OHIO

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NPO AFFILIATE | OH

STATE CHAIR: Elizabeth McNeese
STATE VICE-CHAIR: Alexander Haas
WEBSITE: NPO Ohio Facebook Page

Highlights:

In instances of divorce or separation:

  • 92% of those in Ohio believe it is in the child's best interest ... to have as much time as possible with each parent;"

  • 94% of Ohioans expressed a commitment to vote their beliefs being "more likely to vote for a candidate who supports children spending equal or nearly equal time with each parent ...when both parents are fit and willing to be parents."

  • 87% support a change in Ohio law that creates a rebuttable presumption that shared parenting is in the best interest of a child after a parental separation.

  • 60% believe that when there is conflict between parents, awarding sole custody to one parent increases conflict.

  • 90% believe that both parents should have equal rights and responsibilities following divorce or separation.

POSITIVES:

  • None

NEGATIVES: 

  • Ohio's PTA has a high threshold of 90 days.

  • Ohio's PTA has a significant discontinuity (or discontinuities), creating a significant cliff effect or multiple cliff effects.

  • Ohio's PTA doesn't recognize the fixed, duplicated costs involved in shared parenting.

  • Ohio's 10% standard PTA ignores the effects of parenting time and relative parental incomes. It is unique among the states in this respect.

  • Ohio's PTA does not take into account the effect on the payer parent's household.

  • Ohio's PTA inappropriately results in a presumptive child support payment when parental income and parenting time are equal.

2019 NPO Shared Parenting Report Card

WHY DID OHIO RECEIVE A C?

POSITIVES:

  • Ohio statutes require a court to consider issuing a shared parenting order if either parent requests it and submits a parenting plan. If the court determines that a filed shared parenting plan is in the best interest of the children, the court may allocate the parental rights and responsibilities for the care of the children to both parents and issue a shared parenting order requiring the parents to share all or some of the aspects of the physical and legal care of the children in accordance with the approved plan for shared parenting.

  • Ohio statutes mandate consideration of a “friendly parent” factor in determining a child’s best interest. OHIO REV. CODE ANN. § 3109.04

  • Ohio statutes include a policy statement encouraging the sharing between the parents of the rights and responsibilities of raising their children and setting up a task force to make recommendations for improving family statute in Ohio. OHIO REV. CODE ANN. § 3109.04

NEGATIVES: 

  • Ohio has no statutory preference for, or presumption of, shared parenting (joint legal custody and shared physical custody) for temporary or final orders.

  • Ohio statutes do not explicitly provide for shared parenting during temporary orders. Ohio statutes do not mandate that a court award shared parenting even in a case where the court finds that the submitted shared parenting plan is in the best interest of the children. The language of the statute is per- missive (“the court may”) not mandatory (“the court shall”). OHIO REV. CODE ANN. § 3109.04

  • Ohio statute has not been significantly revised in light of the recommendations of the task force set up to reform family law in Ohio. OHIO REV. CODE ANN. § 3109.04

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