Previously my colleague, Anne Shale, posted a very informative article laying out the legal distinctions between sole legal custody and shared parenting in Ohio. Here is the link to her article. Even though it was posted 3 years ago, the information is still correct. Nonetheless, I think it would be helpful to expand, clarify and shoot down several shared parenting myths.
Shared parenting requires an equal parenting time allocation.
Not true. The hallmark of shared parenting is that both mother and father stand on the same legal footing with respect to custody. Each are equal legal custodians of their child(ren). Customarily, there is a provision in the plan that specifies whether mother or father’s city of residence is designated for schooling purposes. But this designation does not carry with it any greater custodial rights. Under a shared parenting arrangement, the actual parenting time allocation can vary anywhere from a 50/50 split to just a few overnights per month for a parent. So don’t just assume that shared parenting can’t be an option just because of the amount of time the child will spend with each parent.
If we have shared parenting, I don’t have to pay support.
Not true. Whether … Read More... “Shared Parenting Misconceptions in Ohio”
The Juvenile Court of Clark County, Ohio awarded custody of the minor child (“CC”) to the paternal grandparents. Mother appealed the decision.
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Once upon a time in Ohio the answer was “yes”. But not any longer. There is much misinformation on the internet about this subject. So, I thought that a review of the child custody laws over the years might be both helpful and interesting. There has been movement away over the years from allowing a child to choose in a divorce which parent to live with. These past “age of election” laws were seen as placing too much pressure on children.
When parents neglect or fail to provide even basic food, shelter, or medical care for their children, we would all agree that Children’s Services needs to step in and remove a child from their parent’s control. If a child’s immediate safety and well being are at risk, we would argue that such a situation must not be allowed to continue.
After years of intense pressure from the United States government and governments of the European Union, the government of Japan recently announced its intention to join the Hague Convention relative to child custody. At the present time, Japan is the only major industrialized country that has not signed the treaty. And, Japan is the only member of the Group of Seven (G-7) leading nations which is not a party to the treaty. The G-7 countries which have adopted the Hague Convention are France, Germany, Italy, the United Kingdom, Canada, and the United States.
On February 6, 2010, I posted an article entitled,