting, or Visitation (aka Parenting Time)?
Which County?

Generally, if any court has previously issued orders regarding the child or children at issue, your custody lawyer must file or request any modification of custody or parenting orders in that court.  The general exception to this rule is a situation involving an allegation that a child is abused, neglected, or is a dependent child.

If no court has ever addressed custody or parenting times, generally, your custody attorney will file your motion for custody or parenting time in the child's home county.

Which Court?

Each county has two courts that hear custody matters; juvenile court and domestic relations court.  

Juvenile Court determines:

  •  Custody and visitation (parenting time) matters involving unmarried parents;
  •  Cases involving abuse, neglect, and dependency allegations.  These cases may be initiated through Children Services or Jobs and Family Services, or may be initiated by a parent or other individual.  If initiated by a parent or other individual and not the children services agency for that county, these may be referred to as "private" abuse, neglect and dependency cases.   In any case involving abuse, neglect, or dependency allegations, the juvenile court will hear the matter.

Domestic Relations Court determines:

  •  Custody and visitation (parenting time) among married parents. This may be through a divorce, dissolution, or legal separation, but may also occur through a post decree motion to modify a prior custody order.  Absent unique circumstances, including abuse, neglect, and dependency allegations, a custody case will remain in domestic relations court if it was originally determined by that court.

  • In What Court's Does The Peck Law Office Have Experience?

We have successfully represented Mothers and Fathers in the following Ohio Courts in cases involving custody, shared parenting, parenting time, and/or grandparent visitation:

Butler County Juvenile Court

Butler County Domestic Relations Court

Clermont County Juvenile Court

Clermont County Domestic Relations Court

Hamilton County Juvenile Court

Hamilton County Domestic Relations Court

Warren County Juvenile Court

Warren County Domestic Relations Court.

  • What Types Of Custody Related Matters Does The Peck Law Office Have Experience?

We have represented clients for the following parenting related matters:

Complaint | Motion for legal custody

Complaint | Motion for shared parenting

Complaint | Motion for parenting time

Complaint | Motion for grandparent companionship rights

Complaint | Motion to establish paternity/parentage

Complaint | Motion to establish child support

Modification of custody

Modification of visitation

Modification of shared parenting plan

Modification of child support

Termination of Shared Parenting

Termination | Restriction of parenting time

Emergency or Ex Parte Orders

Shelter Care Hearings

Complaint Alleging Abuse, Neglect, or Dependency 

Contempt of Parenting Time

Contempt Motions For All Parenting and Child Support Issues

Family Law Child Custody Butler County Ohio
  • We Offer: Evening and Weekend Appointments. 
We understand that you must maintain your employment as well as care for your children. As such, there may be times when 9-5 just isn't possible to speak with an attorney. We are flexible in scheduling so that your responsibilities do not have to take a back seat while you search for the best custody attorney to meet your family law needs.  Further, we encourage many potential custody clients to meet with as many custody attorneys as possible. What is the best custody attorney for one, may not be the best custody attorney for another.

  • We Offer Evening and Weekend Accessibility To Your Attorney After Hiring.  
In the event of an emergency requiring legal assistance, we are available in most circumstances to discuss emergency issues once you have hired this Family Law Office.  This may be through either text messaging or phone call, dependent upon the urgency of your matter and our availability.  In dire and pressing situations, we have taken calls on Christmas Day, Thanksgiving Day and all other important holidays.  Our clients receive our attorney's personal cell number and are free to text 24/7 when needed.

  • We Are Offer An Experienced Custody | Visitation Trial Attorney.  Just being an attorney who has merely "handled" custody cases doesn't mean much.  The bottom line is that any lawyer is legally permitted to represent a father seeking custody of or parenting time with his child.  But just any lawyer is not going to be the best lawyer for a custody matter in Butler County, Hamilton County, Warren County, or Clermont County.  Your child or children deserve(s) a custody attorney who has experience actually going to trial and advocating for his or her clients after mediation or negotiation doesn't resolve a custody dispute.  At this office, contested custody or visitation cases are the norm.  We will advocate and go to trial to protect your child's best interest, whether that be shared parenting or residential custody.  And most importantly, we have ample experience and success in custody trials.

