A BILL
To
amend sections 3109.03 and 3109.04 and to enact section 3109.043 of the Revised
Code to ensure that court orders and decrees that allocate parental rights and
responsibilities with respect to the care of and access to children provide for
equality between the parents except where clear and convincing evidence shows
that equal legal and physical access would be harmful to the children
and to provide for better enforcement of shared parenting orders and decrees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
Section 1. That
sections
3109.03 and 3109.04 be amended and section 3109.043 of the Revised Code be
enacted to read as follows:
Sec. 3109.03. When husband and
wife are living separate and apart from each other, or are divorced, and the
question as to the parental rights and responsibilities for the care of their
children and the place of residence and legal custodian of their children is
brought before a court of competent jurisdiction, they shall stand upon an
equality as to the parental rights and responsibilities for the care of their
children and the place of residence and legal custodian of their children, so
far as parenthood is involved.
In
making any order or decree, at any stage of a proceeding, that allocates
parental rights and responsibilities regarding the care of and access to the
children of the parents, a court shall grant equal legal and physical rights to
the parents unless it finds by clear and convincing evidence that equal legal
and physical access would be harmful to the children. Whenever a court makes an
order or decree that does not provide for equal legal and physical access, it
shall explain in writing the reasons for its determination.
Sec. 3109.04. (A) In any divorce,
legal separation, or annulment proceeding and in any proceeding pertaining to
the allocation of parental rights and responsibilities for the care of a child,
upon hearing the testimony of either or both parents and considering any
mediation report filed pursuant to section 3109.052 of the Revised Code and in
accordance with sections 3109.21 to 3109.36 of the Revised Code, the court
shall allocate the parental rights and responsibilities for the care of the
minor children of the marriage. Subject to division (D)(2)
of this section, the court may allocate the parental rights and
responsibilities for the care of the children in either of the following ways:
(1)
If neither parent files a pleading or motion in accordance with division (G) of
this section, if at least one parent files a pleading or motion under that
division but no parent who filed a pleading or motion under that division also
files a plan for shared parenting, or if at least one parent files both a
pleading or motion and a shared equal legal and physical parenting plan under that division but no plan
for shared equal legal and physical parenting is in the best
interest of the children and provides for a substantial an equal allocation of parental rights and
responsibilities for the care of and access to the children, the court, in
a manner consistent with the best interest of the children, shall allocate the
parental rights and responsibilities for the care of the children primarily to
one of the parents, designate that parent as the residential parent and the
legal custodian of the child, and divide between the parents the other rights
and responsibilities for the care of the children, including, but not limited
to, the responsibility to provide support for the children and the right of the
parent who is not the residential parent to have continuing contact with the
children. The the court shall grant
equal legal and physical rights to the parents unless it finds upon clear and
convincing evidence that equal legal and physical access would be harmful to
the children.
(2)
If at least one parent files a pleading or motion in accordance with division
(G) of this section and a plan for equal legal and physical access pursuant
to that division and if a plan for shared parenting is in the best interest
of the children and equal legal and physical access is
approved by the court in accordance with division (D)(1) of this section, the
court may shall allocate the parental rights and responsibilities
for the care of the children to both parents and issue a shared equal
legal and physical access parenting order requiring the parents to share
all or some of the aspects of the physical and legal care of the
children in accordance with the approved plan for shared parenting. If
If the court issues a shared
equal legal and physical access parenting order under this division and
it is necessary for the purpose of receiving public assistance, the court shall
designate which one of the parents' residences is to serve as the child's home.
The This designation shall be for the sole purpose of receiving public
assistance and shall not affect the designation under division (K)(6) of this
section of each parent as the "residential parent," the
"residential parent and legal custodian," or the "custodial
parent" of the child.
The child support
obligations of the parents under a shared equal legal and physical
access parenting order issued under this division shall be determined in
accordance with Chapters 3119., 3121., 3123., and
3125. of the Revised Code and shall give deviations
according to the amount of time each parent has equal legal and physical
access.
(B)(1)
When making the allocation of the parental rights and responsibilities for the
care of the children under this section in an original proceeding or in any
proceeding for modification of a prior order of the court making the
allocation, the court shall take into account that which would be in the best
interest of the children. In ,in
determining the child's best interest for purposes of making its allocation of
the parental rights and responsibilities for the care of the child and for
purposes of resolving any issues related to the making of that allocation, the
court, in its discretion, may and, upon the request of either party, shall
interview in chambers any or all of the involved children regarding their
wishes and concerns with respect to the allocation.
