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Ohio Child Custody Agreement

In Ohio, filing one plan together rather than two competing plans is what turns the court's discretion into a duty.

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Introduction

In Ohio a custody arrangement is called an allocation of parental rights and responsibilities, and parents who want to share it ask the court for shared parenting and file a shared parenting plan. How the court handles that plan turns on one thing: whether the parents file it together. Under Ohio Revised Code 3109.04(D)(1)(a)(i), where both parents jointly request shared parenting and jointly file one plan, the court shall review the plan, shall approve it if it is in the best interest of the children, and, if any part of it is not, shall require the parents to make appropriate changes to meet the court's objections. Where each parent files a separate plan instead, division (D)(1)(a)(ii) says only that the court may approve a plan, may select one of the filed plans, or may deny shared parenting. Same section, same judge, a different verb, and the variable is the joint filing. None of that makes the document self-executing. The same division states that the court shall not approve a plan unless it determines the plan is in the best interest of the children, and the arrangement takes effect when the court includes the approved plan in a shared parenting decree.

Key Things to Know

  1. 1

    A joint filing changes what the court is required to do. Under ORC 3109.04(D)(1)(a)(i), when both parents jointly request shared parenting and jointly file one plan, the court shall review it and shall approve it if it is in the best interest of the children. If part of the plan is not, the court shall first require the parents to make appropriate changes to meet its objections rather than refusing outright.

  2. 2

    Two separate plans get a weaker rule. Under ORC 3109.04(D)(1)(a)(ii), where each parent files a plan of their own, the court may approve a plan, may select one of the filed plans, and may deny shared parenting. The obligation to review, approve, and ask for changes first belongs to the joint branch only.

  3. 3

    The plan is still not binding until the court says so. ORC 3109.04(D)(1)(a)(i) provides that the court shall not approve a plan unless it determines the plan is in the best interest of the children. If the parents do not make the changes the court requires, the same division allows the court to reject that part of the pleadings or deny the motion and proceed as if the request for shared parenting had never been made.

  4. 4

    Ohio's vocabulary is its own. The statute allocates parental rights and responsibilities, and it speaks of shared parenting, the residential parent, the legal custodian, and parenting time far more often than custody or visitation. The word custody survives mainly in ORC 3109.04(L), which exists to translate this section's terms for other parts of the Revised Code and for orders issued before April 11, 1991. Ohio did not abolish the word, but a plan written in the statute's own vocabulary is easier for a court to work with.

  5. 5

    ORC 3109.04(G) prescribes what a shared parenting plan covers, and the list is a floor. It requires provisions covering all factors relevant to the care of the children, including physical living arrangements, child support obligations, provision for medical and dental care, school placement, and which parent the children are with on legal holidays, school holidays, and other days of special importance. Because the section says including but not limited to, a plan can and usually should go further. Child support itself is calculated separately and is not settled by the parenting schedule.

  6. 6

    Two stacked factor lists apply, and neither is closed. ORC 3109.04(F)(1) sets out ten best interest factors at (a) through (j), and ORC 3109.04(F)(2) adds five more that apply specifically to whether shared parenting is in the children's best interest: cooperation between the parents, each parent's willingness to encourage contact with the other, any history of or potential for abuse, how close the parents live to one another, and the recommendation of a guardian ad litem. Both lists say including but not limited to, so a court may weigh anything else it finds relevant. ORC 3109.04(F)(3) separately bars any preference based on a parent's financial status or condition.

  7. 7

    Domestic violence is something the court must consider, but it does not restrict the award by itself. ORC 3109.04(F)(1)(h) directs the court to consider convictions and adjudications involving abuse or neglect, and it reaches members of either parent's household, not only the parents. ORC 3109.04(F)(2)(c) is broader and reaches any history of, or potential for, child abuse, spouse abuse, other domestic violence, or parental kidnapping. No presumption against shared parenting appears in the section, so if there has been abuse or a protective order, that is a situation to raise with a lawyer rather than settle on a form.

Key decisions before you file

Before you file a Child Custody Agreement in Ohio, a few decisions shape the document: which option to choose and what each one means. The Child Custody Agreement guide walks through them.

Open the Child Custody Agreement guide

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Ohio Child Custody Agreement (Compact State Terms)

Use these terms together with the national Child Custody Agreement template. They address requirements specific to Ohio law and replace the corresponding general provisions.

  1. JOINT REQUEST FOR SHARED PARENTING The parents jointly request shared parenting of the children and jointly file this single plan under Ohio Revised Code 3109.04(D)(1)(a)(i). Neither parent files a separate plan. If the court determines that this plan or any part of it is not in the best interest of the children, the parents will make the appropriate changes the court requires to meet its objections and will resubmit the plan.

