Should Ohio Pass a New Law Establishing 50/50 Shared Parenting in Divorce Cases?

parenting time divorce

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?

parenting time divorceA 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 … Read More... “Should Ohio Pass a New Law Establishing 50/50 Shared Parenting in Divorce Cases?”

Has Your Ohio Driver’s License Been Suspended in Montgomery County Because Of Missed Child Support Payments? If So, Read this!

Alert Key Legal Update

August is Child Support Awareness Month

child support parents reinstatement programParents in Montgomery County who have had their drivers privileges suspended for not paying child support can take advantage of a special reinstatement program that is being offered during the month of August. August is Child Support Awareness Month, and the Montgomery County Child Support Enforcement Agency is giving parents with suspended licenses an opportunity to have the suspension lifted if the parent pays one month of back support. Usually in order to get the suspension lifted, the parent has to pay 3 months.

During the pandemic, many parents had financial difficulties and fell behind in making payments. Sarah Fields, Montgomery County ‘s Assistant Director for Child Support says, “We know parents want to support their children but may need help figuring out a repayment plan that works for everyone involved. This reinstatement opportunity reopens the lines of communications between CSEA and parents and allow us to work together to find solutions for their children. ” It is not debt forgiveness, but it is an opportunity for parents to get back on track.

The CSEA also offers parents services like co-parenting resources such as mediation, and employment resources. Parents taking advantage of this reinstatement … Read More... “Has Your Ohio Driver’s License Been Suspended in Montgomery County Because Of Missed Child Support Payments? If So, Read this!”

Six Divorce Myths Busted!

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Divorce Myths: Don’t Fall For Inaccurate Information. Be Proactive, Consult With An Experienced Family Law Attorney

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There are a ton of myths and misconceptions surrounding obtaining a divorce. Having practiced family law work for 40+ years, I thought I would try to provide some accurate information and perhaps shatter some of the falsehoods.

Myth #1: Mothers Always Get Custody

Many years ago, this may have been true. But that is not the case now. There is a national trend towards equalizing parenting time as much as possible between the parties. Facts really matter in determining custody! In Ohio, the core principle of determining custody/shared parenting comes down to determining the “best interests” of the children. A lot of fathers get custody and/or equal parenting time under a shared parenting plan.

Myth #2: Only Women Get Spousal Support (Alimony)

This was never really the case. Sure, in the past men were the predominant “bread winners”. Many women earn more money than their husband. There are many factors the Court considers when determining spousal support. The alimony statute in Ohio is gender blind. Gross income plays a large role in that determination. But if the husband is the “financially disadvantaged … Read More... “Six Divorce Myths Busted!”

What Are Co-Parenting and Parallel Parenting Arrangements?

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Parallel Parenting vs. Co-Parenting

Parenting Methods That May Work For You: Co-Parenting and Parallel Parenting

parallel parenting co parenting shared parenting planOhio Courts may designate 1 parent as the sole custodial parent or both as equal residential parents under a shared parenting plan. In a divorce, the statute that establishes that is R.C. § 3109.04. The best interests of the child always are the paramount consideration.

However, there are two other parenting methods in the non-legal world that are important to be aware of in order to be fully informed.

Co-Parenting:

This approach will work best for those parents who act and problem-solve together despite their differences and are no longer living with one another. Typically, these parents are operating under a shared parenting plan.

This approach involves putting the best interest of your child first often by making going between houses a low-stress situation, attending school functions and extra-curricular events with one another, and frequent, detailed communication. Further, their parental interaction is cordial and there is a safe space for conflict resolution in order to keep a level of normalcy for the child. Essentially, a low conflict ideal situation for the kids!

What do you do if your co-parent is no longer willing … Read More... “What Are Co-Parenting and Parallel Parenting Arrangements?”

The Ohio Supreme Court Just Clarified the Standard for Terminating a Share Parenting Plan [LEGAL ALERT]

Alert! Key Legal Update

LEGAL ALERT: Who gets Legal Custody of a Minor Child After Termination of a Shared Parenting Plan? The Ohio Supreme Court Intervenes

ohio supreme court shared parenting planLast week, the Ohio Supreme Court was asked to resolve a conflict between Ohio appeals courts. The difficult question that the Ohio Supreme Court was faced with in Bruns v. Green was whether there must be a change in circumstance in order to designate a parent the residential parent and legal custodian of a minor child after terminating a share-parenting decree.

The Ohio Supreme Court ultimately concluded that a trial court only needs to consider the best interest of the child when deciding whether to terminate a shared parenting plan and which parent to designate as the residential and custodial parent of a minor child.

Facts of Bruns v. Green – Ohio Supreme Court

Marcus Green (“Father”) and Kayleigh Bruns (“Mother”) are the biological parents of one minor child born in 2012. When the parties ended their relationship in 2014, they entered into an Agreed Shared Parenting Plan pursuant to O.R.C. 3109.04, in which the parties agreed to joint residential and legal custody and equal parenting time. The trial court approved the Shared Parenting Plan  and incorporated … Read More... “The Ohio Supreme Court Just Clarified the Standard for Terminating a Share Parenting Plan [LEGAL ALERT]”

SCHOOL RESTARTING CONCERNS? DO YOU LIKE YOUR EX’S SCHOOL DISTRICT’S PLAN FOR YOUR KIDS BETTER THAN YOUR DISTRICT’S?

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Shared Parenting Plan and Covid-19 in Ohio

Keep Your Children Safe – Parents With Shared Parenting Plan May Consider New School District Options

shared parenting plan school districtsCOVID-19 has created havoc for all of us, but parents with school age kids have a whole layer of additional concerns. Of course everyone wants to keep their children healthy and safe. There are a ton of other logistics that they need to consider – work schedules, daycare considerations, and online/homeschooling, to mention just a few.

There are some similar themes in the plans presented by most Dayton area school districts. Most offer both online and some variation of in-person schooling. All schools are developing intense cleaning and disinfecting protocols. However, other than that, each district policies and procedures for reopening can vary greatly. Some schools offer a combination of in school for 2 days, and on line for 3. Others are offering half day sessions, while others are considering on line only for at least the first several weeks.

Study School District Your Child Will Be Attending For Social Distancing, Mask Wearing Policy and Online Learning

Most schools are offering the option of online only, but those procedures vary as well. Some districts have a … Read More... “SCHOOL RESTARTING CONCERNS? DO YOU LIKE YOUR EX’S SCHOOL DISTRICT’S PLAN FOR YOUR KIDS BETTER THAN YOUR DISTRICT’S?”

Blast From The Past: Shared Parenting Misconceptions in Ohio

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S COMMENT: “Confusion still continues about the distinctions between sole custody and shared parenting. An initial consultation typically includes a discussion of this topic if the couple has kids. While shared parenting makes sense in many cases, it sure doesn’t if there has been domestic violence or the parties can’t communicate effectively.”

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.

shared parentingNot 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 … Read More... “Blast From The Past: Shared Parenting Misconceptions in Ohio”

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