(2)
If the court interviews any child pursuant to division (B)(1)
of this section, all of the following apply:
(a)
The court, in its discretion, may and, upon the written motion of
either parent, shall appoint a guardian ad litem for the child. In the
appointing of a Guardian Ad Litem, at the discretion of the court, the court
shall pay all related expenses for such an appointment. If either party has, by
written motion, requested a Guardian Ad Litem, those costs will be divided
equally between the parties.
(b)
The court first shall determine the reasoning ability of the child. If the
court determines that the child does not have sufficient reasoning ability to
express the child's wishes and concern with respect to the allocation of
parental rights and responsibilities for the care of the child, it shall not
determine the child's wishes and concerns with respect to the allocation. If
the court determines that the child has sufficient reasoning ability to express
the child's wishes or concerns with respect to the allocation, it then shall
determine whether, because of special circumstances exist it
would not be in the best interest of the child to determine the child's wishes
and concerns with respect to the allocation. If the court determines that,
because of special circumstances, it would not be in the best interest of the
child to determine the child's wishes and concerns with respect to the
allocation, it shall not determine the child's wishes and concerns with respect
to the allocation and shall enter its written findings of fact and opinion in
the journal. If the court determines that it would be in the best interests
of the child to determine the child's wishes and concerns with respect to the
allocation, it shall proceed to make that determination.
(c)
The interview shall be conducted in chambers, and no person other than the
child, the child's attorney, the judge, any necessary court personnel, and, in
the judge's discretion, the attorney of each parent shall be permitted to be
present in the chambers during the interview.
(3)
No person shall obtain or attempt to obtain from a child a written or recorded
statement or affidavit setting forth the child's wishes and concerns regarding
the allocation of parental rights and responsibilities concerning the child. No
court, in determining the child's best interest for purposes of making
its allocation of the parental rights and responsibilities for the care of the
child or for purposes of resolving any issues related to the making of that
allocation, shall accept or consider a written or recorded statement or
affidavit that purports to set forth the child's wishes and concerns regarding
those matters.
(C)
Prior to trial, the court may cause an investigation to be made as to the
character, family relations, past conduct, earning ability, and financial worth
of each parent and may order the parents and their minor children to submit to
medical, psychological, and psychiatric examinations. If the court at its
discretion orders medical, psychological, and/or psychiatric examinations of
either party, it shall pay all related expenses for such reports. If either
party files a written motion requesting that the parties submit to medical,
psychological, and psychiatric examinations, those costs will be divided
equally between the parties or taxed to the moving party.
The report of the investigation and
examinations shall be made available to either parent or the parent's counsel
of record not less than five fifteen, upon written request. The report shall be signed by
the investigator, and the investigator shall be subject to cross-examination by
either parent concerning the contents of the report. The court may tax as
costs shall pay all, if appointed at is discretion, or any
part of the expenses for each investigation.
Any
investigation shall be done by an investigator independent of the court.
If
the court determines that either parent previously has been convicted of or
pleaded guilty to any criminal offense involving any act that resulted in a
child being a neglected child, that either parent previously has been
determined to be the perpetrator of the neglectful act that is the basis of an
adjudication that a child is a neglected child, or that there is reason to
believe that either parent has acted in a manner resulting in a child being a
neglected child, the court shall consider that fact against naming that parent
the residential parent and against granting a shared parenting decree. When the
court allocates parental rights and responsibilities for the care of children
or determines whether to grant shared parenting in any proceeding, it shall
consider whether either parent has been convicted of or pleaded guilty to a
violation of section 2919.25 of the Revised Code involving a victim who at the
time of the commission of the offense was a member of the family or household
that is the subject of the proceeding, has been convicted of or pleaded guilty
to any other offense involving a victim who at the time of the commission of
the offense was a member of the family or household that is the subject of the
proceeding and caused physical harm to the victim in the commission of the
offense, or has been determined to be the perpetrator of the abusive act that
is the basis of an adjudication that a child is an abused child. If the court
determines that either parent has been convicted of or pleaded guilty to a
violation of section 2919.25 of the Revised Code involving a victim who at the
time of the commission of the offense was a member of the family or household
that is the subject of the proceeding, has been convicted of or pleaded guilty
to any other offense involving a victim who at the time of the commission of
the offense was a member of the family or household that is the subject of the
proceeding and caused physical harm to the victim in the commission of the
offense, or has been determined to be the perpetrator of the abusive act that
is the basis of an adjudication that a child is an abused child, it may
designate that parent as the residential parent and may issue a shared
parenting decree or order only if it determines that it is in the best interest
of the child to name that parent the residential parent or to issue a shared
parenting decree or order and it makes specific written findings of fact to
support its determination.