  2. ALLOCATION OF PARENTAL RIGHTS AND RESPONSIBILITIES School placement for the children shall be [PLACEMENT], and the children's residence for school registration purposes shall be [ADDRESS]. Decisions concerning [EDUCATION / NON-EMERGENCY HEALTH CARE / RELIGIOUS UPBRINGING] shall be made [JOINTLY BY BOTH PARENTS / BY NAME OF PARENT].

  3. PHYSICAL LIVING ARRANGEMENTS AND PARENTING TIME The children's physical living arrangements shall follow the schedule at [SCHEDULE REFERENCE], stating the days and times each parent has parenting time, the exchange location at [EXCHANGE LOCATION], and the person responsible for transportation. Parenting time during school breaks shall follow [BREAK SCHEDULE].

  4. LEGAL HOLIDAYS, SCHOOL HOLIDAYS, AND DAYS OF SPECIAL IMPORTANCE The parent with whom the children are physically located on each legal holiday, school holiday, and other day of special importance is set out at [HOLIDAY SCHEDULE], including [BIRTHDAYS / RELIGIOUS OBSERVANCES / FAMILY OCCASIONS]. Where the schedule is silent, the ordinary parenting time schedule governs.

  5. MEDICAL AND DENTAL CARE Provision for the children's medical and dental care is as follows: [PROVIDER ARRANGEMENTS], [HEALTH INSURANCE COVERAGE], and [ALLOCATION OF UNINSURED EXPENSES]. Either parent may authorize emergency treatment and shall notify the other parent within [NUMBER] hours.

  6. CHILD SUPPORT Child support obligations are addressed at [SUPPORT ORDER REFERENCE] and are calculated separately under Ohio's child support statutes. Nothing in this plan sets, waives, or offsets a support obligation.

  7. FILING This plan is filed with the petition where the question arises out of an action for dissolution of marriage, and otherwise at a time at least thirty days prior to the hearing on the issue of the allocation of parental rights and responsibilities.

  8. NOTICE OF INTENT TO RELOCATE If a residential parent intends to move to a residence other than the residence specified in the parenting time order or decree, that parent shall file a notice of intent to relocate with the court under Ohio Revised Code 3109.051(G)(1). The parents shall also give each other written notice at [NOTICE ADDRESS] as soon as the intended move is known.

  9. LATER CHANGES TO THIS PLAN The parents may jointly submit modifications to this plan to the court at any time under Ohio Revised Code 3109.04(E)(2)(a). Any modification, whether as originally filed or as changed by the court, is effective only upon its inclusion by the court in the plan, and a private side agreement between the parents does not alter this plan.

Ohio Requirements for Child Custody Agreement

Joint Request and Single Plan, ORC 3109.04(D)(1)(a)(i)

Where both parents jointly request shared parenting and jointly file one plan, the court shall review the plan, shall approve it if it is in the best interest of the children, and shall require the parents to make appropriate changes where part of it is not. The plan should state on its face that it is jointly requested and jointly filed.

Separate Plans, ORC 3109.04(D)(1)(a)(ii)

Where each parent files a separate plan, the court may approve a plan, may select one of the plans filed, and may deny shared parenting. Parents who intend to rely on the stronger joint branch should not file competing plans.

Best Interest Approval Bar, ORC 3109.04(D)(1)(a)(i)

The court shall not approve a plan under this division unless it determines that the plan is in the best interest of the children. If required changes are not made, the court may reject that part of the pleadings or deny the motion and proceed as if the shared parenting request had not been made.

Shared Parenting Plan Contents, ORC 3109.04(G)

The plan must include provisions covering all factors relevant to the care of the children, including physical living arrangements, child support obligations, provision for medical and dental care, school placement, and the parent with whom the children are physically located during legal holidays, school holidays, and other days of special importance. The list is expressly not exhaustive.

Plan Filing Time, ORC 3109.04(G)

The plan is filed with the petition where the question arises out of an action for dissolution of marriage, and otherwise at a time at least thirty days prior to the hearing on the issue of parental rights and responsibilities. Where only one parent files a plan, the court orders the other parent to file one.

General Best Interest Factors, ORC 3109.04(F)(1)

Ten factors at (a) through (j) govern the best interest determination on an original decree or a modification, and the court shall consider all relevant factors including but not limited to those listed. A plan that speaks to these factors is easier for a court to assess.

Shared Parenting Factors, ORC 3109.04(F)(2)

Five additional factors apply to whether shared parenting is in the children's best interest: cooperation and joint decision-making, each parent's ability to encourage contact with the other, any history of or potential for abuse, geographic proximity of the parents, and the recommendation of a guardian ad litem. These sit on top of the general factors.

