Ohio’s Proposed SB 174: How Parenting Plans Would Replace Traditional Custody
Ohio is on the verge of its most significant family law overhaul in more than two decades. Senate Bill 174, which passed the Ohio Senate 29–2 in November 2025 and is now pending in the House Judiciary Committee, would fundamentally change how Ohio handles child custody. Instead of fighting over “custody” and “visitation,” parents would work with the court to create comprehensive parenting plans that spell out exactly how they will share responsibilities for their children.
For families in Canton, Stark County, and throughout Ohio, this proposed legislation could reshape how every divorce and custody case is handled. At Klie Law Offices, we are closely tracking this bill and helping clients understand how it may affect their current cases and future family law decisions. Here is what you need to know.
What SB 174 Would Change
Eliminating the Concept of “Parental Rights and Responsibilities”
Under current Ohio law, when parents separate or divorce, the court determines the “allocation of parental rights and responsibilities.” One parent is typically designated as the residential parent and legal custodian, while the other receives companionship time, commonly called visitation. Parents can also agree to a shared parenting plan, but the process often creates a winner-loser dynamic that increases conflict.
SB 174 would eliminate this framework entirely. The terms “custody,” “residential parent,” and “visitation” would be replaced by a unified parenting plan system. Every case involving children of unmarried or divorcing parents would require a parenting plan that details how both parents will share time, decision-making authority, and financial responsibilities.
Mandatory Parenting Plans for Every Case
Under the proposed law, parenting plans would become mandatory rather than optional. Each plan must address several specific areas including the allocation of parenting time, including weekday, weekend, holiday, and vacation schedules. Plans would also need to cover decision-making authority for education, healthcare, religious upbringing, and extracurricular activities. The plan must designate how parents will handle transportation and exchange logistics, communication between the child and each parent during the other’s parenting time, and a dispute resolution process for future disagreements.
Parents would be encouraged to submit agreed-upon plans. If they cannot agree, each parent would submit a proposed plan, and the court would create one based on the child’s best interests.
Presumption of Parental Involvement
SB 174 creates a presumption that it is in a child’s best interest to have a relationship with both parents. This does not automatically mean equal time, as the court retains discretion to allocate parenting time based on the child’s specific needs and circumstances. However, it shifts the starting point from one where a primary parent is assumed to one where both parents begin on equal footing.
This represents a meaningful philosophical change. Under current law, one parent often bears the burden of proving they should have more time. Under SB 174, both parents would start from a position of involvement, and any deviation from that starting point would need to be supported by evidence.
How SB 174 Differs from Current Ohio Law
Standardization Across All 88 Counties
One of the most practical effects of SB 174 is the standardization of family law procedures statewide. Currently, each of Ohio’s 88 counties handles custody cases somewhat differently. Some counties have mandatory mediation, others do not. Some counties use a standard parenting time order as the default, while others start from scratch in each case. Stark County Family Court has its own local rules that differ from those in neighboring Summit, Tuscarawas, or Carroll counties.
SB 174 would create uniform statewide procedures, standardized forms, and consistent terminology. For families with connections to multiple counties, or for parents who relocate within Ohio, this consistency would reduce confusion and make enforcement easier.
Redefining “Best Interest” Factors
The bill would update the factors courts consider when determining a child’s best interests. While the current factors under Ohio Revised Code Section 3109.04 remain largely intact, SB 174 adds new considerations including the impact of domestic violence and substance abuse, the ability of each parent to facilitate a relationship with the other parent, the child’s adjustment to home, school, and community, and each parent’s willingness to comply with court orders.
The best interest factors would continue to guide the court’s decisions, but with updated language reflecting modern parenting dynamics, including considerations for long-distance parenting, technology-assisted communication, and non-traditional family structures.
What This Means for Stark County Families
If You Are Going Through a Divorce Now
If you are currently going through a divorce or custody case in Stark County, SB 174 has not yet been enacted. Your case will proceed under current Ohio law unless and until the bill passes the House and is signed by the governor. However, understanding the direction Ohio family law is heading can help you make better decisions now. For example, proposing a detailed parenting plan during your current case demonstrates cooperation and foresight, qualities that courts already value.
