Ohio stopped thinking in terms of “child custody” back in the 1990s. Custody implies control and, while the term is still used in general conversation, the legal system uses the term “parenting” to describe decision-making arrangements for children after parents separate and divorce.
Shared parenting is similar to “joint custody”—and it is the default arrangement in Ohio because both parents are actively involved in raising their children. This is seen as providing greater continuity and stability for the child. Absent any proof to the contrary, this default position is deemed in a child’s best interests.
Shared parenting and parenting time arrangements can be complex, though. Here’s what else you need to know if you and your spouse are considering the challenges of co-parenting after separation.
Shared parenting vs sole parenting
In many states, the term “legal custody” is used to describe the decision-making responsibilities of parents after separation and “physical custody” refers to how time with the children is divided.
In Ohio, however, we use “shared parenting” if both parents are actively involved in making decisions that affect their child’s upbringing while “sole residential parenting” means that only one parent has that right.
With shared parenting, both parents are considered a “residential parent and legal custodian” of the child at all times, regardless of where the child is physically located.
Despite the common belief, shared parenting does not necessarily mean a 50/50 division of time. Ohio refers to “parenting time” (rather than “physical custody”) to describe how time is divided between parents and their children. These arrangements can be any configuration regardless of who has the main decision-making authority for the children.
Benefits of shared parenting
How to balance parental rights and responsibilities after a separation or divorce is often one of the primary concerns when relationships end.
Shared parenting is generally seen as serving a child’s best interests and it is often best for parents too. Unless proof is provided to the contrary, this is how a family court judge will rule if asked to do so.
The benefits of shared parenting may include:
- Improved emotional and psychological well-being for children due to the active involvement of both parents in their lives
- Potentially better for the development of the child
- More equitable sharing of responsibilities
- A better way to maintain a family unit
- Potential cost savings and improved work-life balance for parents by dividing responsibilities
What is sole residential parenting in Ohio?
Ohio refers to “sole residential parenting” when one parent has the sole legal authority to make major decisions for the child without input from the other parent.
Sole parenting may be awarded by the court if one or more of the following applies:
- Neither parent proposes an acceptable shared parenting plan.
- The court finds that shared parenting is not plausible.
- The court finds that shared parenting is not in the child’s best interests.
Despite the term “sole residential parenting,” this only refers to which parent makes decisions for the child. The other parent usually retains parental rights and is likely to have continuing and regular contact with the child (“parenting time”) unless that is not possible or deemed to be contrary to the best interests of the child.
Shared parenting plans
If both parents can agree on one proposed shared parenting plan, it is usually simpler and more likely to be approved by the Ohio courts. A plan should typically include comprehensive details about the child’s care, including the following information:
- Living arrangements: details on where the child will live, including during holidays and other special days, and how transportation will be arranged.
- Child support: who will pay child support (and how), as well as how much and how often, as well as any other necessary financial commitments, such as health insurance.
- Arrangements for the child’s medical care: who will pay for medical and dental care, and what decisions will be made about the child’s health.
- Education: where the child will attend school and how key decisions about education will be made.
- How decisions will be made about the child’s religion, extracurricular activities, and other important matters.
For a shared parenting plan to be approved by the Ohio courts, one or both parents need to file a motion for shared parenting and submit a valid shared parenting plan. Provided the plan is deemed to be in the child’s best interests, an order will be issued by a judge. If not, the judge may request changes before the plan is approved.
A seasoned family lawyer in Ohio can help you draft a legally enforceable shared parenting plan if necessary.
If parents cannot agree on a parenting plan even with the help of a mediator or family lawyer, the courts will impose a standard parenting time order according to the circumstances of the case.
Tips for successful shared parenting
Shared parenting arrangements are likely to be more successful if couples:
- Communicate openly and effectively.
- Remain as flexible as possible and are prepared to compromise.
- Remain focused on the best interests of the children.
- Work on a detailed shared parenting plan together, with input from both parents.
- Address how to resolve conflicts upfront as disagreements are likely after a relationship breaks down.
- Engage in mediation or alternative dispute resolution methods if disputes arise.
- Work to overcome any legal challenges with guidance from a qualified family lawyer.
Professional guidance is advisable if you’re having problems agreeing on a shared parenting plan in Ohio.
Contact Nielsen Miller Law today for a 30-minute consultation or call us at 614-505-5555 to discuss your circumstances in detail and to learn how our experience and resources can work for you.