(D)(1)(a)
Upon the filing of a pleading or motion by either parent or both parents, in
accordance with division (G) of this section, requesting shared equal
legal and physical access parenting and the filing of a shared equal
legal and physical access parenting plan in accordance with that division,
the court shall comply with division (D)(1)(a)(i), (ii), or (iii) of this section, whichever is
applicable:
(i) If both parents jointly make the request in their
pleadings or jointly file the motion and also jointly file the plan, the court
shall approve the plan review the parents' plan to determine if it is
in the best interest of the children. If the court determines that the plan is
in the best interest of the children, the court shall approve it. If the court
determines that the plan or any part of the plan is not in the best interest of
the children, the court shall require the parents to make appropriate changes
to the plan to meet the court's objections to it. If changes to the plan are
made to meet the court's objections, and if the new plan is in the best
interest of the children, the court shall approve the plan. If changes to the
plan are not made to meet the court's objections, or if the parents attempt to
make changes to the plan to meet the court's objections, but the court
determines that the new plan or any part of the new plan still is not in the
best interest of the children, the court may reject the portion of the parents'
pleadings or deny their motion requesting shared parenting of the children and
proceed as if the request in the pleadings or the motion had not been made. The
court shall not approve a plan under this division unless it determines that
the plan is in the best interest of the children.
(ii)
If each parent makes a request in the parent's pleadings or files a motion and
each also files a separate plan, the court shall review each plan filed to
determine if either is in the best interest of the children. If
the court determines that one of the filed plans provides for substantial
more equality with regard to the rights and responsibilities for the care of
and access to the children and is in the best interest of the
children, the court may shall approve the plan. If the
court determines that neither filed plan provides equal legal and physical
access is in the best interest of the children, the court may order
each parent to submit appropriate changes to the parent's plan or both of the
filed plans to meet the court's objections, or may select one of the filed
plans and order each parent to submit appropriate changes to the selected plan
to meet the court's objections. If changes to the plan or plans are submitted
to meet the court's objections, and if any of the filed plans with the changes
is in the best interest of the children and provides for substantial
equality with regard to equal legal and physical rights and responsibilities
for the care of and access to the children, the court may shall
approve the plan with the changes. If changes to the plan or plans are not
submitted to meet the court's objections, or if the parents submit changes to
the plan or plans to meet the court's objections but the court determines that
none of the filed plans with the submitted changes is in the best interest of
the children and provides for equal legal and physical custody with regard
to rights and responsibilities for the care of and access to the children,
the court may reject the portion of the parents' pleadings or deny their
motions requesting shared parenting of the children and proceed as if the
requests in the pleadings or the motions had not been made. If the court
approves a plan under this division, either as originally filed or with
submitted changes, or if the court rejects the portion of the parents'
pleadings or denies their motions requesting shared parenting under this
division and proceeds as if the requests in the pleadings or the motions had
not been made, the court shall enter in the record of the case findings of fact
and conclusions of law as to the reasons for the approval or the rejection or
denial. Division (D)(1)(b) of this section applies in
relation to the approval or disapproval of a plan under this division.
