A Columbus Ohio Custody Lawyer article about the meaning of residential parent and school placement parent in Ohio.
What does it mean to be the “residential parent“? In Ohio, the answer to this question depends on a couple of things. (Yes, I’m sure you’re shocked that a lawyer answered a question with the phrase “it depends”, but just stay with me here…)
First, the definition of residential parent depends on what type of ORDER the word “residential parent” is included in.
In SHARED PARENTING, both parents are residential parents, and one parent is the school placement parent. The SCHOOL PLACEMENT PARENT is the parent that is the child’s home base. The school placement parent is also the parent who is entitled to receive full guidelines child support unless the court orders a child support deviation. Sometimes attorneys and even the court will tell the parties that the school placement parent is only significant when deciding what school the child will attend. Given that the school placement parent’s home is considered the child’s home, and that the school placement parent is the parent entitled to receive child support, clearly the designation of the school placement parent is more important than which parent attends the highest ranked school district.
In Ohio, cases where there is only one residential parent and no shared parenting decree, the RESIDENTIAL PARENT is the parent who has what is commonly referred to in Ohio as sole custody (or full custody, legal custody. Some states also use the term physical custody.) If one parent is the residential parent, that parent has almost all of the LEGAL RIGHTS regarding the child. They are the decision maker for all major decisions, it is much easier for them to convince a court to allow them to move and more difficult for the other parent to get a child support guidelines deviation.
B says
My soon to be husband and his ex-wife both have “residential parent and legal custodian” of their daughter. She got the residential parent for school purposes only because she lives with her during the week. Is there any way he can remove her from the school she is going to and put her the school district we live in? Seeing how the school is not helping her, education wise.
L says
I am the residential parent for school purposes in my shared parenting agreement. At the time I lived in a different town so I agreed to keep her in her school. I had a situation at home and moved to another town. We both drove her to and from school. I was also not working very often during this time. This past year she was remote Learning because of Covid. Her grades are way better this year, she even completed her entire grade in a few months! Now im working a better full time position that will not allow me to take her to and from school. Her father is saying he doesn’t want to keep her on remote learning. What should I do? I also have a disease with a compromised immune system so I don’t feel its safe to send her back. What are my options?
D says
Both father and I are residential parents but he is school placement parent. Our agreement says we pay half of school fees and that all major decisions must be discussed between us. Does that mean I have a say in where he goes to school? He’s trying to send him to a private or charter school and I’m not sure I can afford it. He’ll be starting kindergarten this fall so we have no clue how he’ll do in the public school setting.
J says
I am the non residential parent in my shared parenting agreement. My daughter is 12 years old and going through a hard time where her father resides. Her father and I both feel it would be better for our daughter to live with me and go to school by my house. How do we go about doing this?
T says
My 17-year-old daughter had lived with her father until three weeks ago in a small town in Ohio. She had requested counseling because she had been depressed because of all the verbal and emotional abuse. I moved to North Carolina where he Dropped her off at my residence. I finally got an order for residential parent. Could he file to have this overturned to force her to visit. I cannot get a attorney in this town to help even answer questions. Can you help
Anonymous says
I have been doing shared parenting with my ex since my daughter was a few months old. I am the school residing parent, can I put her into preschool at age 3? He lives in another state, he moved after shared parenting was established and he lives a good 2 and a half hours away. Can I put her into school without his permission and her reside with me from that point on?
B says
I gained residential custody for school so my son could stay in his school while his mom moved. At the same time she waived receiving child support and I agreed to pay 100% of everything. I make twice as much as her, and now she is unemployed and requesting child support. How will this play out?
D says
If I’m a non-residential parent in another state and mother is giving me permission to have child go to my school district in another state am I allowed to enroll child into Ohio school public school? Never been married have a shared parenting ready to Medina County courts here in Ohio in mother is again residential parent how do I handle this at time of enrollment to public school?
J says
I have shared parenting of my daughter. At the time of my divorce my exwife did have residential parent for school reasons only. On my divorce papers it read this way…myself and ex talked it over and I ended up doing an amendment on my divorce papers ex signed it..I got residential parent for school purpose only. ..Now 8 years later my ex wants it back will the courts entertain this…
Anonymous says
My child’s father and i have 50/50 shared parenting with both of us being residential parent for everything. The courts chose a school district where the children will go to school, so as long as one of us lives in that district he they will go to that school. The father took my children out of public school to homeschool them without my agreement and the school didn’t uphold my righy to drny that, but they approved it anyway. I want to know what i can do to get my sons back into school.
