Many people are familiar with the common family law terms “custody” and “visitation” and what they mean. However, it’s important to be aware that under Ohio law, child custody is officially referred to as the “allocation of parental rights and responsibilities.” Visitation for a parent is called “parenting time.” These terms have been used since 1991 to better reflect the concepts with which they are associated — and to recognize the role both parents should play when it comes to raising their children.
What is Allocation of Parental Rights and Responsibilities?
The allocation of parental rights and responsibilities is the legal term in Ohio for “child custody” between parents. The state changed the term 33 years ago to adhere to the philosophy that changing people’s words will eventually change their attitudes. Critically, criminals are taken into “custody,” not children. “Custody” makes one think of control or ownership, as if children are property. By using the phrase “allocation of parental rights and responsibilities,” parties are reminded that children are people, and the Court views rights and responsibilities of parents in light of the best interests of their child(ren). Likewise, although the term “visitation” is still appropriate to describe companionship between a child and people who are not parents, parents are not visitors in a child’s life – they are parents. The term “visitation” when applied to a parent’s time with a child is insulting and implies that the relationship is less than what it would be as a full parent. Such is absolutely not the case.
The term “allocation of parental rights and responsibilities” replaces the allocation of both “physical” and “legal” custody. It is often best for the parents to decide these issues for themselves, but if they cannot, a judge will make the decision and the parents must follow these court orders or risk being in contempt of court..
Courts may allocate parental rights and responsibilities in either of the following two ways:
- Sole residential parenting — A judge may determine that one parent should be the (one and only) residential parent and legal custodian under one of three circumstances: 1) neither party files a motion for shared parenting; 2) at least one of the parents requests shared parenting but does not file a shared parenting plan; or 3) at least one parent files a motion and shared parenting plan but this plan is not in the best interests of the child. If the child’s parents were never married, Ohio law designates the child’s mother as the child’s sole residential parent and legal custodian, until a court issues an order specifying otherwise.
- Shared parenting — Prior to 1991, this concept was known as “joint custody,” which required the parents to reach a complete agreement on all matters. Since the statute changed, however, shared parenting can be ordered by a judge even when the parents do not agree on all matters. Shared parenting means that both parents share all or some aspects of the child’s legal and physical care. Either or both parents may file a motion to request shared parenting. The requesting parent must also file a proposed shared parenting plan that covers all factors relevant to the child’s care, including physical living arrangements, a parenting schedule, financial support, health insurance, healthcare and educational decision-making, tax dependency allocation, and many other matters. Not only must parents decide where and with whom the child will live, but who will make decisions for them. Notably, the concept of “decision-making responsibilities” addresses which parent will make decisions concerning the child’s medical care, schooling, religious upbringing, and other important matters. If viewed as in the best interests of the child(ren), the Court will adopt the agreement of the parties.
What Factors are Considered for Allocating Parental Rights and Responsibilities?
A court in Ohio will consider all relevant factors when it comes to determining what is in the best interests of the child regarding the allocation of parental rights and responsibilities. Under Ohio law, a judge will evaluate the following:
- The wishes of each parent
- The child’s wishes (if the child has been interviewed in chambers)
- The interaction and interrelationship the child has with parents, siblings, and others who could impact the child’s best interests
- The physical and mental health of the parents and child
- The child’s adjustment to home, school, and community
- Which parent is more likely to honor parenting time rights
- Whether the residential parent has continuously and willfully denied the other parent court-ordered or other parenting time
- Whether either parent has failed to make child support payments
- Whether either parent has been convicted of a criminal offense involving child abuse or neglect
- Whether either parent has been convicted of domestic violence
- Whether there is reason to believe that either parent has acted in a manner that has resulted in a child being neglected or abused
- Whether either parent has or is planning to establish residency outside Ohio
When it comes to shared parenting specifically, courts will not only consider the above, but a judge will also consider a variety of other factors. These can include the parents’ ability to cooperate and make joint decisions, as well as each parent’s ability to encourage their child to love and have contact with the other parent. Other relevant factors include any history of child abuse or domestic violence, the geographical proximity of the parents, and the guardian ad litem’s recommendation.
Contact Experienced Ohio Family Law Attorneys
If you are facing an issue regarding the allocation of parental rights and responsibilities, it’s essential to have a skillful attorney who can guide you through the legal process. Located in Green, Ohio – halfway between the Akron and Canton courthouses – Melissa Graham-Hurd & Associates, LLC provides trusted representation to clients for matters involving parental rights and helps to ensure their child’s best interests are met. Contact Melissa Graham-Hurd and Associates to schedule a consultation to learn how we can help.
