Shared Parenting Plans in Ohio

Ohio uses the term shared parenting rather than “joint custody” to describe arrangements where both parents have significant rights and responsibilities after a divorce or dissolution. Shared parenting in Ohio is governed by ORC 3109.04 and requires a detailed written plan that the court must approve.

A shared parenting plan is not automatic. It must be proposed by one or both parents, and the court must find that it serves the best interests of the child before approving it. This article covers how shared parenting works in Ohio, what the plan must contain, the filing and approval process, and how to modify a plan after it is in place.

Shared Parenting vs. Sole Custody

Ohio courts can allocate parental rights and responsibilities in two ways:

• Sole custody: One parent is designated the residential parent and legal custodian. That parent makes major decisions and the child primarily resides with them. The other parent typically receives parenting time (visitation).
• Shared parenting: Both parents share decision-making authority and parenting time according to the terms of an approved shared parenting plan. The plan specifies how time and responsibilities are divided.

Shared parenting does not necessarily mean equal time. A shared parenting plan can allocate 60/40, 70/30, or any other division of time, as long as it serves the child’s best interests. What distinguishes shared parenting from sole custody is the shared legal authority over major decisions such as education, healthcare, and religious upbringing.

How to File a Shared Parenting Plan

Under ORC 3109.04(D), either or both parents may file a shared parenting plan. The plan can be filed:

• At the time of filing for divorce or dissolution
• Before the final hearing, at least 30 days before the trial date in a divorce case
• By either parent or jointly. If only one parent files a plan, the other parent may file their own competing plan. The court can adopt either plan, combine elements of both, or reject both and order sole custody.

In a dissolution case, the shared parenting plan is typically included as part of the separation agreement that both spouses sign before filing.

What the Plan Must Include

Ohio law requires a shared parenting plan to address specific topics. A plan that omits required elements will be rejected by the court. At a minimum, the plan must include:

Physical living arrangements

The plan must specify where the child will reside during the school year, summer, holidays, and school breaks. It should include a detailed schedule that both parents can follow without ambiguity.

Child support obligations

The plan must address child support. Ohio uses a statutory child support worksheet, and shared parenting does not eliminate the obligation of one parent to pay support if there is an income disparity. The court will calculate support based on both parents’ incomes and the amount of time each parent has the child.

Medical and dental care

The plan must specify which parent provides health insurance, how uncovered medical expenses are divided, and how medical decisions are made.

School and educational decisions

The plan should identify the child’s school district and address how decisions about education — including private school, tutoring, and special education — will be made.

Communication and access

The plan should include provisions for phone, video, and other communication between the child and the non-residential parent, as well as how parents will communicate with each other about the child.

Dispute resolution

Many plans include a provision requiring mediation or another dispute resolution process before either parent can return to court to resolve disagreements.

Tax exemptions

The plan should specify which parent claims the child as a dependent for tax purposes, or whether the exemption alternates between years.

Court Approval Process

Filing a shared parenting plan does not mean the court will approve it. Under ORC 3109.04(D)(1), the court must find that the plan is in the best interest of the child before issuing a shared parenting decree.

Best interest factors

Ohio courts consider the following factors (among others) under ORC 3109.04(F)(1):

• The wishes of the parents
• The wishes and concerns of the child (if the child is of sufficient age and maturity, or if the court interviews the child)
• The child’s interaction and relationships with parents, siblings, and other significant persons
• The child’s adjustment to home, school, and community
• The mental and physical health of all persons involved
• Which parent is more likely to honor and facilitate the other parent’s parenting time
• Whether either parent has failed to make required child support payments
• Whether either parent has been convicted of or pleaded guilty to domestic violence or child abuse
• Whether either parent has established or plans to establish a residence outside Ohio

The court is not required to hold a full hearing to approve a shared parenting plan if both parents agree to it and the court finds it to be in the child’s best interest. However, if there are competing plans or objections, the court will hold a hearing and may take testimony.

The court’s options

After reviewing the plan(s), the court may:

1. Approve one of the submitted plans as filed
2. