Family Law 2024 Comparisons

There are two primary ways for Ohio parties to terminate their marriage: dissolution and divorce. Under both methods, one of the parties must have been a resident of Ohio for at least six months immediately preceding the commencement of the action.

Dissolution

In dissolution proceedings, parties reach out-of-court agreements regarding all issues pertaining to property division, support, and children, if any. The parties then jointly petition the court to adopt these agreements and terminate the marriage. The court will then take testimony from the parties at a final hearing on the dissolution, which will be set no less than 30 days but not more than 90 days after the filing of the petition.

Divorce

Any individual over the age of 18 who has been an Ohio resident for more than six months may file a complaint for divorce. This applies to all marriages, including same-sex marriages. Ohio no longer recognises common law marriage.

Grounds for Divorce

Ohio law provides both no-fault and fault-based grounds for divorce. Parties can obtain a no-fault divorce if they have lived separate and apart from their spouse for at least one year, without cohabitation, or by agreeing they are incompatible. Ohio law also permits a divorce under any of the following fault-based grounds:

• either party had a husband or wife at the time of the marriage;
• wilful absence of the adverse party for more than one year;
• adultery;
• extreme cruelty;
• fraudulent contract;
• gross neglect of duty;
• habitual drunkenness;
• imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint; or,
• either husband or wife procured a divorce outside of the state of Ohio.

Divorce Process

A party initiates divorce proceedings by filing a complaint for divorce. In the Rules of Superintendence, the Supreme Court of Ohio sets forth guidelines for trial courts to dispose of divorce cases with children in 18 months, and divorce cases without children in 12 months of the date of filing. Further timelines for actions pertaining to divorce proceedings are set forth in scheduling orders issued by the court, local rules of court, and the Ohio Rules of Civil Procedure. At minimum, a divorce cannot be granted until at least 42 days have passed from service of the divorce complaint or 28 days after service of a counterclaim.

A complaint for divorce must be served upon the non-filing spouse in accordance with the Ohio Rules of Civil Procedure before a court can grant the divorce. Generally, parties are served via certified mail, commercial carrier, or personal service. If the filing spouse is unable to locate the non-filing spouse, they can also perfect service by publication in a newspaper or posting of the notice of the action in a conspicuous place in the courthouse. A divorce cannot be granted sooner than 28 days after the date of the last publication.

Alternatives Methods to Terminate a Marriage in Ohio

Annulment

In certain circumstances, Ohio parties can obtain an annulment to terminate their marriage. The various grounds for obtaining an annulment fall into two categories, namely grounds when the marriage is void and grounds when the marriage is voidable.

“Void” marriages are marriages that were not valid at the time of marriage. Because of this, there is no conduct that either party can perform to subsequently make the marriage valid. A void marriage occurs when one of the spouses already was legally married to someone else at the time of marriage or if the spouses were close relatives, which could amount to incest.

“Voidable” marriages can be declared void by the court under certain circumstances. Ohio law recognises several voidable grounds for annulment:

• the party seeking the annulment was under the age of 18, unless after attaining that age such party cohabited with the other as husband and wife;
• either party has been adjudicated to be mentally incompetent, unless that party, after being restored to competency, cohabited with the other as husband or wife;
• the consent to the marriage by either spouse was obtained by fraud, unless the party afterwards, with full knowledge of the facts constituting the fraud, cohabited with the other as husband or wife;
• the consent to the marriage of either party was obtained by force, unless the party afterwards cohabited with the other as husband or wife; or
• the marriage between the parties was never consummated although the marriage is otherwise valid.

Like a divorce complaint, the party seeking the annulment must file a complaint with the court, asserting the grounds under which they seek the annulment. The filing party must have been an Ohio resident for six months before filing the action. The statute of limitations for commencing this action depends on the grounds the party is asserting but is generally two years for all grounds except mental incompetency or if the marriage is void.

Legal separation

Another option for Ohio parties is to seek a legal separation from their spouse. Unlike divorce, dissolution, or annulment actions, however, a legal separation does not terminate the parties’ marriage. In a legal separation action, however, the court can issue orders dividing the parties’ property, issuing support (child and spousal), and allocating parental rights and responsibilities.

The process for initiating a legal separation complaint is similar to the process for initiating a complaint for divorce. A party commencing a legal separation action, however, does not need to have been an Ohio resident for six months to initiate the complaint. Instead, in legal separation proceedings, Ohio law only requires that the complaint be filed in the county where the filing party has resided for 90 days prior to filing.