Domestic Violence Consideration, ORC 3109.04(F)(1)(h) and (F)(2)(c)

The court must consider convictions and adjudications involving abuse or neglect, reaching members of either parent's household as well as the parents, and separately any history of or potential for child abuse, spouse abuse, other domestic violence, or parental kidnapping. These are mandatory considerations rather than a presumption against shared parenting.

Notice of Intent to Relocate, ORC 3109.051(G)(1)

A residential parent who intends to move to a residence other than the one specified in the parenting time order or decree must file a notice of intent to relocate with the court. No mileage threshold or advance day count applies, and the court may schedule a hearing on revising parenting time.

Joint Modification of the Plan, ORC 3109.04(E)(2)(a)

Both parents may jointly submit modifications to the plan at any time, and the court shall include them unless they are not in the best interest of the children. Modifications are effective, as filed or as modified by the court, only upon inclusion by the court in the plan, so the document should say that private side agreements do not alter the decree.

Frequently Asked Questions

It changes what the court is obliged to do. Ohio Revised Code 3109.04(D)(1)(a)(i) provides that where both parents jointly request shared parenting and jointly file one plan, the court shall review the plan, shall approve it if it is in the best interest of the children, and, where part of it is not, shall require the parents to make appropriate changes to meet the court's objections. Parents who instead file separate plans fall under division (D)(1)(a)(ii), where the court only may approve a plan, may select one of the plans filed, or may deny shared parenting.

Yes. The plan carries no legal force on its own, and Ohio Revised Code 3109.04(D)(1)(a)(i) states that the court shall not approve a plan unless it determines the plan is in the best interest of the children. Once approved, the plan is incorporated into a shared parenting decree, and that decree is what is enforceable. Parents cannot contract away a court's authority over their children.

Where the plan was jointly filed, the court is required to give the parents a chance to fix it. Ohio Revised Code 3109.04(D)(1)(a)(i) says the court shall require the parents to make appropriate changes to the plan to meet the court's objections. If those changes are not made, the same division allows the court to reject that part of the parents' pleadings or deny their motion and proceed as if the request for shared parenting had not been made.

Ohio Revised Code 3109.04(G) requires provisions covering all factors relevant to the care of the children, including physical living arrangements, child support obligations, provision for the children's medical and dental care, school placement, and which parent the children are with during legal holidays, school holidays, and other days of special importance. The section says including but not limited to, so this is a minimum rather than a complete list. Child support is calculated separately and is not settled by the parenting schedule.

Under Ohio Revised Code 3109.04(G), the plan is filed with the petition where the question arises out of an action for dissolution of marriage. In other cases it is filed at a time at least thirty days prior to the hearing on the issue of the allocation of parental rights and responsibilities. If only one parent files a plan, the court orders the other parent to file one as well.

The statute allocates parental rights and responsibilities for the care of children. It uses shared parenting for the arrangement itself, residential parent and legal custodian for the roles, and parenting time for the schedule. The word custody has not been abolished, but in Ohio Revised Code 3109.04 it survives largely in division (L), which translates this section's terms for other parts of the Revised Code and for orders issued before April 11, 1991. Drafting in the statute's own vocabulary keeps the plan consistent with the decree it will become.

Two lists apply. Ohio Revised Code 3109.04(F)(1) sets out ten general best interest factors at (a) through (j). Ohio Revised Code 3109.04(F)(2) adds five that go specifically to shared parenting: the ability of the parents to cooperate and make decisions jointly, each parent's ability to encourage contact with the other parent, any history of or potential for abuse, the geographic proximity of the parents to one another, and the recommendation of a guardian ad litem. Both lists are open, so a court may weigh other relevant matters as well.

Not as a preference. Ohio Revised Code 3109.04(F)(3) bars the court from giving preference to a parent because of that parent's financial status or condition when allocating parental rights and responsibilities. Money still comes into the case through the separate child support calculation and through practical questions such as housing and health coverage, but the fact that one parent earns more is not itself a reason to favor that parent.

No. Ohio Revised Code 3109.04(E)(2)(a) lets both parents jointly submit modifications to the plan at any time, and it provides that the court shall include them in the plan unless they are not in the best interest of the children. Even then, the modifications are effective, either as originally filed or as modified by the court, upon their inclusion by the court in the plan. A private side agreement between the parents does not change the decree.

Ohio Revised Code 3109.051(G)(1) requires a residential parent who intends to move to a residence other than the one specified in the parenting time order or decree to file a notice of intent to relocate with the court. Ohio sets no mileage threshold and no advance day count, so any move away from the specified residence triggers the notice. The court sends the notice to the parent who is not the residential parent and may, on its own motion or that parent's motion, schedule a hearing on whether to revise parenting time. Divisions (G)(2) through (G)(4) carve out cases involving certain convictions.