(iii)
If each parent makes a request in the parent's pleadings or files a motion but
only one parent files a plan, or if only one parent makes a request in the
parent's pleadings or files a motion and also files a plan, the court in the
best interest of the children may order the other parent to file a plan for
shared parenting in accordance with division (G) of this section. The court
shall review each plan filed to determine if any plan is in the best interest
of the children and provides for equality with regard to rights and
responsibilities for the care of and access to the children. If the court determines that one of the filed plans is in the best
interest of the children and provides for equal legal and physical custody
with regard to rights and responsibilities for the care of and access to the
children, the court may shall approve the plan. If the
court determines that no filed plan is in the best interest of the children and
provides for equality with regard to rights and responsibilities for the care
of and access to the children, the court may order each parent to submit
appropriate changes to the parent's plan or both of the filed plans to meet the
court's objections or may select one filed plan and order each parent to submit
appropriate changes to the selected plan to meet the court's objections. If
changes to the plan or plans are submitted to meet the court's objections, and
if any of the filed plans with the changes is in the best interest of the
children and provides for equality with regard to rights and
responsibilities for the care of and access to the children, the court may
shall approve the plan with the changes. If changes to the plan or plans
are not submitted to meet the court's objections, or if the parents submit
changes to the plan or plans to meet the court's objections but the court
determines that none of the filed plans with the submitted changes is in the
best interest of the children and provides for l equality with regard
to rights and responsibilities for the care of and access to the children,
the court may reject the portion of the parents' pleadings or deny the parents'
motion or reject the portion of the parents' pleadings or deny their motions
requesting shared parenting of the children and proceed as if the request or
requests or the motion or motions had not been made. If the court approves a
plan under this division, either as originally filed or with submitted changes,
or if the court rejects the portion of the pleadings or denies the motion or
motions requesting shared parenting under this division and proceeds as if the
request or requests or the motion or motions had not been made, the court shall
enter in the record of the case findings of fact and conclusions of law as to
the reasons for the approval or the rejection or denial. Division (D)(1)(b) of this section applies in relation to the approval
or disapproval of a plan under this division.
(b)
The approval of a plan under division (D)(1)(a)(ii)
or (iii) of this section is discretionary with the court. The court shall
not approve more than one plan under either division (D)(1)(a)(ii) or
(iii) of this section and shall not approve a plan under either division
unless it determines in accordance with division (F)(1) of this section
that the plan is in the best interest of the children. If the court, under
either division, does not determine that any filed plan or any filed plan with
submitted changes is in the best interest of the children and provides for l
equality with regard to rights and responsibilities for the care of and access
to the children, the court shall not approve any plan.
(c)
Whenever possible, the The court shall
require that a shared parenting plan approved under division (D)(1)(a)(i), (ii), or (iii) of this section ensure the
opportunity for both parents to have frequent and continuing contact with the
child, unless frequent and continuing contact with any parent would not be in
the best interest of the child, to the greatest extent possible, that
parental rights and responsibilities for the care of and access to the children
are allocated to the parents on an equal basis unless there is clear and
convincing evidence that such an allocation would be harmful to the children.
(d)
If a court approves a shared parenting plan under division (D)(1)(a)(i), (ii), or (iii) of this section, the approved plan shall
be incorporated into a final shared parenting decree granting the parents the
shared parenting of the children. Any final shared parenting decree shall be
issued at the same time as and shall be appended to the final decree of dissolution,
divorce, annulment, or legal separation arising out of the action out of which
the question of the allocation of parental rights and responsibilities for the
care of the children arose.
No
provisional shared parenting decree shall be issued in relation to any shared
parenting plan approved under division (D)(1)(a)(i),
(ii), or (iii) of this section. A final shared parenting decree issued under
this division has immediate effect as a final decree on the date of its
issuance, subject to modification or termination as authorized by this section.
(2)
If the court finds by clear and convincing evidence, with respect to any
child under eighteen years of age, that it is in the best interest of the child
for neither parent to be designated the residential parent and legal custodian
of the child, it may temporarily commit the child to a relative of the
child or, and it shall certify a copy of its findings, together
with as much of the record and the further information, in narrative form or
otherwise, that it considers necessary or as the juvenile court requests, to
the juvenile court for further proceedings, and, upon the certification, the
juvenile court has exclusive jurisdiction.
(E)(1)(a)
The court shall not modify a prior decree allocating parental rights and
responsibilities for the care of children unless it finds, based on facts that
have arisen since the prior decree or that were unknown to the court at the
time of the prior decree, that a change has occurred in the circumstances of
the child, the child's residential parent, or either of the parents subject
to a shared parenting decree, and that the modification is necessary to
serve the best interest of the child. In applying these standards, the court
shall retain the residential parent designated by the prior decree or the prior
shared parenting decree, unless a modification is in the best interest of the
child and one of the following applies:
(i) The residential parent agrees to a change in the
residential parent or both parents under a shared parenting decree agree to a
change in the designation of residential parent.
(ii)
The child, with the consent of the residential parent or of both parents under
a shared parenting decree, has been integrated into the family of the person
seeking to become the residential parent.
(iii)
The harm likely to be caused by a change of environment is outweighed by the
advantages of the change of environment to the child.