Subject Matter and Personal Jurisdiction

For a divorce action to proceed in Ohio, a court must have subject matter jurisdiction over the action. Ohio courts have subject matter jurisdiction over divorce proceedings so long as the plaintiff has been a resident of the state of Ohio for more than six months preceding the filing of the complaint. To qualify as an Ohio resident, the plaintiff must have lived in Ohio with an intent to remain in the state.

For a court to order a defendant-spouse to divide property or pay spousal support, it must also have personal jurisdiction over the defendant-spouse. While an Ohio court has personal jurisdiction over a defendant-spouse who also lives in Ohio, the defendant-spouse need not be an Ohio resident for an Ohio court to exercise personal jurisdiction over them. If the defendant-spouse resides elsewhere, an Ohio court may exercise personal jurisdiction over the defendant-spouse as long as it does not deprive him or her of their due process rights. Ohio courts have found it appropriate to exercise personal jurisdiction over a non-resident defendant-spouse where the defendant-spouse lived in Ohio during the marital relationship, even if they subsequently left the state.

An Ohio court can issue an order terminating the marriage even if it lacks personal jurisdiction over the defendant-spouse. If it lacks personal jurisdiction over the defendant-spouse, however, it cannot issue any orders that obligate, impose a duty on, or otherwise terminate a right of that spouse. These orders only affect the marital status of the parties.

Contesting Jurisdiction

If the non-filing spouse believes that Ohio lacks subject matter jurisdiction, or personal jurisdiction over them, that spouse can file a motion to dismiss the complaint. If a divorce proceeding is already pending in another jurisdiction, whether in a different state or different country, a party may seek to stay the Ohio action to avoid inconsistent decisions with respect to the same issues, but any such decision to stay proceedings is discretionary.

A party commencing or contesting financial proceedings incident to a divorce may do so in accordance with the procedures outlined in 1.2 Choice of Jurisdiction.

The service requirements for financial proceedings incident to divorce, or in post-decree actions regarding the same, are the same as those for divorce outlined in 1.1 Grounds, Timeline, Service and Process.

Dividing Assets in Divorce

Ohio domestic relations courts are “courts of equity”. This means that Ohio courts are tasked with equitably dividing the parties’ assets in connection with the divorce. To do so, Ohio domestic relations courts must first determine whether assets are “marital” in nature or are the “separate property” of either spouse before allocating the same. In making this determination, Ohio courts presume that all assets owned or acquired by the parties from the date of marriage through to the date of the final hearing are marital.

Separate property includes property that was:

• inherited by only one spouse during the course of the marriage;
• acquired by one spouse prior to the date of the marriage;
• acquired from passive income and appreciation on separate property owned by one spouse during the marriage;
• acquired by one spouse after a decree of legal separation;
• excluded from being considered as marital property by a valid prenuptial or postnuptial agreement;
• compensation to a spouse for the spouse’s pain and suffering related to a personal injury; or,
• gifted after the date of the marriage and that is proven by clear and convincing evidence to have been given to only one spouse.

The burden of proof is on the party claiming a separate property interest in any asset to prove such interest. Parties seeking to assert claims to separate property interests can demonstrate such claims through records that reflect premarital account balances or amounts received as gifts or an inheritance, or other documents evidencing their separate property interests. Ohio law is clear that the commingling of separate property with marital property does not destroy the nature of the separate property, so long as it is traceable. 

After determining whether property is marital or separate, Ohio courts must then divide the property between the spouses. Unless it would be inequitable to do so, Ohio courts generally award a spouse’s separate property to that spouse. Ohio law further creates a presumption that the courts will divide marital property equally, unless it would be inequitable to do so. Financial misconduct or other factors might impact a court’s decision to fashion an unequal, but equitable, property division. The court must make an equitable division of marital property prior to making any award of spousal support as any income received from the assets being retained by either party can be considered when the court determines the appropriateness of a spousal support award. This is especially true when dealing with income-producing assets.

Trusts in Divorce

Sometimes one or more of the parties in a divorce proceeding will have created revocable or irrevocable trusts prior to or during their marriage. Assets held in revocable trusts are divided like any other property, because revocable trusts can be altered pursuant to the terms of the trust, typically during the lifetime of the spouse who created the trust. Irrevocable trusts, conversely, cannot normally be divided. In fact, assets held in irrevocable trusts are often not treated as marital or separate property, due to the fact that the parties have restricted, if any, direct ownership rights to the property held in the trust.

