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OH SB144
Bill
Status
4/7/2011
Primary Sponsor
Michael Skindell
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AI Summary
S.B. 144 Summary
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Replaces "shared parenting" language throughout Ohio family law with "equal legal and physical access" to children, establishing a presumption of equal custody between both parents unless clear and convincing evidence demonstrates harm to the children.
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Requires courts to grant equal legal and physical access by default unless the court finds by clear and convincing evidence that such arrangement would be harmful, shifting the burden away from parents having to prove they deserve equal time with their children.
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Applies the equal access presumption to temporary custody orders, divorce decrees, dissolution of marriage, legal separation, and annulment proceedings, with courts required to document written findings explaining any deviation from equal allocation.
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Modifies child support calculations and deviation factors to account for equal parenting time, allowing courts to adjust support obligations based on extraordinary circumstances such as each parent's ability to maintain adequate housing and expenses for the children.
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Updates terminology across multiple sections of the Revised Code (family law, education, and corrections) to refer to "equal legal and physical access" rather than "shared parenting," with corresponding amendments to procedural and substantive custody provisions.
Legislative Description
To ensure that court orders and decrees that allocate parental rights and responsibilities with respect to the care of and access to children provide for equality between the parents except where clear and convincing evidence shows that equal legal and physical access would be harmful to the children.
Court orders-parental responsibilities & rights-ensure equality between parents
Last Action
To Judiciary Civil Justice
4/7/2011