Subscribe to the RSS Feed

Shared Parenting Ohio

COLUMBUS OHIO SHARED PARENTING ATTORNEYSA Columbus Ohio Shared Parenting Attorney article about shared parenting in Ohio.  

Q. What is shared parenting?

Ohio shared parenting is similar to what other states refer to as joint custody, joint legal custody or joint physical custody. When an Ohio family court  approves a Shared Parenting Plan, both parents have the legal status of being a “residential parent”.

Q. What is the difference between shared parenting and sole custody?
When an Ohio family court enters a Shared Parenting Decree, both parents have the legal status of being a residential parent. When only one parent is the residential parent, the other parent may be awarded parenting time, but does not have the legal status of being a residential parent. In this example, the residential parent has what used to be called sole custody (now called the “residential parent and legal custodian of the child.)” The parent who has parenting time only may have less authority to participate in major decisions effecting the child.

Columbus Ohio Custody Attorneys 50/50 ParentingQ. Do both parties have to request Shared Parenting?
No. At least one party must file a motion requesting the Court enter a Shared Parenting Decree, and at least one party must file a Shared Parenting Plan for the Court’s approval. Unless both parties agree to waive this requirement, the plan MUST BE FILED 30 DAYS PRIOR TO THE FINAL HEARING DATE.   In addition, the court must review the  plan and find that the plan is in the best interest of the children.

Ohio Equal 50/50 Parenting AttorneysQ. If the Ohio family court awards Shared Parenting, does that mean that time with the child will be split 50/50?
No. The division of parenting time can be any division of parenting time that the parties propose and the Court approves. However, when determining an appropriate division of parenting time, it is important to consider the impact of the plan upon the child. A parenting plan that has the children in a different home every night and living out of a suitcase is unlikely to be approved by a Court. A better approach is a plan that maximizes time with each parent and provides stability and predictability for the children.

Columbus Ohio Child Support Shared Parenting AttorneysQ. If the court awards Ohio Shared Parenting, does that automatically mean that neither party pays child support?
No. The same child support worksheet is used to calculate support for sole custody and shared parenting cases. However, if the parties agree to lower child support, and the court approves lower child support, and finds it to be in the best interest of the children, child support may be lower than ohio child support guidelines.

Q. How does the court decide whether shared parenting is in the best interest of the children?
Ohio law requires to court to consider all relevant factors, including, but not limited to, the factors stated in Ohio Revised Code section 3109.04(F)(1)  and all of the following factors:

  1. The ability of the parents to cooperate and make decisions jointly, with respect to the children;
  2. The ability of each parent to encourage the sharing of love, affection, and contact between the child and the other parent;
  3. Any history of, or potential for, child abuse, spouse abuse, other domestic violence, or parental kidnapping by either parent;
  4. The geographic proximity of the parents to each other, as the proximity relates to the practical considerations of shared parenting;
  5. The recommendation of the guardian ad litem of the child, if the child has a guardian ad litem.

Ohio law also states that when a Court is allocating parental rights and responsibilities for the care of children, the Court shall not give preference to a parent because of that parent’s financial status or condition.

Additional information from one of our blog posts:

http://www.cornwell-law.com/07/shared-parenting/

For more information about FATHER’S RIGHTS, see our page regarding FATHER’S RIGHTS IN OHIO.

For more information about MOTHER’S RIGHTS, see our page regarding MOTHER’S RIGHTS.

For more information about GRANDPARENT RIGHTS see our page regarding GRANDPARENTS RIGHTS IN OHIO.

For more information about obtaining CUSTODY OR VISITATION in Ohio, see our post about OHIO CUSTODY.

For more information about DNA testing, see our post regarding DNA TESTING.

For more information about the rights of UNMARRIED PARENTS OR NEVER MARRIED PARENTS, see our post regarding UNMARRIED PARENTS IN OHIO.

For more information about DISSOLUTION, see our page regarding DISSOLUTION IN OHIO.

For more information about DIVORCE, see our page regarding DIVORCE IN OHIO.

DISCLAIMER

Leave a Comment

WARNING!!!!! DO NOT INCLUDE ANY INFORMATION ABOUT YOUR SITUATION, ONLY COMMENTS. COMMENTS AND QUESTIONS WILL NOT BE KEPT CONFIDENTIAL, AND WILL BE POSTED FOR EVERYONE TO SEE. THERE IS NO ATTORNEY-CLIENT RELATIONSHIP FORMED BY POSTING ON THIS BLOG AND NO PRIVACY FOR COMMENTS OR QUESTIONS. QUESTIONS AND COMMENTS POSTED ON THE BLOG WILL NOT BE ANSWERED, BUT IF WE GET ENOUGH QUESTIONS ABOUT THE SAME TOPIC WE MIGHT WRITE AN ARTICLE ON THE TOPIC. OKAY, NOW THAT THE IMPORTANT BLAH, BLAH, BLAH IS DONE, HERE'S THE REST: IF OUR WEBSITE HELPED YOU, WE'D APPRECIATE A SHOUT OUT. GIVE US A LINK, GIVE US A REVIEW, LIKE US ON FACEBOOK, OR TELL A FRIEND. IN FACT, TELL ALL YOUR FRIENDS!

1 K

I am the residential parent in a shared parenting order, can both of us be residential parents for school purposes?

2 R

Question: unmarried parents, mother resides is Perry County, father in Franklin county…..baby is 3 months old. Father is requesting shared parenting at least until the baby starts school (5 years). Some places, I read overnight visitation is not granted until the baby is at least a year. Is this true? If so, the first year is a very important “bonding” period for both mother and father, a court is really okay with the father not visiting their child for a year? A nearly 2 hour drive is a great distance to only get to visit for a few hours ….and even at that where is the father suppose to go to enjoy the visiting time?

3 S

Hi, im a 16 year old mother and me and the father of my child is still together and doing 50/50 vistation, but my father disagres and tries to keep me from seeing or communicating with the father of my child. I have explained to my father that we feel 50/50 vistataion is in the best interest of out daughter and we are going to court to get in settled. My question is, what is the best thing for me to do conserning my child and my rights and the father of my child’s rights?

4 S

If “Both Wife and Husband shall equally share parental rights and resonsibilities of their minor children, however the Husband shall be recognized as the residential parent for school purposes only”, does that mean he is able to move anywhere he feels free to and transfer the children into new school locations without the consent of the Wife?

5 GS

I would to get the paperwork for Clinton county for visitation/shared parenting. also to see if eligible for legal aid. Thank you

6 Anthony

what is the maximum distance that parents can live apart and still be granted shared parenting?

7 C

what rights does a 13 year old in shared parenting?

8 Samantha

In a case where the mother wants the father to care for a child most of the time, but doesn’t want to pay child support, is it okay to file shared custody with the agreement saying that everything should be split equally and no party should pay child support in order for the father to be able to make sure that his child is cared for properly without the mother or doing so without the having to pay child support while caring for the child?