What is a parenting plan in Ohio?

A parenting plan is a written document in which parents set out how they will share responsibility for and time with their children. In Ohio it can be used by parents who are divorcing, by parents who were never married, or by a parent asking the court to modify an existing order. Because Ohio allocates parental rights and responsibilities, the plan describes decision-making, parenting time, and, when the parents request shared parenting, the shared parenting plan the court reviews (Ohio Revised Code Section 3109.04).

What is the difference between a parenting plan and a custody order in Ohio?

In Ohio a parenting plan is the written arrangement the parents propose, while the court's order allocates parental rights and responsibilities. Ohio does not use the word custody; the court either names a residential parent and legal custodian or issues a shared parenting order (Ohio Revised Code Section 3109.04(A)). When parents request shared parenting, they must file a shared parenting plan, and the court adopts it if it is in the best interest of the children.

What does Ohio call custody?

Ohio does not use custody as its operative term. An Ohio court allocates the parental rights and responsibilities for the care of the minor children (Ohio Revised Code Section 3109.04(A)). It may designate one parent the residential parent and legal custodian, or issue a shared parenting order, and it calls the schedule of time with each parent parenting time.

What must an Ohio shared parenting plan include?

An Ohio shared parenting plan shall include provisions covering all factors that are relevant to the care of the children, including, but not limited to, physical living arrangements, child support obligations, provision for the children's medical and dental care, and school placement (Ohio Revised Code Section 3109.04(G)). A detailed plan helps the Ohio court review the arrangement you propose.

What standard do Ohio courts use to decide parental rights and responsibilities?

In Ohio, when allocating parental rights and responsibilities, the court takes into account that which would be in the best interest of the children (Ohio Revised Code Section 3109.04(B)(1)). The statute lists relevant factors the court considers in making that best-interest determination.

Can unmarried parents make a parenting plan in Ohio?

Yes. A parenting plan in Ohio can be used by parents who were never married, not only by parents who are divorcing. The allocation of parental rights and responsibilities under the best interest of the children standard applies regardless of whether the parents were married (Ohio Revised Code Section 3109.04).

Where are parental rights and responsibilities decided in Ohio?

In Ohio, parental rights and responsibilities are decided by the domestic relations division of the court of common pleas in a divorce, or by the juvenile court for unmarried parents, in the county where the case is filed. The court allocates parental rights and responsibilities under the best interest of the children standard (Ohio Revised Code Section 3109.04).

Ohio Parenting Plan

An Ohio parenting plan sets out the allocation of parental rights and responsibilities, parenting time, and, for shared parenting, a shared parenting plan the court reviews under the best interest of the children (ORC 3109.04). Attorney review available.

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Introduction

In Ohio, which allocates the parental rights and responsibilities for the care of the children rather than using the word custody, a parenting plan is the written document two parents use to set out that allocation and parenting time, whether they are divorcing, were never married, or are changing an existing order. Ohio does not use the word custody as its operative term. Instead, the court allocates the parental rights and responsibilities for the care of the minor children (Ohio Revised Code Section 3109.04(A)). The court may designate one parent the residential parent and legal custodian, or, on request, issue a shared parenting order. The schedule of time with each parent is called parenting time. In making its decision the court takes into account that which would be in the best interest of the children (Section 3109.04(B)(1)). If a pleading or motion requesting shared parenting is filed, the parent or parents filing it also shall file with the court a plan for the exercise of shared parenting by both parents (Section 3109.04(G)). That makes a shared parenting plan central to an Ohio shared parenting case. DocDraft builds your Ohio parenting plan from your family's schedule, with attorney review available before you submit it to the court.

Key Things to Know

1
In Ohio, a parenting plan is the written document in which two parents set out the allocation of parental rights and responsibilities, parenting time, and decision-making for their children, whether they are divorcing, were never married, or are changing an existing order.
2
Ohio does not use custody as its operative term; the court allocates the parental rights and responsibilities for the care of the minor children (Ohio Revised Code Section 3109.04(A)).
3
An Ohio court may name one parent the residential parent and legal custodian, or issue a shared parenting order on request (Ohio Revised Code Section 3109.04(A)).
4
In Ohio, the court takes into account that which would be in the best interest of the children when allocating parental rights and responsibilities (Section 3109.04(B)(1)).
5
If a pleading or motion requesting shared parenting is filed in Ohio, the filing parent or parents also shall file a plan for the exercise of shared parenting (Section 3109.04(G)).
6
An Ohio shared parenting plan must cover all relevant factors, including physical living arrangements, child support, medical and dental care, and school placement (Section 3109.04(G)).
7
The schedule of time with each parent in Ohio is called parenting time.

Key decisions before you file

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

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OHIO PARENTING PLAN

This parenting plan is made between [PARENT 1 FULL NAME] and [PARENT 2 FULL NAME], the parents of the child or children named below. The parents may be married and divorcing, or unmarried, and this plan may also be used to modify an existing order. Ohio allocates parental rights and responsibilities rather than custody, and this plan sets out decision-making, parenting time, and, if the parents request shared parenting, the shared parenting plan the parents ask an Ohio court to approve under the best interest of the children.

