Ohio Bill Would Create Presumption in Favor of Equal Shared Parenting

Traditionally, divorce courts have favored granting child custody to only one parent, giving them most of the parenting time with their children and, often, exclusive right to make decisions for the children, leaving the other parent with only scheduled visitations. The result is often that the children fail to maintain close relationships with the non-custodial parent, which could be contrary to their best interests.

However, if a bill making its way through the Ohio Legislature becomes law, this will no longer be the case. This proposed law creates presumptions in favor of granting parents both equal decision-making rights and responsibilities for, and equal parenting time with, their children.

Each of these presumptions may be rebutted by clear and convincing evidence of all relevant factors, including those the bill specifies the court must consider for each presumption. The party objecting to a presumption has the burden of proof, and if the court agrees, it must issue findings of fact and conclusions of law in support of its decision.

In determining whether the presumption in favor of equal decision-making is overcome, the court must weigh:

• The demonstrated ability of each parent to cooperate with the other and foster love, affection and contact between the child and the other parent
• Any history of abuse, neglect, domestic violence or parental kidnapping
• The mental health of everyone involved
• The recommendation of the child’s guardian ad litem (if any)

If the presumption is rebutted, the court may award most of the decision-making authority to a single parent.

In determining whether the presumption in favor of equal parental time is overcome, the court must consider:

• Any history of abuse, domestic violence or parental kidnapping
• The parents’ geographical proximity to each other
• The child’s wishes and concerns
• The child’s interactions with their family
• The child’s adjustment to their home, school and community
• The mental and physical health of everyone involved
• Whether a parent has continuously and willfully interfered with the other’s parenting time
• Whether either parent lives or will live out of state
• The recommendation of the child’s guardian ad litem (if any)

If the presumption is rebutted, the court should award unequal parenting time and draw up a parenting time schedule consistent with the child’s welfare. If it finds that one parent impermissibly interfered with the other’s parenting time, it should award most of the parenting time to the more cooperative parent, unless doing so is otherwise detrimental to the child.

If the law passes and you want to rebut or defend one of the presumptions, you should retain a child custody attorney to represent you and present the available evidence in your favor and contest the evidence against your preferred outcome.

Mock Law, L.P.A., in Toledo, Ohio, assists clients with child custody and other family law issues. For a consultation, please call 567-200-3573 or contact the firm online.