Ohio Divorce Start Your Divorce Find Professionals Ohio Articles Divorce Facts Divorce Grounds Residency Divorce Laws Property Division Alimony Child Custody Child Support Divorce Forms Grandparent Rights Forum Ohio Products Divorce by County
FAQs About Ohio Parental Rights
Ohio no longer uses the term "custody." Instead, Ohio courts "allocate the parental rights and responsibilities for the care of the minor children of the marriage." When making the allocation of the parental rights and responsibilities for the care of the children, the court must take into account that which would be in the best interest of the children.
How are parental rights and responsibilities allocated?
The court may allocate the parental rights and responsibilities for the care of the children in either of the following ways:
1. it may allocate the parental rights and responsibilities for the care of the children primarily to one of the parents, designating that parent as the "residential parent" and the legal custodian of the child, and divide between the parents the other rights and responsibilities for the care of the children, including, but not limited to, the responsibility to provide support for the children and the right of the parent who is not the residential parent to have continuing contact with the children; or
2. the court may allocate the parental rights and responsibilities for the care of the children to both parents and issue a "shared parenting" order requiring the parents to share all or some of the aspects of the physical and legal care of the children in accordance with the approved plan for shared parenting. In a shared parenting situation, each parent, regardless of where the child is physically located or with whom the child is residing at a particular point in time, as specified in the order, is the "residential parent," the "residential parent and legal custodian," or the "custodial parent" of the child.
What is "shared parenting?
" Shared parenting is the term Ohio uses for what is sometimes commonly known as "joint custody." The court may allocate the parental rights and responsibilities for the care of the children to both parents and issue a shared parenting order requiring the parents to share all or some of the aspects of the physical and legal care of the children in accordance with the approved plan for shared parenting. It does not necessarily mean an equal, 50/50 division of time with the children, child support or any other of the issues dealing with the children.
How does the court determine what is in the "best interest of a child" when allocating parental rights and responsibilities?
In determining the best interest of a child the court considers all relevant factors, including, but not limited to:
To assist the court in making these determinations, prior to trial, the court may order an investigation to be made as to the character, family relations, past conduct, earning ability, and financial worth of each parent and may order the parents and their minor children to submit to medical, psychological, and psychiatric examinations.
How does the court determine if it is going to grant shared parenting?
If at least one parent requests that the court grant shared parenting the requesting parent must submit a proposed shared parenting plan which must include proposed provisions covering all factors that are relevant to the care of the children, including, but not limited to, provisions covering factors such as physical living arrangements, child support obligations, provision for the children’s medical and dental care, school placement, and the parent with which the children will be physically located during legal holidays, school holidays, and other days of special importance. The court can order the parent not requesting shared parenting to submit a proposed parenting plan. If both parties agree on shared parenting, they can submit a joint shared parenting plan.
The court must then review the proposed plan or plans and determine whether shared parenting is in the best interests of the child or children and if so whether which plan or plans submitted is in the best interest of the child. Modifications may be made to the plan if ordered by the court.
When determining whether shared parenting is in the best interests of the child or children the court must take into consideration all of the factors listed in the FAQ above plus, the court shall consider:
Can an allocation of parental rights and responsibilities be modified?
The court shall not modify a prior decree allocating parental rights and responsibilities for the care of children unless it finds, based on facts that have arisen since the prior decree or that were unknown to the court at the time of the prior decree, that a change has occurred in the circumstances of the child, his/her residential parent, or either of the parents subject to a shared parenting decree, and that the modification is necessary to serve the best interest of the child. In applying these standards, the court shall retain the residential parent designated by the prior decree or the prior shared parenting decree, unless a modification is in the best interest of the child and one of the following applies:
Anyone filing a complaint for divorce must be an Ohio resident for at least six months and a resident of the county for 90 days.
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
|Your Right to Child Custody, Visitation & Support
Cover Price: $
Your Price: $17.95
You Save: $7.00
"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
|The information contained on this page is not to be considered legal advice. This website is not a substitute for a lawyer and a lawyer should always be consulted in regards to any legal matters. Divorce Source, Inc. is also not a referral service and does not endorse or recommend any third party individuals, companies, and/or services. Divorce Source, Inc. has made no judgment as to the qualifications, expertise or credentials of any participating professionals. Read our Terms & Conditions.|