Understanding Ohio Shared Parenting: What Ohio Parents Need to Know
If you’re a West Virginia parent who is moving to Ohio, has a co-parent in Ohio, or is considering filing for custody in Ohio, you need to understand a fundamental difference in how the two states approach custody arrangements. While West Virginia uses the traditional terminology of “joint custody” and “sole custody,” Ohio has its own unique system called “shared parenting.”
At Klie Law Offices, we serve families on both sides of the Ohio-West Virginia border. Our offices in Canton, Ohio and throughout West Virginia—including Parkersburg, Clarksburg, Morgantown, and Buckhannon—allow us to help parents navigate cross-border custody matters with expertise in both states’ laws.
What Is Shared Parenting in Ohio?
Shared parenting is Ohio’s term for an arrangement where both parents share in the rights and responsibilities of raising their children after a divorce or separation. Unlike traditional custody arrangements where one parent is designated as the “custodial” parent with primary decision-making authority, shared parenting creates a legal framework where both parents are actively involved in major decisions affecting their children’s lives.
Under a shared parenting plan in Ohio, both parents are designated as “residential parents and legal custodians” of the children. This means both parents have legal authority to make decisions about their children’s education, healthcare, religious upbringing, and extracurricular activities. The shared parenting plan outlines how these decisions will be made and how parenting time will be allocated.
How Ohio Shared Parenting Differs from West Virginia Joint Custody
While the concepts of Ohio shared parenting and West Virginia joint custody are similar, there are important distinctions that parents should understand.
Terminology Differences
In West Virginia, custody is divided into two components: legal custody, meaning the right to make major decisions about the child’s life, and physical custody, meaning where the child lives. Parents can have joint legal custody while one parent has primary physical custody.
Ohio uses different terminology entirely. Instead of “custody,” Ohio refers to “allocation of parental rights and responsibilities.” Under shared parenting, both parents share these rights and responsibilities, though the physical living arrangements may not be equal.
The Shared Parenting Plan Requirement
Ohio requires parents seeking shared parenting to submit a detailed shared parenting plan to the court. This plan must address the child’s living arrangements and schedule, legal decision-making responsibilities for education, healthcare, religion, and other matters, holiday and vacation schedules, communication between the child and each parent, transportation arrangements, and a method for resolving disputes between parents.
West Virginia does not require this specific type of plan, though custody orders will address many of the same issues.
How Shared Parenting Is Obtained in Ohio
In Ohio, shared parenting can be requested by one or both parents during divorce or custody proceedings. The court will approve a shared parenting plan if both parents agree and submit a joint plan, or one parent files a plan and the court determines it’s in the child’s best interest, and the plan meets legal requirements and is feasible.
If parents cannot agree on shared parenting, the court will instead allocate parental rights and responsibilities, designating one parent as the “residential parent and legal custodian” while the other receives parenting time (similar to visitation in West Virginia).
Key Components of an Ohio Shared Parenting Plan
Understanding what goes into a shared parenting plan can help you prepare if you’re seeking this arrangement in Ohio.
Physical Living Arrangements
The plan must specify where the children will live. This doesn’t have to be a 50/50 split. Shared parenting plans can include equal time with each parent, a primary residence with one parent and regular parenting time with the other, different arrangements for school year versus summer, or week-on, week-off schedules or other alternating arrangements.
The schedule should be specific enough to minimize conflicts but flexible enough to accommodate the realities of daily life.
Decision-Making Authority
The plan should address how major decisions will be made. Options include joint decision-making where both parents must agree on all major decisions, divided authority where each parent has final say on certain categories such as one parent deciding on education while the other decides on healthcare, and parallel parenting where each parent makes decisions during their parenting time.
Dispute Resolution
The plan should include a method for resolving disagreements between parents. Common approaches include mediation before court involvement, consultation with a parenting coordinator, binding arbitration, and court intervention as a last resort. Including a dispute resolution process in your plan can save significant time and money if conflicts arise later.
Holiday and Vacation Schedules
The plan must specifically address holidays and school breaks. Ohio courts expect plans to cover major holidays including Thanksgiving, Christmas, Easter, and Independence Day, as well as school breaks like spring break, winter break, and summer vacation. The plan should also address children’s birthdays, parents’ birthdays, and Mother’s Day and Father’s Day.
For families who celebrate different religious or cultural holidays, be sure your plan addresses these as well. Review our tips on navigating co-parenting during the holidays for additional guidance.
