Ohio’s family law landscape is undergoing the most significant proposed shift in decades with the introduction of Senate Bill 174. This comprehensive legislation is designed to modernize how courts determine child custody and approve parenting plans, placing a strong, proactive emphasis on consistent involvement from both parents. For any parent navigating separation, divorce, or seeking to modify an existing order in Athens and Southeastern Ohio, understanding the nuances of SB 174 is essential for planning your legal strategy.
Ohio Senate Bill 174: A New Era for Child Custody & Shared Parenting
The Presumption of Equal Shared Parenting
Historically, Ohio courts operated without a formal presumption regarding parenting time. SB 174 proposes establishing a rebuttable presumption that equal or near-equal shared parenting time is in the best interest of the child. This marks a fundamental change. Instead of both parents having to argue for an equal split, the burden of proof shifts. The court must now provide a clear, justified reason why an unequal schedule is necessary, making shared parenting the default starting point for negotiations and litigation.
Redefined "Best Interest of the Child" Factors
The criteria courts use to determine custody—known as the "best interest of the child" standard—are being clarified and updated. The new law aims to emphasize and mandate consideration of factors such as each parent's ability to: cooperate and encourage a relationship with the other parent; prioritize the child’s needs over their own personal conflict; and provide a safe and stable home environment. This requires attorneys to focus their evidence on the modernized statutory factors to achieve a favorable outcome.
Encouraging Parental Cooperation and Education
To promote stability, SB 174 may introduce stricter requirements for all new and modified parenting plans. These new components could include mandatory co-parenting education courses or requirements for mediation before parents resort to costly litigation. The underlying goal is to reduce chronic parental conflict and equip divorcing parents with the necessary tools to communicate effectively, leading to more peaceful and stable environments for their children.
Impact on Relocation and Modification
The bill also addresses how parental relocation affects a custody order. Under SB 174, any proposed relocation that would significantly impede the established equal parenting schedule will face increased scrutiny from the court. This change strengthens the stability of the primary residence and makes it more challenging for one parent to unilaterally move a great distance without demonstrating that the relocation still aligns with the child’s best interest, particularly concerning the maintenance of a strong bond with the other parent.
Plan Your Legal Strategy Today
This pending legislation will fundamentally reshape the landscape of family law in Ohio. Whether you are beginning the process of separation, considering modifying an existing decree, or are currently involved in a custody dispute, it is crucial to consult with an experienced attorney who fully understands the implications and nuances of SB 174. At Susan Gwinn Law, we are prepared to guide you through these changes and advocate assertively for the best interests of you and your children. Contact us today to schedule a confidential consultation.