  • We Are Experienced In Father's Custody | Visitation Rights.  
We not only offer representation for Mother's seeking to gain custody.  This office has ample experience in representing unmarried and married fathers.  In Ohio, as you may be experiencing, an unmarried father has little rights to his child absent court ordered rights.  One of the exceptions to this is the right to pay child support, but this is not typically viewed as a "right" by a father who is not permitted to see his child(ren).  If you are a father seeking custody, shared parenting, or visitaiton (parenting time) with your child(ren), call us today. We can help.

  • Experienced In Protecting Your Custody Rights From Modification.  
Once a custody determination is made by a court, or entered into by agreement and filed or adopted by the court, it is not easy to change.  In order to change the custodial order (ie. changing custody from one party to another or terminating a shared parenting plan) there must have been a change of circumstance since the last custodial determination.  A change of circumstance requires that there has been a change in the circumstances of the child(ren) or the residential parent that has a harmful effect on the child(ren).  The key to this is that any change in the circumstances of the non residential parent or custodian is not important.  Rather, something has to have occurred since the last custody determination that adversely impacts the child(ren).  Often, motions filed by a non residential parent may be dismissed or denied fairly early in the case so long as your custody lawyer is knowledgeable as to what legally constitutes a change of circumstance for custody purposes.  This saves our clients money, time, and often places clients in better positions to protect a prior custody order.

  • Affordable Payment Options Are Available.  
We understand that you may not have thousands of dollars at your immediate disposal.  Further, a parent is often served with a complaint for custody or a motion for visitation and must immediately seek the guidance of an experienced custody attorney.  This is not an easy predicament.  We may be able to help.  Depending on the facts of your specific custody matter, we will usually be able to work out a fee schedule that meets your payment ability.  So long as you are employed or will be getting financial assistance for this matter, call us today.  We will be happy to discuss your options.
Father's Custody Visitation Rights

What Does A Court Consider When Determining Custody?


There are generally two types of situations in which a court determines custody between the mother and father of a child or children.  Those are:

1. A court order determining custody was previously ordered and one party is now seeking to modify or terminate that prior custody order.
      • CHANGE OF CIRCUMSTANCE REQUIRED.  In this situation, the moving party must first show that a change of circumstance has occurred since the last custody order occurred.  If it is agreed, or the court determines that there has been a change of circumstance, the court then determines what is in the child(ren)'s best interest.  See below for custody best interest factors in Ohio.
2. Custody has never been determined, therefore, there are no court orders regarding custody and one or both parents have now filed a complaint or motion for custody, shared parenting, or parenting time (visitation).
      • The court must determine what is in the child's best interest.  
Ohio Best Interest Factors For Determining Custody

The court must consider the following factors in deciding what is in the child’s “best interest”:

1) the wishes of each parent;
2) the wishes and concerns of the child;
3) the child’s interaction with the parents, siblings, and other people who impact the child (neighbors, friends, teachers);
4) the child’s adjustment to the home, school and community;
5) the mental and physical health of all persons involved;
6) the parent most likely to honor and facilitate visitation;
7) whether a parent has failed to make ongoing child support payments;
8) whether the custodial parent has willfully denied visitation to the other parent;
9) whether either parent is planning to establish a residence out of state; and
10) whether either parent has abused children or been a perpetrator of domestic violence.
PROTECTING THE BEST INTEREST OF YOUR CHILD EVERY STEP OF THE WAY.  
CALL US TODAY. WE CAN HELP.

Disclaimer:  The information contained in this website is an advertisement only. 
 Information contained on this website is not intended to constitute legal advice.  Each situation is different and legal advice can only be offered to clients of our office.  Without considering all of your circumstances, legal advice cannot be rendered for your situation. This office does not represent that the information contained herein should be used for anyone in their own legal endeavors. 
Do not rely on this information for legal purposes.

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We Have Two Office Locations To Better Suit Our Client's Schedules:
Hamilton: Our Main Office is located at 616 Dayton Street in Hamilton, Ohio 45011.
West Chester Satellite Office : 8080 Beckett Center Drive Suite 112 West Chester, Ohio 45069

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