(b)
One or both of the parents under a prior decree allocating parental rights and
responsibilities for the care of children that is not a shared parenting decree
may file a motion requesting that the prior decree be modified to give both
parents shared equal legal and physical custody rights and
responsibilities for the care of the children. The motion shall include both a
request for modification of the prior decree and a request for a shared
parenting order that complies with division (G) of this section. Upon the
filing of the motion, if the court determines that a modification of the prior
decree is authorized under division (E)(1)(a) of this section, the court may
shall modify the prior decree to grant a shared parenting order,
provided that the court shall not modify the prior decree to grant a shared
parenting order unless the court complies with divisions (A) and (D)(1) of this
section and, in accordance with those divisions, approves the submitted shared
parenting plan and determines that shared parenting would be in the best
interest of the children.
(c)
If the court allocates parental rights and responsibilities for the care of and
access to the children under division (E)(1) of this section in an unequal
manner on the grounds that one of the parents is unsuitable for equal legal and
physical custody, the court shall create a plan to allow that parent to remove
said unsuitability. When the unsuitable parent removes some or all of the
grounds for the finding of unsuitability, the court on motion shall modify its
order or decree to provide for equal legal and physical custody..
(2)
In addition to a modification authorized under division (E)(1)
of this section:
(a)
Both parents under a shared parenting decree jointly may modify the terms of
the plan for shared parenting approved by the court and incorporated by it into
the shared parenting decree. Modifications under this division may be made at
any time. The modifications to the plan shall be filed jointly by both parents
with the court, and the court shall include them in the plan, unless they are
not in the best interest of the children. If the modifications are not in the
best interests of the children, the court, in its discretion, may reject the
modifications or make modifications to the proposed modifications or the plan
that are in the best interest of the children. Modifications jointly submitted by
both parents under a shared parenting decree shall be effective, either as
originally filed or as modified by the court, upon their inclusion by the court
in the plan. Modifications to the plan made by the court shall be effective
upon their inclusion by the court in the plan.
(b)
The court may modify the terms of the plan for shared parenting approved by the
court and incorporated by it into the shared parenting decree upon its own
motion a motion by one or both of the parents at any time if the
court determines that the modifications are in the best interest of the
children or upon the request of one or both of the parents under the decree.
Modifications under this division may be made at any time. The court shall not
make any modification to the plan under this division, unless the modification
is in the best interest of the children.
(c)
The court may terminate a prior final shared parenting decree that includes a
shared parenting plan approved under division (D)(1)(a)(i)
of this section upon the request of one or both of the parents or whenever it
determines, by clear and convincing evidence, that shared parenting is
not in the best interest of the children. The court may terminate a prior final
shared parenting decree that includes a shared parenting plan approved under
division (D)(1)(a)(ii) or (iii) of this section if it determines, upon its
own motion or upon the request of one or both parents, that shared
parenting is not in the best interest of the children. If modification of the
terms of the plan for shared parenting approved by the court and incorporated
by it into the final shared parenting decree is attempted under division (E)(2)(a) of this section and the court rejects the
modifications, it may terminate the final shared parenting decree if it
determines that shared parenting is not in the best interest of the children.
(d)
Upon the termination of a prior final shared parenting decree under division (E)(2)(c) of this section, the court shall proceed and issue a
modified decree for the allocation of parental rights and responsibilities for
the care of the children under the standards applicable under divisions (A),
(B), and (C) of this section as if no decree for shared parenting had been
granted and as if no request for shared parenting ever had been made.