Children covered: [CHILD FULL NAME, DATE OF BIRTH] [ADD EACH CHILD].

Allocation of parental rights and responsibilities. The parents request [that PARENT be the residential parent and legal custodian / shared parenting]. Major decisions about the children's education, health care, and religious upbringing will be made [jointly, after good-faith discussion / by PARENT]. Each parent may make routine day-to-day decisions while the children are in that parent's care and may authorize emergency medical treatment when needed.
Physical living arrangements and parenting time. The children will live primarily with [PARENT], and the other parent will have parenting time as follows. Weekdays: [describe the regular weekday schedule]. Weekends: [describe the alternating or fixed weekend schedule, with pick-up and drop-off times].
Holidays and special days. The parents will divide holidays as follows: [Thanksgiving, winter holidays, and other holidays, alternating by year or as agreed]. Mother's Day is with [PARENT] and Father's Day with [PARENT]. Each child's birthday: [describe].
School breaks and summer. Winter and spring school breaks will be divided [describe]. Summer parenting time will be [describe, for example alternating weeks or an extended block for each parent], with written notice of vacation dates by [DATE] each year.
Exchanges and transportation. Exchanges will take place at [LOCATION] at [TIME]. [Each parent / PARENT] will provide transportation for [pick-up / drop-off]. If a parent will be more than [NUMBER] minutes late, that parent will notify the other parent as soon as possible.
Communication. The children may contact either parent by phone or video call during reasonable hours. The parents will share information about the children's health, school, and activities, and will keep each other informed of their current address and phone number.
Relocation. A parent who intends to move the children's residence a significant distance will give the other parent written notice at least [NUMBER] days before the planned move, so the parents can discuss the change or, if needed, ask the court to review parenting time.
Dispute resolution. If a disagreement arises about this plan, the parents will first try to resolve it between themselves and, if that does not work, return to court.

This parenting plan is subject to court approval. The court takes into account that which would be in the best interest of the children, and a plan requesting shared parenting must be filed with the court (Ohio Revised Code Section 3109.04(B)(1) and (G)). For the general template and other states, see the Parenting Plan hub.

Signed: _____________________ [PARENT 1] Date: __________ _____________________ [PARENT 2] Date: __________

Ohio Requirements for Parenting Plan

Allocation of Parental Rights and Responsibilities
Ohio does not use custody as its operative term. The court allocates the parental rights and responsibilities for the care of the minor children (Ohio Revised Code Section 3109.04(A)). The schedule of time with each parent is called parenting time.
Residential Parent or Shared Parenting
In Ohio, the court may designate one parent the residential parent and legal custodian, or, on request, issue a shared parenting order under which both parents share the parental rights and responsibilities for the children (Ohio Revised Code Section 3109.04(A)).
Best Interest of the Children Standard
In Ohio, when allocating parental rights and responsibilities, the court takes into account that which would be in the best interest of the children (Ohio Revised Code Section 3109.04(B)(1)). The statute lists the relevant factors the court considers in that determination.
Shared Parenting Plan Required
In Ohio, if a pleading or motion requesting shared parenting is filed, the parent or parents filing it also shall file with the court a plan for the exercise of shared parenting by both parents (Ohio Revised Code Section 3109.04(G)). The court reviews the shared parenting plan and adopts it if it is in the best interest of the children.
What the Shared Parenting Plan Must Cover
An Ohio shared parenting plan shall include provisions covering all factors that are relevant to the care of the children, including, but not limited to, physical living arrangements, child support obligations, provision for the children's medical and dental care, and school placement (Ohio Revised Code Section 3109.04(G)).
Parenting Time and Decision-Making
Your plan should describe the parenting-time schedule and how the parents will make major decisions about the children's education, health care, and religious upbringing: the regular weekday and weekend routine, holidays, school breaks, and summer, plus exchanges and transportation. Ohio calls the schedule of time with each parent parenting time (Ohio Revised Code Section 3109.04).
Where It Is Decided in Ohio
In Ohio, parental rights and responsibilities are decided by the domestic relations division of the court of common pleas in a divorce, or by the juvenile court for unmarried parents, in the county where the case is filed. The court allocates parental rights and responsibilities under the best interest of the children standard (Ohio Revised Code Section 3109.04).
Court Approval
An Ohio parenting plan takes effect only when the court approves it. If the court finds the arrangement the parents propose is in the best interest of the children, it adopts the plan into its order allocating parental rights and responsibilities (Ohio Revised Code Section 3109.04).

Find out where you stand in Ohio

Introduction

Key Things to Know

Key decisions before you file

Customize your Parenting Plan Template with DocDraft

Ohio Requirements for Parenting Plan

Allocation of Parental Rights and Responsibilities

Residential Parent or Shared Parenting

Best Interest of the Children Standard

Shared Parenting Plan Required

What the Shared Parenting Plan Must Cover

Parenting Time and Decision-Making

Where It Is Decided in Ohio

Court Approval

Frequently Asked Questions