Children Need Both Parents: Ohio’s Equal Parenting Bill 2021
By Elizabeth McNeese
To date, there is no specific policy for Ohio on how parent-child relationships are to be viewed or approached when parents separate. There are places in the Ohio Revised Code which state that it’s best for children to have “continued and frequent contact with both parents,” but this falls far short of a clear statement of policy to guide the courts. Further, since most Ohio counties have adopted standard parenting guidelines that follow the every-other-weekend schedule for non-custodial parents, it’s clear that “continued and frequent contact” is insufficient to ensure that children are allowed to fully benefit from the love and guidance of both parents equally after divorce or separation.
By establishing a new Ohio policy that is clear, the “Children Need Both Parents” bill directly states the importance of a continued, full, parent-child relationship, and it assures that the time and responsibility of rearing the children are shared equally to the greatest degree possible. This new policy sets the entire tone for families entering into divorce or separation, as well as for the courts that must allocate those rights and responsibilities, by protecting and preserving the parent-child relationships first and foremost.
When parents file for divorce or separation, this bill requires courts to defer to parental agreement about parenting rights and responsibilities (including parenting time). And courts can only overrule agreeing parents if the parents are proposing something detrimental to the child.
When parents can’t agree, that’s when the presumptions come into play.
This new Ohio bill establishes an equal shared parenting presumption in Ohio, meaning that children will be allowed to continue their relationship with both parents, granting equal time and equal decision-making rights for both parents as long as it’s not detrimental to the children to do so.
These presumptions can only be rebutted and defeated through specific factors identified in the bill and with clear and convincing evidence that the arrangement is detrimental to the child(ren).
If a presumption has been overcome, the court must also provide written findings of facts and conclusions of law for why the presumption(s) were overcome.
The burden of proof is on the parent opposing equality
The presumptions are independent, meaning it’s possible to apply a presumption of equal time without the presumption of equal decision-making responsibility, and vice versa, when appropriate.
The presumptions apply to never married parents, too, when they have an established relationship with the child.
It’s important to note that the bill does not put children in increased danger. Child abuse, neglect, domestic violence are reasons to rebut a presumption. Additionally, the presumption of equality doesn’t apply to parents without an established relationship with the child.
There is also a focus in this bill on encouraging and motivating parents to cooperate on behalf of the child(ren) through “friendly parent” factors:
Courts must encourage parents to submit a jointly filed parenting agreement.
Courts must consider whether a parent intentionally moved away to impede equal parenting time.
Whenever the court must order an unequal arrangement for either time or decision-making responsibility, they must allocate the majority rights or time to the parent who has demonstrated a greater and consistent willingness to cooperate and encourage love, affection, and contact with the other parent.
The court must also consider whether a parent has a demonstrated history of interfering or denying court ordered parenting time
If a parent is found in contempt of court for parenting time interruption/denial, the court must award makeup time for the parent who lost out. Current code says the court may, but doesn’t require them to do so.
If a parent is disruptive and intentionally causes conflict that the court is unable to resolve in an order, and a decision must be made for plan modification, they must give preference to the non-disruptive parent.
Another small but impactful change is related to relocation. Many non-custodial parents are easily erased from their children’s lives when the custodial parent moves away. In this bill, if the residential parent files a notice of intent to move, the court must schedule a hearing if the non-residential parent requests it, to determine the best interest of the child in relation to the parenting time change. Current code states the courts may schedule a hearing but doesn’t require them to. The only exception is when a parent is attempting to move to escape abuse (a provision already in the code). This bill will allow non-residential parents to be heard when their parenting time is being threatened due to a potential relocation of the residential parent.
Finally, while Ohio courts already must determine their own local standard parenting time guidelines, this bill requires their guidelines reflect the state’s new policy and presumptions. It’s still up to the courts to determine how they implement the equal guidelines for holiday schedules, parenting time schedules, etc.
Overall, this is a strong and powerful bill for the State of Ohio. If it passes, it would be a huge win for Ohio families and for the nation as we move toward a more equitable future in shared parenting.
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If you live in Ohio and want to show your support for this landmark piece of legislation click on this link and send your Ohio Rep a message right now!
Elizabeth McNeese is Co-Chair of NPO's Ohio Chapter and co-author of Ohio's Equal Parenting Bill. She is a wife and mother, and resides in South Central Ohio with her family.