Ohio Home Invoice 508: A Probably Monumental Shift in Ohio Little one Custody – Half 2 – HB 508 | Kohrman Jackson & Krantz LLP

Last week was the first in a series of two articles on the content of House Bill 508 – which would make the probable outcome in custody matters to shared parenting and a timeline for equal parenting – and the potential implications of the legislation. if passed. In the first article, we covered the nature and specifics of current Ohio child custody laws—specifically, what the current laws say and require, and the practical assumptions effectively built into them.

In this second and final article, we’ll turn our attention to the content of HB 508 itself – specifically how its provisions differ from Ohio’s current statutes and child custody laws. We will also discuss the potential impact of HB 508 on Ohio’s current custody and parental leave or visitation framework in general, and the potential impact of HB 508 in practical terms on the current status of custody arrangements in Ohio.

WHAT DOES HB 508 SAY?

In short, HB 508 on paper proposes to drastically change the current legal framework for child custody cases to place a very clear emphasis and preference on co-parenting arrangements and equal parenting periods or visitation schedules. This proposed change to the framework would apply to both final custody orders (ie, those orders issued after the resolution of a custody case) and interim custody orders (ie, those orders issued while a custody case is pending).

The precise nature of this shift emerges from the first factual section of HB 508. Indeed, the proposed wording of HB 508 would expressly codify the following overarching principles of public policy by which Ohio courts would be bound in all custody matters:

It is the policy of this State to ensure that minor children have an ongoing full parent-child relationship with their parents, and to ensure, to the maximum extent possible, that parents have equal rights with parents regarding parental leave and the rights and responsibilities in the upbringing of their children share legally separated, divorced, or dissolved or annulled their marriage, or in situations where the mother is unmarried.

This language clearly sets a very different tone than the presumptions that exist in Ohio’s current legal framework for child custody, as discussed in more detail in the first part of this series. As a result, the greatest impact of HB 508 from a legal standpoint would essentially be to adjust the presumed custody outcome — and therefore the starting point — in each and every Ohio custody case.

Specifically, under HB 508, each individual custody case would begin with the assumption that custody that is in the best interests of the children is shared parenting and equal parental leave or a visitation schedule. Under the proposed wording of HB 508, if a parent disagrees with this presumed outcome, he or she would have the onus to refute this presumption by showing that in that particular case there was co-parenting and/or equal parenting would be detrimental to the children’s schedule or visitation schedule. Under HB 508, the same presumptive framework would apply in the case of temporary custody or custody orders issued in custody actions (ie orders issued while a custody case is pending).

What HB 508 proposes for this purpose is in many ways the inverse framework of current Ohio child custody laws. Specifically, under HB 508, a parent seeking sole custody and/or an unequal parenting schedule or visitation schedule would need to take the positive steps to demonstrate that co-parenting and/or an equal parenting schedule would in fact not be in the best interests of the concerned children.

CONSIDERATION FACTORS IN ACCORDANCE WITH HB 508

Among the factors that HB 508 would require the court to consider in order to determine whether the presumption of co-parenting has been rebutted – and thus whether co-parenting would be harmful to the children – include the following:

1. Each parent’s demonstrated ability to work with the other parent and encourage the exchange of love, affection and contact between the child and the other parent.

2. Any history of child abuse or neglect, spousal abuse, other domestic violence, or parental abduction by either parent.

3. The mental health of everyone involved in the situation.

4. The recommendation of a guardian ad litem, insofar as one is involved in the lawsuit.

Among the factors that the court would need to consider in order to determine whether the presumption of equal parental leave or equal visitation schedule has been rebutted – and thus whether an equal visitation schedule would harm the children – all of the above factors, except the first, are additional the following:

1. The physical proximity of the parents to each other at the time of initial registration.

2. Wishes and concerns of the child, insofar as the child was questioned by the court in chambers.

3. The child’s interaction and interrelationship with parents, siblings and any other person who has a significant relationship with the child.

4. The child’s adjustment to the child’s home, school and community.

5. Whether a parent has consistently and intentionally interfered with or denied the other parent’s right to parental leave pursuant to a court order.

6. Whether a parent resides or plans to establish residency outside of the state.

In particular, under current Ohio custody laws, many of the factors listed above must already be considered by the court in determining the best interests of the children, both in terms of custody and parental leave or visitation perspective. However, HB 508’s proposed reorganization of those same or similar factors in the manner described above would require the court to look at the factors from a different angle – specifically whether or not those factors are contrary to the alleged best interests of the child. While not necessarily monumental, HB 508’s realignment of these factors would inherently result in a notable realignment of the current analysis.

HB 508 also proposes adjusting the legal standards and processes for a parent to amend or terminate a pre-existing custody order or arrangement. Interestingly, for any custody orders or agreements made under the current or any previous version of the Ohio Custody Act, HB 508 specifically states that those earlier orders will be enforced and amended under the new legal norms set forth in the proposed statute . Ultimately, this particular point, along with other nuances in the proposed language of HB 508, could result in an influx of motions to amend current custody orders or agreements, to the extent that HB 508 is actually passed.

THE POSSIBLE RESULTS OF HB 508

In practice, if adopted, would HB 508 encourage more joint parenting outcomes in custody cases in Ohio? Maybe – hard to say.

Despite the potential hurdles posed by Ohio’s current custody framework, co-parenting appears to have become the most common type of custody arrangement in Ohio in recent years, with many courts appearing to express an unspoken preference for it. As a result, perhaps the greatest practical effect of HB 508, if passed, would be to bring Ohio’s custody laws more in line with Ohio custody trend findings and require Ohio courts to promulgate new standard parental leave and visitation schedules Divide time with children evenly between parents.

Ultimately, the proof will be in the pudding. But for now, at least, the introduction of HB 508 and, if passed, the massive change, on paper at least, in Ohio’s child custody laws that it could result from, is certainly something to watch over the coming year.

At KJK Family Law, we understand how difficult it can be to deal with child custody issues, especially when applicable laws may soon be in flux. Rest assured that we will keep you informed of such developments.