During separations and divorces in Ohio, spouses and families often refer to “child custody.” This term is no longer used in Ohio legislation and, instead, child custody is referred to as “the allocation of parental rights and responsibilities.”
This term reflects the standard requirement of both parents to participate in raising minor children after a relationship breaks up or goes through a marriage dissolution.
Here are the basics of what you need to know about the allocation of parental rights and responsibilities in Ohio if you are going through a separation or divorce involving children.
Why is the term “child custody” not used in Ohio?
You’ll hear the terms “child custody” and “visitation” outside the courts in Ohio, but it is important to understand the legal terminology that is used within the family law court system.
Some states are moving away from using the term “child custody”, including Ohio.
Our child custody legislation was amended in 1991 to adopt new terminology that better reflected the concepts to which it referred—and emphasize the important role that both parents generally play in raising their children.
The “allocation of parental rights and responsibilities” is considered a more collaborative phrase than “child custody” and recognizes that both parents have a series of rights and responsibilities even when they do not live together. It also distances the role of looking after a child from the criminal process where offenders are “taken into custody.”
Another variation of terminology in Ohio from other states is seen in the use of “parenting time” instead of “visitation.” The latter implies the parent has no more status than a visitor—which is incorrect.
What are the options when allocating parental rights and responsibilities?
Sometimes, after a separation, parents allocate responsibilities between themselves through discussion, negotiation, collaboration, and/or mediation.
The main matters to resolve include who the child primarily resides with, how the other parent can spend adequate time with the child, how decisions concerning the child’s upbringing are made, and how child support will be arranged.
The Ohio family courts may become involved in allocating parental rights and responsibilities if there is an action for divorce, dissolution of the marriage, or legal separation pending and parents cannot resolve issues themselves.
When deciding how to allocate parent rights and responsibilities, the Ohio Revised Code allows judges or magistrates to allocate parental rights and responsibilities in several ways:
- Allocate parental rights and responsibilities between both parents.
- Allocate parental rights to only one parent, who is the residential parent and legal custodian of the child.
- Allocate parent rights and responsibilities to another relative of the child (not the parents).
In some cases, judges may certify the issue for the juvenile court to decide on the allocation of parental rights and responsibilities.
The preference in Ohio is for families to remain as close as possible after the parental relationship breaks down, with both parents playing an active role in their child’s upbringing in a shared parenting arrangement.
Unless the safety and well-being of the child are at risk, judges usually prefer for the child to spend approximately equal time with both parents and for both the mother and father to make major decisions jointly—concerning education, healthcare, religious upbringing, social activities, etc.
What are parenting plans?
Parenting plans usually play an essential role in determining how parents in Ohio collaborate in the best interests of their minor children after they separate.
If the parents can work out a shared parenting plan between them that adequately looks after the child’s physical, emotional, and psychological needs, there’s no need for a judge to allocate parental responsibilities.
When parents with minor children file for divorce, separation, or dissolution of the marriage in Ohio, a sworn statement called a Parenting Proceeding Affidavit must be filed with the court at the same time. This must contain the names and dates of birth of each minor child, amongst other information.
Ultimately, the submission of a legally acceptable shared parenting plan saves the delays, expense, and stress of court hearings and a potential trial. This is generally best for all parties concerned.
If the proposed parenting plan is considered not to be in the best interests of the children by the court, the judge can intervene and make alternative arrangements.
Parenting time in Ohio
Even if it is deemed in the best interests of the child to reside primarily with one parent, the other parent usually retains the right to “parenting” time (previously called “visitation”). The only exceptions are if the parent’s parental rights are temporarily suspended or permanently removed—which generally only happens if the child’s safety is at risk.
What factors are considered when allocating parental rights and responsibilities?
The overriding factor for Ohio courts when allocating the rights and responsibilities of parents is the best interests of the child.
A judge or magistrate will consider the following factors to arrive at the best possible solution for the child:
- The child’s age, maturity, and health (mental and physical)
- The child’s relationship with each parent and other family members
- The child’s home, school, and social life
- The child’s wishes (if mature enough)
- Each parent’s wishes and ability to care for the children
- How willing the parents are to collaborate for the benefit of their child
- The physical and mental health of each parent
- Any history of criminal offenses, violence or substance abuse
- Each parent’s likelihood of moving out of state
Note that factors like race, financial status, religion, sexual orientation, or gender cannot influence a child custody case in Ohio. Instead, the court awards custody to the parent(s) who demonstrate the best possible care for the child—with a preference for the active involvement of both parents if possible.
In making a decision, the court will investigate thoroughly and may request professional evaluations to determine the most appropriate outcome.
Can the allocation of parental responsibilities be modified?
A court order allocating parent rights and responsibilities in Ohio may be modified upon application by one of the parties concerned. To be successful, the applicant should demonstrate how the requested modification is in the best interests of the child.
To schedule a consultation with our experienced Columbus, Ohio child custody attorneys, please call us at 614-505-5555 or contact us online to schedule a confidential consultation.