(e)
If the court allocates parental rights and responsibilities for the care of and
access to the children under division (E)(2) of this
section in a unequal manner on the ground that one of the parents is unsuitable
for equality, and the unsuitable parent removes some of the grounds for
the finding of unsuitability, the court on motion shall modify its order or
decree to provide for greater equality. Where all of the grounds for the
finding of unsuitability have been removed, the court shall modify its order or
decree to provide for equal legal and physical custody
(F)(1)
In all determinations concerning the allocation of parental rights and
responsibilities for the care of and access to children, there shall be a
presumption that an equal allocation between the parents of rights and
responsibilities for the care of and access to the children is in the best
interest of the children. The court shall not allocate parental rights and
responsibilities for the care of and access to the children in a way that is
not equal in the absence of clear and convincing evidence that an equal
allocation would be harmful to the children. In determining the best
interest of a child pursuant to this section, whether on an original decree
allocating parental rights and responsibilities for the care of children or a
modification of a decree allocating those rights and responsibilities, the
court shall consider all relevant factors, including, but not limited to:
(a)
The wishes of the child's parents regarding the child's care;
(b)
If the court has interviewed the child in chambers pursuant to division (B) of
this section regarding the child's wishes and concerns as to the allocation of
parental rights and responsibilities concerning the child, the wishes and
concerns of the child, as expressed to the court;
(c)
The child's interaction and interrelationship with the child's parents,
siblings, and any other person who may significantly affect the child's best
interest;
(d)
The child's adjustment to the child's home, school, and community;
(e)
The mental and physical health of all persons involved in the situation;
(f)
The parent more likely to honor and facilitate court-approved parenting time
rights or visitation and companionship rights;
(g)
Whether either parent has failed to make all child support payments, including
all arrearages, that are required of that parent pursuant to a child support
order under which that parent is an obligor, and whether that parent had the
ability to pay the support ordered;
(h)
Whether either parent previously has been convicted of or pleaded guilty to any
criminal offense involving any act that resulted in a child being an abused
child or a neglected child; whether either parent, in a case in which a child
has been adjudicated an abused child or a neglected child, previously has been
determined to be the perpetrator of the abusive or neglectful act that is the
basis of an adjudication; whether either parent previously has been convicted
of or pleaded guilty to a violation of section 2919.25 of the Revised Code
involving a victim who at the time of the commission of the offense was a
member of the family or household that is the subject of the current
proceeding; whether either parent previously has been convicted of or pleaded
guilty to any offense involving a victim who at the time of the commission of
the offense was a member of the family or household that is the subject of the
current proceeding and caused physical harm to the victim in the commission of
the offense; and whether there is reason to believe that either parent has
acted in a manner resulting in a child being an abused child or a neglected
child;
(i) Whether the residential parent or one of the parents
subject to a shared parenting decree has continuously and willfully denied the
other parent's right to parenting time in accordance with an order of the
court;
(j)
Whether either parent has established a residence, or is planning to establish
a residence, outside this state.
(2)
In determining whether shared parenting is in the best interest of the
children, the court shall consider all relevant factors, including, but not
limited to, the factors enumerated in division (F)(1) of this section, the
factors enumerated in section 3119.23 of the Revised Code, and all of the
following factors:
(a)
The ability of the parents to cooperate and make decisions jointly, with
respect to the children;
(b)
The ability of each parent to encourage the sharing of love, affection, and
contact between the child and the other parent;
(c)
Any clear and convincing evidentiary history of, or potential for,
child abuse, spouse abuse, other domestic violence, or parental kidnapping by
either parent;
(d)
The geographic proximity of the parents to each other, as the proximity relates
to the practical considerations of shared parenting;
(e)
The recommendation of the guardian ad litem of the child, if the child has a
guardian ad litem.
(3)
When allocating parental rights and responsibilities for the care of children,
the court shall not give preference to a parent because of that parent's
financial status or condition.
(G)
Either parent or both parents of any children may file a pleading or motion
with the court requesting the court to grant both parents shared parental
rights and responsibilities for the care of the children in a proceeding held
pursuant to division (A) of this section. If a pleading or motion requesting shared
equal legal and physical custody parenting is filed, the parent
or parents filing the pleading or motion also shall file with the court a plan
for the exercise of shared equal legal and physical custody parenting
by both parents. If each parent files a pleading or motion requesting shared
parenting equal legal and physical custody but only one parent files
a plan or if only one parent files a pleading or motion requesting shared
parenting equal legal and physical custody and also files a plan,
the other parent as ordered by the court shall file with the court a plan for
the exercise of shared parenting equal legal and physical
custody by both parents. The plan for shared parenting equal
legal and physical custody shall be filed with the petition for dissolution
of marriage, if the question of parental rights and responsibilities for the
care of the children arises out of an action for dissolution of marriage, or,
in other cases, at a time at least thirty days prior to the hearing on the
issue of the parental rights and responsibilities for the care of the children.
A plan for shared parenting equal legal and physical custody shall
include provisions covering all factors that are relevant to the care of the
children, including, but not limited to, provisions covering factors such as
physical living arrangements, child support obligations, provision for the
children's medical and dental care, school placement, and the parent with which
the children will be physically located during legal holidays, school holidays,
and other days of special importance.
(H)
If an appeal is taken from a decision of a court that grants or modifies a
decree allocating parental rights and responsibilities for the care of
children, the court of appeals shall give the case calendar priority and handle
it expeditiously.
