Ohio would join only Arkansas and Kentucky as states with a law establishing automatic equal shared parenting time.
Ohio House introduces HB14 to establish automatic 50-50 Child Custody, but is this in the best interest of the child?
A separation or divorce is a highly stressful and emotional experience for everyone involved, but for children, it can often be traumatic. Children are often left feeling shocked, angry, uncertain, or even guilty. These are all totally normal reactions. In response to these natural emotions, one of the best things parents and courts can do throughout divorce proceedings is consider the best interests of their children in regard to custody and residential parenting decisions.
In most jurisdictions, including Ohio, the “best interest” of the child standard is the basis for most custody decisions. The purpose of this standard is to safeguard a child’s mental, emotional, and physical well-being by ensuring the parents can provide the best upbringing for the child. Judges utilize this “best interests” standard when making decisions regarding custody arrangements.
Despite this long-standing best interest of the child standard, the Ohio House has recently introduced HB14 to establish automatic 50-50 child custody from the start of the case. This bill shifts the focus from what is best for the children to essentially a parents’ rights argument. It would automatically allow 50/50 joint custody initially to each parent in a divorce or custody dispute. The presumption of equal parenting would strip judicial discretion from the Judge and would ignore practical considerations of custody determinations. While the bill does provide that a Motion can be filed to overcome the 50/50 presumption, the language is vague and also requires the movant to prove by “clear and convincing evidence” that equal parenting time should not be Ordered. That would create more litigation and at a cost many parties may not be able to afford.
Ohio Domestic Violence Network Opposes New Proposed Shared Parenting Time Bill HB14
In many cases, a 50/50 shared parenting arrangement is in the children’s best interest. But not in all cases. While 50-50 custody offers certain benefits, it also has significant downsides that may negatively affect the child’s well-being. Despite the bill’s seemingly positive purpose to help prevent parental alienation, the proposed legislation would be detrimental in homes with a parent struggling with drug and alcohol addiction or abuse and neglect problems. The Ohio Domestic Violence Network believes that the general principles of the bill will be especially harmful to children and survivors of domestic violence.
In divorce proceedings, courts are faced with fact-sensitive inquiries that they must consider. They must carefully evaluate each unique situation and tailor the outcome appropriately depending on the circumstances. In my opinion as a practicing divorce lawyer for more than 40 years, mandating equal division of parenting time ignores the reality of child abuse, domestic violence, sexual offenses, and other unfortunate realities of life. Judges should have discretionary power to act according to the dictates of their own judgment, the children’s “best interests” and in accordance with established legal principles.
HB508 vs. HB14
The proposed Ohio bill strips away the “best interest” analysis of the child’s welfare and the court’s discretion to determine what is best for the child on a case-by-case basis. I posted a blog article on this topic on March 13, 2021, discussing HB508 (which was very similar to this bill) that was opposed by more than 90 legal, child and family focused organizations across Ohio. Click here to read it. It also has a good discussion of the present “best interest” factors which the Court must presently consider in determining residential parent/custody status.
By signing the bill into law as presently drafted, Ohio would join only Arkansas and Kentucky as states with a law establishing automatic equal shared parenting time. The bill is currently awaiting additional hearings in the House Families and Aging Committee.
Click here to read HB14.
PUBLISHER’S NOTE:
I want to thank McKenna Hinkebein, who is externing with us this semester, for brainstorming with me and helping write this article. She will be graduating from The University School of Law next May. Well done McKenna! Great to be working with you this summer.
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Attorney Robert “Chip” Mues has been focusing his legal practice throughout Southwest Ohio primarily in divorce and family law matters since 1978. Chip is passionate about family law and has proudly published the Ohio Family Law Blog since 2007. In addition, he is the managing partner of Holzfaster, Cecil, McKnight & Mues. To learn more about him or the law firm, visit the firm’s website at www.hcmmlaw.com. Appointments are available in person, over the phone or by Zoom. Call us at 937 293-2141.