If You Have an Existing Custody Order
For parents with existing custody orders, SB 174 would not automatically change your arrangement. However, if you seek a modification in the future, the new framework would apply. Understanding how parenting plans work under the proposed law can help you prepare for any future changes.
If your circumstances have changed and you need to modify your current custody arrangement, the attorneys at Klie Law Offices can advise you on your options under both current law and the likely new framework.
If You Are an Unmarried Parent
SB 174 does not apply only to divorcing couples. Any case involving the custody or care of a child, including cases between unmarried parents, would fall under the new parenting plan requirements. Unmarried fathers in Ohio currently face additional hurdles in establishing their custodial rights. Under the proposed law, once paternity is established, both parents would be subject to the same parenting plan framework as married couples.
How SB 174 Compares to West Virginia’s Approach
West Virginia adopted a 50/50 custody presumption through HB 4648 and HB 4277, which creates a starting presumption that equal custodial time is in the child’s best interest. Ohio’s SB 174 takes a somewhat different approach. Rather than mandating a specific time-sharing ratio as a presumption, it focuses on the process of creating detailed parenting plans while presuming only that both parents should be involved.
For families who cross the West Virginia–Ohio border — and there are many in the Parkersburg and Canton areas — the differences between Ohio and West Virginia family law can be significant. Klie Law Offices practices in both states and can help you understand which state’s laws apply to your situation and how to navigate the differences.
The History Behind SB 174
SB 174 did not appear overnight. Its origins trace back to 2005, when the Ohio Supreme Court convened a Task Force on Family Law and Children. That task force recommended sweeping changes to Ohio’s custody framework, including the shift from custody terminology to parenting plans. For two decades, various bills have been introduced to implement these recommendations. SB 174 is the most comprehensive and has advanced further than any prior attempt.
The bill passed the Ohio Senate 29–2, reflecting broad bipartisan support. It is now in the House Judiciary Committee, where it could receive a vote during the current legislative session. Family law practitioners across Ohio anticipate that some version of this reform will eventually become law, even if the current bill requires amendments before final passage.
Potential Concerns and Criticisms
While SB 174 has broad support, it is not without concerns. Domestic violence advocates have raised questions about whether the presumption of parental involvement could be misused in cases where one parent has been abusive. The bill includes exceptions for domestic violence, but the details of how those exceptions will be implemented in practice remain to be worked out.
Some family law practitioners worry that mandatory parenting plans could increase costs for low-income families who may struggle to afford the detailed planning and negotiation the new system requires. Others argue that standardization could actually reduce costs by eliminating the unpredictability of county-by-county procedures.
Practical Steps You Can Take Now
Whether SB 174 passes this session or in a future one, you can take several practical steps now to protect your family. Consider creating a detailed parenting plan even if the court does not currently require one. A comprehensive plan that addresses holidays, vacations, transportation, communication, and decision-making can reduce conflict and provide stability for your children.
If you are going through a divorce or custody dispute in Stark County, focus on demonstrating your involvement in your child’s life, your willingness to cooperate with the other parent, and your commitment to the child’s well-being. These are factors that courts value now and will continue to value under any new law.
Frequently Asked Questions About SB 174
Has SB 174 been signed into law?
No. As of early 2026, SB 174 has passed the Ohio Senate and is pending in the House Judiciary Committee. It has not yet been enacted.
Would SB 174 automatically give parents equal custody?
No. The bill creates a presumption that both parents should be involved in their child’s life, but it does not mandate a specific time-sharing split. The court retains discretion to allocate parenting time based on the child’s best interests.
Does this affect existing custody orders?
Existing orders would remain in effect. However, if you seek a modification in the future, the new framework would apply to the modification proceedings.
How does this compare to West Virginia’s custody laws?
West Virginia presumes equal (50/50) custodial time as a starting point. Ohio’s proposed law presumes parental involvement but does not mandate a specific ratio. Both states ultimately decide custody based on the child’s best interests.
Contact Klie Law Offices to Discuss Your Custody Case
Whether you are navigating custody in Ohio or West Virginia, the family law attorneys at Klie Law Offices can help. We serve families from our offices in Canton, Ohio, as well as Buckhannon, Clarksburg, Morgantown, and Parkersburg, West Virginia. We practice in both states and understand the differences that matter.
Contact us for a free case evaluation to discuss your situation and learn how we can help protect your parental rights.