Determination of Spousal Support

Ohio courts have broad discretion to award spousal support in divorce cases. Tasked with determining whether spousal support is “reasonable or appropriate” in a divorce case, judges are required to consider all factors they find to be relevant and equitable in determining the amount and duration of spousal support, including the following:

• the income of the parties from all sources, including income that a party receives from assets divided in the divorce proceeding;
• the relative earning abilities of the parties;
• the ages of the parties and any physical, mental or emotional conditions;
• the retirement benefits of the parties;
• the length of the marriage;
• the extent to which it would be inappropriate for the custodial parent of a minor child to seek employment outside the home;
• the standard of living the parties established during the marriage;
• the relative extent of the parties’ education;
• the relative assets and liabilities of the parties, including court-ordered payments;
• the contribution either party has made to the education, training or earning ability of the other party, including a party’s contribution to the acquisition of a professional degree by the other party;
• the time and expense necessary for the spouse seeking spousal support to acquire education, training or job experience so that the spouse will be qualified to obtain appropriate employment, provided the education, training or job experience, and employment is, in fact, sought;
• the tax consequences, for each party, of an award of spousal support; and,
• whether a party has lost income-production capacity because of that party’s marital responsibilities.

While practitioners often employ maxims when discussing the potential amount and duration of support, such as “one year of support for every three years of marriage”, in practice, if spousal support is not resolved through the agreement of the parties, it will be addressed by the courts on a case-by-case basis. During the pendency of divorce actions, Ohio courts can also order the payment of temporary spousal or child support as necessary to maintain the “status quo” for the duration of the matter.

Modification and Termination of Spousal Support

Ohio domestic relations courts can only modify spousal support obligations if the divorce decree specifically retains jurisdiction for the court to do so. The decree needs to be specific as to whether the court can modify the amount of support, duration of support, or both, in order for the court to have subject matter jurisdiction to modify the same. If a divorce decree is silent with respect to modification of support, an Ohio court cannot modify the amount or duration of spousal support. 

Under Ohio law, spousal support awards terminate upon the death of either party, unless the order specifically indicates otherwise. Spousal support can also terminate upon the remarriage or cohabitation of the party receiving support if the order specifies the same.

Ohio has long recognised the validity of prenuptial agreements and, as of March 2023, has joined 48 other states in recognising the validity of postnuptial agreements.

Prenuptial Agreements

Prenuptial agreements have been determined to be valid and enforceable under Ohio law since 1984. While there is no statute governing prenuptial agreements, Ohio courts have held prenuptial agreements to be binding and enforceable if:

• the agreement must was entered into freely and voluntarily, without fraud, duress, coercion or overreaching;
• there is full financial disclosure by each of the parties of the nature, value and extent of their assets; and,
• the terms of the agreement do not encourage divorce or profiteering by divorce.

Prenuptial agreements cannot include provisions regarding future custody or child support. Similarly, if a prenuptial agreement contains provisions about spousal support in the event of a divorce, the court can evaluate the spousal support award set forth in the agreement at the time of the parties’ divorce. If the spousal support contemplated in the agreement is “unconscionable” at the time of the parties’ divorce, Ohio courts have discretion to award a different spousal support award from the one outlined in the parties’ prenuptial agreement.

Postnuptial Agreements

A postnuptial agreement is a contract entered into between spouses after the date of marriage. Until this year, Ohio law prohibited postnuptial agreements. This meant that married couples could not enter into contracts regarding their obligations to one another unless they also agreed to immediately separate pursuant to the terms of a separation agreement incident to terminating the marriage or obtaining a legal separation. Now, married couples can enter into agreements with one another regarding issues such as property division and spousal support without having to agree to an immediate separation.

Parties may want to enter into postnuptial agreements for various reasons. Some may want to correct an error in a prenuptial agreement. Others may want to clarify the separate property of each spouse, to establish which spouse is responsible for paying off certain debts incurred prior to or during the marriage, and others may want to clarify who retains ownership of pets in the event of a divorce. Postnuptial agreements cannot be used, however, to make decisions related to child custody or child support. Child custody issues are based on the best interests of the child or children, as the court determines them, pursuant to Ohio’s relevant legal codes at the time of divorce.