Communication Provisions
The plan should address communication between the children and the non-residential parent, including phone calls, video chats, and text messages. It may also address communication between the parents themselves, especially if there’s a history of conflict.
The 90-Overnight Threshold in Ohio
A critical difference between Ohio and West Virginia involves how parenting time affects child support calculations. In Ohio, when the non-residential parent has 90 or more overnights per year, the court may adjust the standard child support calculation. This threshold is significantly lower than West Virginia’s 127-overnight threshold for extended parenting time adjustments.
This means that achieving a shared parenting arrangement in Ohio can have significant financial implications. If you currently have a West Virginia custody order and are moving to Ohio, understanding how this threshold affects support is important.
Best Interest Factors Ohio Courts Consider
When deciding whether to approve a shared parenting plan, Ohio courts apply the “best interest of the child” standard. The court considers numerous factors, including the wishes of the child’s parents, the child’s wishes and concerns if the court interviews the child, the child’s interaction with parents, siblings, and other significant people, the child’s adjustment to home, school, and community, the mental and physical health of all involved parties, the parent more likely to honor parenting time, whether either parent has failed to make support payments, history of abuse or neglect, and the geographic proximity of the parents’ homes.
The court also considers whether shared parenting is feasible given the parents’ ability to cooperate and communicate. If there’s significant parental conflict or a history of domestic violence, the court may be reluctant to approve shared parenting.
Modifying a Shared Parenting Plan
Shared parenting plans can be modified if circumstances change. Either parent can request a modification by showing there has been a change in circumstances since the original order, and that modifying the plan is in the child’s best interest.
Common reasons for modification include a parent relocating, changes in work schedules, the child’s changing needs as they grow older, one parent’s failure to follow the plan, and changes in either parent’s circumstances. Learn more about custody and support modifications and how they work.
Terminating Shared Parenting in Ohio
Either parent can request termination of shared parenting at any time. If the court terminates shared parenting, it will allocate parental rights and responsibilities, designating one parent as the residential parent and the other as the non-residential parent with parenting time.
Termination might be appropriate when parents can no longer cooperate effectively, one parent is not fulfilling their responsibilities, shared parenting is no longer serving the child’s best interests, or one parent wishes to relocate to a distant location.
Interstate Considerations: Ohio-West Virginia Custody
If you have a custody situation involving both Ohio and West Virginia, jurisdictional issues become important. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) governs which state has authority over custody matters.
Generally, the child’s “home state”—where they have lived for six consecutive months—has jurisdiction. If you have an existing West Virginia custody order and want to move to Ohio, you’ll need to consider whether to modify the existing order in West Virginia, transfer jurisdiction to Ohio after establishing residency, or maintain West Virginia jurisdiction while living in Ohio.
These decisions have significant implications for which state’s laws will govern your custody arrangement going forward.
Frequently Asked Questions About Ohio Shared Parenting
Is shared parenting the same as 50/50 custody?
No. Shared parenting means both parents share legal rights and responsibilities, but the physical custody schedule doesn’t have to be equal. Many shared parenting plans have one parent with more physical time than the other.
Can one parent refuse shared parenting in Ohio?
Either parent can refuse to participate in shared parenting. If parents don’t agree, the court will allocate parental rights instead. However, the court may still consider shared parenting if one parent requests it and the court finds it would be in the child’s best interest.
Can I get shared parenting if we never married?
Yes. Ohio’s shared parenting laws apply to both married and unmarried parents. However, paternity must be established before custody can be determined for unmarried fathers.
How does Ohio shared parenting affect child support?
Child support in Ohio is calculated using the state’s guidelines, which consider both parents’ incomes, healthcare costs, childcare costs, and the parenting time schedule. The 90-overnight threshold may trigger a deviation from standard guidelines.
Can grandparents be part of a shared parenting plan?
Shared parenting is between the two parents. However, grandparents can seek separate visitation rights in Ohio under certain circumstances.
Contact Klie Law Offices for Ohio Custody Help
Whether you’re seeking shared parenting in Canton, Ohio or dealing with a cross-border custody matter involving West Virginia, Klie Law Offices can help. Our attorneys understand the nuances of both states’ custody laws and can guide you toward the best arrangement for your family.
We serve clients throughout Stark County, Ohio, and West Virginia, including Parkersburg, Clarksburg, Morgantown, and Buckhannon.
Contact us today to schedule a consultation about your Ohio shared parenting case.
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