Ohio Shared-Parenting Agreement
When the responsibilities of child care are assigned to both parents in a custody case, the state of Ohio refers to this as "shared parenting." In many states, this is referred to as joint custody, but Ohio adopted the term “shared parenting” into its state code in 1991. A shared-parenting plan (also called shared-parenting agreement/order) outlines the terms and conditions in relation to a shared-parenting decision determined in an Ohio court.
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Types of Custody
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There are four types of custody that can be granted by the court. These custody types are legal custody, makes official decisions like school and medical; physical custody, child lives with parent; and sole custody, parent has both physical and legal custody; and joint custody, shared parenting. Joint custody has a variety of meanings. These include shared legal custody and one parent having physical custody, parents share both legal and physical custody, and one parent may have legal rights, while both parents share physical rights.
Conditions of Determination
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At least one parent must request shared parenting by way of motion or pleading. The court shall not make any consideration about shared parenting unless a request is made. If both parents are in agreement with shared custody, individual or shared-parenting plans can be presented to the court. The court also has the ability to request a parent who did not request shared custody to submit a shared parenting plan for review. Once the court evaluates the plan or plans, a determination is rendered. The determination is to be made in the “best interest of the child.”
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Plan Structure
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A shared-parenting plan is to address every aspect of caring for the child or children involved. These provisions include, but are not limited to, obligations for child support, school location/placement, dental/medical care and length of time to be spent with each parent. Provisions for religious/culture upbringing and special activities that the children may participate in are also added to the parenting plan.
Other Details
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The term “shared parenting” is not necessarily intended to mean that parents will have 50/50 division of custodial time between the parents. While some plans grant equal parenting time, others plans allow one parent to have one or two nights a week and alternating weekends visitation rights. A parenting plan can be applied to any schedule as long as parents have scheduled time with the child, and the schedule promotes predictability and stability for the child. The plan is to be specific and include vacations, holidays, birthdays and breaks from school. The court will render its approval or rejection of the plan based on the best interest of the child.
Choosing a Lawyer
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While it is not necessary to hire an attorney to handle custody disputes, it is never a bad idea to solicit the assistance of a legal professional. Custody issues are are emotional and sensitive, so it is a must that you find a lawyer who can handle your case with compassion. You may visit the Ohio State Bar Association website to locate a family law practitioner.
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