(I)
As used in this section, "abused child" has
the same meaning as in section 2151.031 of the Revised Code, and
"neglected child" has the same meaning as in section 2151.03 of the
Revised Code.
(J)
As used in the Revised Code, "shared parenting equal legal and
physical custody " means that the parents share equally in the
legal and physical custody of the child(ren), in the manner set forth in the plan for shared
equal legal and physical parenting
that is approved by the court under division (D)(1) and described in division
(K)(6) of this section, all or some of the aspects of physical and legal
care of their children.
(K)
For purposes of the Revised Code:
(1)
A parent who is granted the care, custody, and control of a child under an
order that was issued pursuant to this section prior to April 11, 1991, and
that does not provide for shared parenting equal legal and physical
custody has "custody of the child" and "care, custody, and
control of the child" under the order, and is the "residential
parent," the "residential parent and legal custodian," or the
"custodial parent" of the child under the order.
(2)
A parent who primarily is allocated the parental rights and responsibilities
for the care of a child and who is designated as the residential parent and
legal custodian of the child under an order that is issued pursuant to this
section on or after April 11, 1991, and that does not provide for shared
parenting has "custody of the child" and "care, custody, and
control of the child" under the order, and is the "residential
parent," the "residential parent and legal custodian," or the
"custodial parent" of the child under the order.
(3)
A parent who is not granted custody of a child under an order that was issued
pursuant to this section prior to April 11, 1991, and that does not provide for
shared parenting is the "parent who is not the residential parent,"
the "parent who is not the residential parent and legal custodian,"
or the "noncustodial parent" of the child under the order.
(4)
A parent who is not primarily allocated the parental rights and
responsibilities for the care of a child and who is not designated as the
residential parent and legal custodian of the child under an order that is
issued pursuant to this section on or after April 11, 1991, and that does not
provide for shared parenting is the "parent who is not the residential
parent," the "parent who is not the residential parent and legal
custodian," or the "noncustodial parent" of the child under the
order.
(5)
Unless the context clearly requires otherwise, if an order is issued by a court
pursuant to this section and the order provides for shared parenting equal
legal and physical custody of a child, both parents have " equal
custody of the child" or " equal care, custody, and control of
the child" under the order, to the extent and in the manner specified in
the order.
(6)
Unless the context clearly requires otherwise and except as otherwise provided
in the order, if an order is issued by a court pursuant to this section and the
order provides for shared equal parenting of a child, each
parent, regardless of where the child is physically located or with whom the
child is residing at a particular point in time, as specified in the order, is
the "residential parent," the "residential parent and legal
custodian," or the "custodial parent" of the child.
(7)
Unless the context clearly requires otherwise and except as otherwise provided
in the order, a designation in the order of a parent as the residential parent
for the purpose of determining the school the child attends, as the custodial
parent for purposes of claiming the child as a dependent pursuant to section
152(e) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26
U.S.C.A. 1, as amended, or as the residential parent for purposes of receiving
public assistance pursuant to division (A)(2) of this section, does not affect
the designation pursuant to division (K)(6) of this section of each parent as
the "residential parent," the "residential parent and legal
custodian," or the "custodial parent" of the child.
3109.043 Temporary custody order while action pending.
In any proceeding pertaining to the allocation of
parental rights and responsibilities for the care of a child, when requested in
the complaint, answer, or counterclaim, or by motion served with the pleading,
upon satisfactory proof by affidavit duly filed with the clerk of the
court, the court, without oral hearing and for good cause shown, may ,shall
while the action is pending, make a temporary order regarding the
allocation of parental rights and responsibilities for the care of the child
while the action is pending with the presumption that equal parenting is in
the best interest of the child(ren) and the court
shall set parenting time as equaly as possible for
both parents unless clear and convincing evedience
can be presented as to the unfitness of either parent or the parents have agred to an alternate schedule.
If a parent and child relationship has not already been
established pursuant to section 3111.02 of the Revised Code, the court may
shall take into consideration when determining whether to award
parenting time, visitation rights, or temporary custody to for a
putative father that whether the putative father is named on the
birth record of the child, the child has the putative father's surname, or a
clear pattern of a parent and child relationship between the child and the
putative father exists. The putative father shall stand as an equal to the
mother in all custody determinations unless clear and convincing evedince can be presentewd as to
the unfitness of either parent.
