After parents divorce or part ways, the issue of the “allocation of parental rights and responsibilities” will need to be determined. Children come first. Ohio understands that every parenting situation is unique, but that you can’t be a parent without a child.
When parents make adult level decisions on changes to their life that require court interaction, such as terminating their marriage to one another or a never-married father’s desire to secure holidays with his children, the court system becomes involved so that the children remain a significant and important part of the resulting changes. This decision establishes how major decisions are made about a child’s life, where the child will primarily live, and who will care for the child day to day. When parents cannot reach an agreement on their own, a court will step in and render a determination based on the best interests of the child.
Key Takeaways
- Ohio uses the phrase “allocation of parental rights and responsibilities” instead of “custody”: to move away from language associated with ownership or control and to keep the focus on the child’s best interests, whether those rights and responsibilities are allocated to one parent or shared between both.
- When parents cannot agree on an arrangement themselves, judicial intervention may be necessary. Courts make determinations regarding the allocation of parental rights and responsibilities based on the “best interests of the child.”
- When determining the allocation of parental rights and responsibilities, courts evaluate numerous factors, including the child’s adjustment to their home and school, the ability of the parents to facilitate parenting time, and any history of abuse, neglect, or domestic violence.
What is the Allocation of Parental Rights and Responsibilities?
Under Ohio law, child custody is referred to as “the allocation of parental rights and responsibilities.” This term has been used since 1991 to more accurately reflect the concepts with which they are associated and recognize the role of both parents in raising a child. While “custody” is a word commonly associated with criminal law, the Ohio legislature ultimately determined that changing the term would eventually redefine people’s attitudes about parenting after divorce or separation by placing a focus on shared parental responsibility.
As perceptions changed, the law changed with it, and now determinations as to the major decisions affecting children’s lives, including where they live and who cares for them on a daily basis are decided either jointly by the parents of those children or, ultimately, by the courts, for those times when the parents cannot agree. These courts are mandated by law to determine in what way are the children’s best interests expressed and then render a decision that represents those circumstances, which may not actually represent what is best for the parents.
How Can Parental Rights and Responsibilities Be Allocated?
There are several arrangements that courts can implement when it comes to allocating parental rights and responsibilities.
A court may allocate parental rights and responsibilities solely to one parent, designating that parent as the child’s residential parent and legal custodian. This arrangement is called “sole custody” in other jurisdictions. Even so, the parent who is not the residential parent and legal custodian would still have the responsibility of providing financial support and the right to continuing contact with the child, unless the court determines otherwise.
Another option that a court may consider is “shared parenting.” This means that both parents share all or some aspects of the child’s upbringing. In other jurisdictions, this is referred to as “joint custody”. Either or both parents can request shared parenting. The parent who files the request in court must also submit a shared parenting plan that covers all factors related to the child’s care. A judge may only approve one plan and incorporate it into the shared parenting decree.
In limited circumstances, if neither parent can appropriately care for the child and it is not in the child’s best interests to designate either as the residential parent and legal custodian, a relative may be given the legal responsibilities of raising the child.
A note for unmarried parents: if a child’s parents were never married, Ohio law automatically designates the mother as the child’s sole residential parent and legal custodian unless and until a court issues an order stating otherwise. An unmarried father who wishes to establish parenting time or a share of parental rights and responsibilities must first establish paternity, then petition the court for an allocation.
What Factors Do Courts Look at to Determine the Allocation of Parental Rights and Responsibilities?
Courts always prefer parents to decide their parenting arrangements between themselves, but this is not always possible. In situations where the parties are contentious or cannot communicate effectively, a judge may need to decide the outcome. When determining the allocation of parental rights and responsibilities, the court must consider the best interests of the child first and foremost. Ohio law lists specific factors that must be evaluated when allocating parental rights and responsibilities, including the following:
- The parents’ wishes
- The child’s wishes if they were interviewed in chambers
- The child’s interaction and relationship with parents, siblings, and others who may impact the child’s best interests
- The child’s adjustment to home, school, and their community
- The mental and physical health of all persons involved
- Which parent is more likely to honor and facilitate court-approved parenting time rights
- Whether the residential parent has continuously and willfully denied parenting time to the other
- Whether either parent has failed to make child support payments
- Whether either parent has been convicted of a criminal offense that resulted in a child being abused or neglected
- Whether either parent has been convicted of domestic violence
- Whether there is reason to believe either parent has acted in a manner resulting in a child being abused or neglected
- Whether either parent has a residence outside Ohio
In cases involving shared parenting, a court must consider the above factors, in addition to the parents’ ability to make joint decisions and encourage sharing love and affection toward the other parent by the child. A judge would also assess whether there was any history of child abuse or parental kidnapping, the parents’ geographic proximity to each other, and the guardian ad litem’s recommendations.
Notably, under legislation passed in December 2023, a parent’s use or possession of cannabis cannot be used as a primary basis for determining the allocation of parental rights and responsibilities. Another law enacted in 2024 prohibits denying parental rights and responsibilities to a parent based solely on their decision to raise the child in a manner consistent with the child’s biological sex or declining to consent to the child receiving gender transition services.
Can an Allocation of Parental Rights and Responsibilities be changed?
Yes. An existing allocation isn’t necessarily permanent. A parent may ask the Court to modify a prior order, and the court will consider whether there has been a change in circumstances since the prior order and whether a modification would serve the child’s best interests. The standard and the process differ whether the existing order is a shared parenting decree or is a sole allocation decree, so it is worth discussing your specific situation with competent counsel.
Frequently Asked Questions
Is Ohio a 50/50 custody state?
No. Ohio law does not require equal parenting time. Shared parenting means both parents share decision-making authority, but the actual schedule is based on what serves the child’s best interests and can look very different from family to family.
What’s the difference between “sole custody” and “shared parenting” in Ohio?
Under a sole allocation, one parent is named the residential parent and legal custodian and holds primary decision-making authority. Under shared parenting, both parents share some or all of that decision-making authority under a court-approved shared parenting plan.
Can a parenting order be changed later?
Yes. A parent can request a modification if there has been a change in circumstances and the change would serve the child’s best interests. The applicable standard depends on whether the current order is a sole allocation or a shared parenting decree.
Does living outside Ohio affect an allocation of parental rights and responsibilities?
It can. Ohio courts consider whether either parent resides outside the state, and relocation can affect both the initial allocation and any later modification request.
Contact an Experienced Ohio Family Law Attorney
If you are facing an issue concerning the allocation of parental rights and responsibilities, it’s vital to have a knowledgeable family law attorney who can help you navigate the legal process. Located in Green, Ohio, halfway between the Akron and Canton courthouses, Melissa Graham-Hurd & Associates, LLC provides compassionate counsel and trusted representation to clients for a wide range of family law matters and helping to ensure their child’s best interests are met. Whether you need guidance regarding the allocation of parental rights and responsibilities or another family law matter, contact Melissa Graham-Hurd & Associates to schedule a consultation to learn how we can help.
