Shared Parenting in Ohio

What shared parenting means

Under R.C. 3109.04(K), shared parenting means the parents share, as set out in the court-approved plan, all or some aspects of the physical and legal care of their children. Unless the order says otherwise, each parent under a shared parenting order is a “residential parent” and “residential parent and legal custodian,” wherever the child is at a given time (R.C. 3109.04(L)(6)). An order can still name one parent’s home for school purposes or tax dependency without changing that (R.C. 3109.04(L)(7)).

Shared parenting does not end child support. Support under a shared parenting order is calculated under the schedule and worksheet, and the court may deviate only on the findings R.C. 3119.24 requires.

Asking for shared parenting

1. Request it. Either or both parents may file a pleading or motion asking for shared parenting (R.C. 3109.04(G)).
2. File a plan. The parent or parents asking must also file a plan for the exercise of shared parenting. If only one parent files a plan, the court may order the other to file one.
3. Meet the deadline. In a dissolution the plan is filed with the petition. In other cases it must be filed at least 30 days before the hearing on parental rights and responsibilities (R.C. 3109.04(G)).
4. Cover everything relevant. The plan must include provisions on all factors relevant to the children’s care, including physical living arrangements, child support, medical and dental care, school placement, and where the children will be on legal holidays, school holidays, and other days of special importance.

The Supreme Court of Ohio publishes Form 20, Shared Parenting Plan (amended June 24, 2024). Its instructions say the parenting time schedule must be attached and urge parents to consult the court’s Planning for Parenting Time guide. The companion Form 21, Parenting Plan (amended June 24, 2024) instead designates a residential parent and legal custodian for each child.

How the court reviews plans

• Joint plan. If both parents jointly ask and jointly file a plan, the court must approve it if it is in the children’s best interest. If not, the court requires changes, and if the changes do not fix the problem the court may deny shared parenting (R.C. 3109.04(D)(1)(a)(i)).
• Separate plans or one plan. If each parent files a separate plan, or only one plan is filed, approval is discretionary. The court may approve one plan, order changes, or deny shared parenting, and it must enter findings of fact and conclusions of law explaining why (R.C. 3109.04(D)(1)(a)(ii), (iii), (D)(1)(b)).
• Frequent contact. Whenever possible, an approved plan must ensure both parents frequent and continuing contact with the child, unless that would not be in the child’s best interest (R.C. 3109.04(D)(1)(c)).

The shared parenting factors

In deciding whether shared parenting is in the children’s best interest, the court considers all relevant factors, including the R.C. 3109.04(F)(1) factors, the R.C. 3119.23 factors, and these from R.C. 3109.04(F)(2):

• (a) The parents’ ability to cooperate and make decisions jointly about the children.
• (b) Each parent’s ability to encourage the sharing of love, affection, and contact between the child and the other parent.
• (c) Any 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, as it relates to the practical considerations of shared parenting.
• (e) The recommendation of the child’s guardian ad litem, if the child has one.

Changing or ending a shared parenting decree

• Joint changes to the plan. Both parents may jointly change the plan’s terms at any time by filing the changes; the court includes them unless they are not in the children’s best interest (R.C. 3109.04(E)(2)(a)).
• Court changes to the plan. On its own motion or a parent’s request, the court may modify the plan’s terms if the change is in the children’s best interest (R.C. 3109.04(E)(2)(b)).
• Termination. The court may terminate a shared parenting decree on the conditions in R.C. 3109.04(E)(2)(c), and then allocates parental rights and responsibilities as if shared parenting had never been requested (R.C. 3109.04(E)(2)(d)).

Primary sources

Rules and forms change. Check the current version at the source before you file.

• R.C. 3109.04, shared parenting
• R.C. 3119.24, child support under shared parenting
• Fisher v. Hasenjager, 2007-Ohio-5589
• Uniform Domestic Relations Form 20, Shared Parenting Plan
• Uniform Domestic Relations Form 21, Parenting Plan