For postnuptial agreements to be valid and enforceable, parties must ensure that they comply with certain formalities outlined in R.C. 3103.061 and functionally track the requirements for valid prenuptial agreements. Namely, a postnuptial agreement must be: (i) in writing; (ii) signed by both spouses; (iii) entered into freely without fraud, duress, coercion or overreaching; and, (iv) made with full disclosure or with full knowledge and understanding of the nature, value and extent of the other spouse’s property. Like a prenuptial agreement, a postnuptial agreement must also not promote or encourage divorce.

Ohio stopped recognising common law marriage in October 1991 (unless the facts giving rise to a common law marriage occurred entirely prior to October 1991). Because of this, Ohio domestic relations courts lack jurisdiction to divide an unmarried couple’s assets or to issue support orders for unmarried couples. If an unmarried couple jointly owns assets, the couple will need to commence any relevant actions for the division of those assets in the general division of the court of common pleas, or other appropriate court. The court would then divide the assets pursuant to the relevant Ohio law. Similarly, if the unmarried parties entered into a cohabitation agreement outlining the division of assets or other terms in the event of the breakdown of their relationship, the party seeking enforcement of that agreement would need to commence the action in the general division of the court of common pleas in the appropriate county.

As a limited exception to the above, Ohio domestic relations courts can issue civil protection orders for victims of domestic violence cohabiting with an aggressor. As a part of such an order, the court can grant the petitioner-victim exclusive access to property, vehicles, and pets. These orders would not change ownership of the assets, however, and can only be issued for a maximum of five years, unless renewed. Further, unmarried couples with children can seek orders regarding parental rights and responsibilities, as well as child support, from the appropriate court of the county where the child resides.

Enforcing Terms of a Divorce Decree

If a party does not comply with the terms of a divorce decree, or subsequent modification thereof, the injured party may enforce those terms by initiating contempt proceedings against the non-complying party. In such an event, the injured party commences the contempt action by filing a “motion to show cause”, asking the non-complying party to come forth and show why they should not be held in contempt of court for failing to comply with its order. This motion must be properly served on the non-complying party in accordance with the Ohio Rules of Civil Procedure in the same way as an original complaint.

After the non-complying party is served, the court will set a hearing to determine whether the party has complied with the terms of the divorce decree, or not. If the party has not complied, that party may assert a defence explaining why they failed to comply with the court’s order. If the court determines that the non-complying party lacks a valid defence for their failure to comply with the court’s order, the court may order the non-complying party to “purge” their contempt by complying with the court order, or performing other acts (usually paying the aggrieved party’s attorney fees), within a certain period of time. If the non-complying party fails to timely comply with the purge terms, the court may issue a fine or jail sentence for failure to comply with the court’s order. The court may also, in its discretion, award reasonable attorney fees and costs to the party that had to seek the court’s assistance in enforcing the terms of its order. In some instances, these awards of attorney fees and costs is mandatory.

International Enforcement of Child Support Orders

Among the various international treaties that the United States is a party to is the Hague Convention on International Recovery of Child Support and Other Forms of Family Maintenance. As a result, Ohio child-support orders may be enforced in other countries that are also parties to the Convention. Ohio courts may also enforce child-support orders issued by other countries. Ohio courts may review the foreign order, however, before ordering its terms into effect and can modify the same if it determines that the foreign order is not in the best interest of the child.

Public Access to Divorce Records

Under Ohio’s open records law, court proceedings and records are generally accessible to the public. While this also applies to domestic relations matters, many Ohio courts take efforts to limit ease of public access to sensitive documents filed in domestic relations matters. Some courts do not allow documents filed in domestic relations matters to be accessible via the public internet docket. Other courts have specific case-based files to maintain information regarding the parties’ financials, children, or other sensitive information. Dockets pertaining to domestic violence civil protection orders are not available online per federal law.

Additionally, various rules require parties to redact personal identifiers such as social security numbers and other private information, like bank account numbers and children’s names and dates of birth, from public filings. In an effort to further protect children, some courts require minors to only be referred to by their initials in public filings. 