K says
I am the Custodial parent in a shared parenting agreement. My ex and I agreed to allow him to be the residential parent for school purposes only so that our kids could remain in the school district they have grown up in. However, I still have Custody of them. I literally made sure that the agreement stated that simply for the purpose of school registration only. However my kids have a strained relationship with their father & step- mother. They have numerous times expressed that they do not want to go over on his visitation days…. our kids are 12 & 14…. aren’t they old enough to have a say?
Amy says
My ex husband was made residential parent pf our youngest and myself as residental for our oldest, well my oldest graduated 1 yr ago and I’ve had my youngest all summer and he asked his dad (ex husband) if he could come back and live with me… his dads response was I’m done I quit your all hers and since (2weeks ago) he refuses to respond to any calls txts or messages… I need to get my son enrolled ASAP school here starts in 1 week… please advise me on what to do next
M says
I have residential custody but my son wants to attend a school by his father. What do I need to do to have it changed so he has residential custody?
Anonymous says
If there is no order for child support as it was never pursued by the mother, if my husband wanted to get residential custody of one or both of the children, would anyone be forced to pay child support even if the parties did not want it? Also, what age does a child have to be to determine which parent they want to live with? I live in Ohio.
A says
I’m residential parent in shared parenting agreement can her father take her during the school week out of her district or is she suppose to stay with me 5 minutes from her school He’s a good 25 minutes without traffic. This is the first time we lived in the same city not school district. I’m used to having her in a school schedule. Now he wants to break it up I’m not comfortable with it bout don’t understand my rights since our shared parenting agreement was written for a week on a week off when she was one before starting school
J says
My husband currently is named as the residential parent for my step daughter and my step daughter’s mother is the residential parent. My daughter attends school in our district and is in 2nd grade. She lived with us all week last year and only saw her mom on Tuesday evenings and every other weekend. This year her mom wants her week on and off, like we do prior to school. Does the child have to reside with the residential parent if there’s a shared parenting plan and the mom is the custodial parent? The mom lives in another school district. Thank you!
M says
can a parent give residential right to a grandparent
M says
No existing parental agreement, Father in Ohio, mother in B. Son has lived with mother the past 10 years, but would like to try living with his father for one year. What paper needs to be recorded for school placement purposes.
A says
Is this really true:
“The school placement parent is also the parent who is entitled to receive full guidelines child support unless the court orders a child support deviation.”
This is from the above article.
What if the father is the school placement parent, he makes more money that the mother, and both parents live in the same school district. Would the father really be the one to receive child support?
RF says
I’ve searched various sections of our shared parenting laws & have not been able to find out at what age a child can choose which parent he or she would like to live with (in Ohio!).
E says
I have a question. My daughter will be attending kindergarten in about a year. I have full custody AND residential parent. Her dad and i will never live in the same town and most likely always thirty to fourty five minutes apart. He thinks when she starts school he can keep the same schedule we have no ( he gets her on tuesdays overnight and thursdays overnight). Is that the case or since I am residential parent will she stay with me throughout the week since we do not and will not live in the same school district? thanks
Anonymous says
I am the residential parent for school purposes for my high-school freshman. I recently remarried and live with my new wife in a different school district. I have decided to retain my apartment in my child’s current school district for the next few years so that he can continue in the school he likes. What are the requirements for actually physically occupying my apartment (e.g., nights per week) during that time?
Anonymous says
I’m the residential parent for school purposes in a shared parenting order with both of us being residential parents while in our care. Can my ex enroll our child in preschool or am I the only one who can?
Thanks!
K says
I have a question. I have been divorced for 7years and I am the residental parent. I have two children 7 and 9. My ex says his new wife has the right to tell my children they can not talk to me when we are at my sons football game (my ex did not show up). Does she have rights to my children?
D says
My ex & I have Joint Custody w/ Shared parenting. She is listed as residential parent for school. Our oldest son is having issues in his current school. We both have agreed that he should come live with me and change schools for a fresh start. What do we need to do or file to change that and also adjust child support?
Anonymous says
I am the Residential Parent with the other parent having visitation. Therefore, how did my local school district have the authority to have a sit down meeting with the parent with visitation, a guidance counselor and the school pricipal to discuss the possibility of moving the child to another school district? No papers had been filed in court and not change of custody has taken place. The parent with visitation has twice signed papers granting them only visitation.