Sealing Court Records

Ultimately, however, despite the court’s efforts to protect a litigant’s privacy, the records remain available to the media and the public at large. Many individuals – particularly public figures – want to “seal” their records to prevent them from being publicly available. Simply being a public figure in Ohio, however, is not enough to permit a court to restrict the records. Upon the filing of a motion by either party, a court can seal records that contain trade secrets, proprietary information, or confidential business records. Parties can similarly agree to confidentiality agreements or protective orders that endeavour to limit public access to documents containing the above-referenced information, or other sensitive information regarding the parties, but whether those records are sealed is ultimately in the court’s discretion. The public nature of divorce proceedings often prompts public figures, and other privacy-conscious individuals, to utilise alternative dispute resolution methods such as mediation or arbitration in lieu of contested, public litigation proceedings.

ADR Processes in Domestic Relations Matters

There exist various ADR models for parties looking to resolve issues pertaining to the termination of their marriage without litigation, including mediation, arbitration, and the collaborative law process.

Mediation

Mediation involves a third-party neutral who assists the parties in attempting to reach an agreement to resolve some or all of the issues related to the termination of their marriage, including property division, spousal support, child support, and provisions pertaining to custody and parenting time schedules with any minor children. Mediation can be court-ordered or pursuant to a private agreement of the parties. Some court-ordered mediation programmes only address issues pertaining to children. Others will address financial issues as well. Court-ordered mediation can occur with a court-employed mediator or with a mediator selected by the parties.

Arbitration

Arbitration is another form of ADR. In arbitration, the parties submit disputed issues to an arbitrator, an impartial third party, chosen by the parties to hear the case and issue a decision. While the arbitration process takes place outside of court, it is similar to a court hearing in that both parties are able to present evidence, including witness testimony. Issues pertaining to child custody and parenting time cannot be arbitrated in Ohio. While arbitration can be costly, many parties prefer arbitration due to the confidential nature of the proceedings and due to the fact that they can generally receive a conclusive decision much more quickly than they could in traditional litigation.

Collaborative law process

The collaborative law process is another ADR model that endeavours to resolve disputes in a manner that aligns with the parties’ interests and goals. Collaborative law advocates often believe that better results can be obtained by seeking mutually beneficial outcomes in a process that focuses upon the interests of the parties and their children rather than by focusing on the way a judge might rule on a case or particular issue. In the event the parties do not reach resolution through the collaborative process, the attorneys representing each spouse must withdraw and the parties must retain new attorneys to litigate the unresolved issues. The mandatory withdrawal provision endeavours to incentivise the parties and counsel to resolve all outstanding issues pertaining to their matter.

Enforcement of agreements

If an ADR process results in the settlement of one or more issues in a case, the terms of the agreement are reduced to writing in a parenting plan, separation agreement, or other relevant document. The parties can then petition the court to adopt complete agreements in connection with a petition for dissolution or partial agreements in connection with divorce proceedings. Once these agreements are adopted as orders of the court, a party can seek enforcement of the terms of the order in accordance with the procedures outlined in 2.7 Enforcement.

Jurisdiction in Parenting Proceedings

Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Ohio courts generally only have jurisdiction to issue orders pertaining to custody or parenting time for a child if Ohio is the child’s “home state”, meaning that the child lived in Ohio for six months immediately preceding the filing of the complaint. If the child does not have a “home state”, the state where the child has the most substantial connection shall have initial custody jurisdiction. If the “home state” has declined to exercise jurisdiction because Ohio is the more appropriate forum, Ohio would then have jurisdiction over the child.

In the event of a dispute over which state has jurisdiction to issue an order pertaining to custody and parenting time, the court will conduct a fact-based analysis, considering factors such as the amount of time the child spent in each state, where the child’s school and doctors are located, and where the children participate in extracurricular activities and social events. “Home state” does not need to be a state of the United States. A foreign country can be a child’s home state under the UCCJEA.

Allocating Parental Rights and Responsibilities

In the event that the parents are unable to reach an agreement regarding parental rights and responsibilities pertaining to a child, the parties will submit the issue to the court. The court that will hear the matter depends on the marital status of the parties. A domestic relations court will decide the parenting time schedule and living arrangements for parents terminating their marriage. Typically, a juvenile court will decide the parenting time schedule and living arrangements for parents who have never been married. 

In issuing an order allocating parental rights and responsibilities, and setting forth a parenting time schedule, the court must conduct a “best interest” analysis, considering factors such as:

• the wishes of the parents;
• how well the child interacts with the parents, siblings, and others;
• how well the child adjusts to each parent’s home, community and school;
• the mental and physical health of the child and parents;
• which parent is more likely to honour and facilitate court-approved parenting time;
• whether a parent failed to make all the child-support payments they were required to make pursuant to a court order;
• whether a parent or household member has been convicted of abuse or neglect;
• whether a parent has willfully denied the other parent’s visitation rights pursuant to a court order; and
• whether a parent is planning to establish a residence outside the state.

The court will then issue an order regarding who has the ability to make decisions on behalf of the child with respect to issues of education, religion, medical treatment and extracurricular activities, as well as a parenting time schedule. “Shared parenting” means that the parties can jointly make custodial decisions; “sole custody” means that one party has decision-making authority with respect to the above-referenced issues. The court will also have to select a parent to be “residential parent for purposes of public-school enrollment”, if the parties are otherwise unable to agree. This is the parent in whose public school district the child will attend school. The court will also have to issue a parenting time schedule that is in the child’s best interest. The custodial decision-making authority and parenting time schedule can mirror one another, but do not have to. For example, a court can order an equal parenting schedule, like a week-on/week-off, even if one parent has sole custody.

Child Support

For parties with a combined gross income below USD336,000 per year, Ohio law requires child support calculated under the child-support guidelines. These guidelines are basic support schedules that arrive at a support obligation based on the number of children and the combined gross income of the parents, as well as other factors, including costs of healthcare insurance, childcare costs, and number of overnights the child spends with each parent. Support calculated under the guidelines is rebuttably presumed to be correct.

For parties with combined gross incomes in excess of USD336,000 per year, Ohio courts are tasked with determining a child-support obligation on a “case-by-case” basis considering “the needs and standard of living of the children who are the subject of the child-support order and the parents”. “Gross income” under the statute is quite broad and means “income from all sources”, with some limited exceptions.

Duration of Child Support

Parents are required to support their children until a child turns 18, or graduates from high school, but no later than the child turning 19. A court can extend parents’ obligations to support their child until after the age of 19 if the child is mentally or physically disabled and is incapable of supporting or maintaining themself.

Modification of Child Support

A party can seek to modify child support if there has been a substantial change in circumstances in the income or circumstances of one or both of the parties or the subject children. For instance, if one party obtains a new job with significantly higher compensation, or conversely loses their job as a result of a disability, they can move the court to modify their support obligation.

Orders Regarding Custodial Decision-Making

When parties are unable to agree about decisions of importance regarding their child’s upbringing, the court will decide which parent can make decisions on behalf of the child with respect to the child’s schooling, medical treatment, religion, and participation in extracurricular activities. The court can decide that it is in the best interest of the child for both parents to be involved in this decision-making. Conversely, the court can award decision-making authority regarding these issues to one parent or can split the authority to make the decisions regarding the above-referenced issues between the parents.

Court’s Treatment of Parental Alienation

The court must conduct an evaluation of the child’s best interests in making any determination regarding custody or parenting time. As part of this best-interest determination, the court will consider a parent’s compliance with parenting-time orders issued by the court and a parent’s willingness to facilitate the relationship and parenting time of the other parent. While awareness of parental alienation continues to spread across the state, the courts widely vary in their treatment of cases where there are allegations of parental alienation.

Children Providing Evidence

As part of its best-interest determination in any matter regarding custody or parenting time, the court must consider the wishes and concerns of the child if the court finds the child has sufficient reasoning ability. The court is not required, however, to issue an order that reflects the child’s wishes if the court determines that such wishes are not in the child’s best interest.

While it is very rare for children to testify in open court in Ohio, there are various ways a child’s wishes and concerns are presented to the court. At the request of either party, or in the court’s discretion, the court can order an in-camera interview or appoint a guardian ad litem. If a court wishes to hear directly from a child, it typically does so through an in-camera interview, a private interview between the judge and child outside of the courtroom. The court may also appoint a guardian ad litem to make a recommendation regarding a child’s best interests. As a part of the guardian’s investigation, they are required to, at minimum, conduct interviews with the child, the parents, and other relevant individuals, observe the child at each parent’s residence, and review school and health records. A guardian ad litem’s investigation can pertain to all matters pertaining to custody and parenting time or can be limited to a specific topic.

Information regarding ADR in child-related proceedings is outlined in 2.9 Alternative Dispute Resolution (ADR).

Information regarding media access and anonymity in child-related proceedings is outlined in 2.8 Media Access and Transparency.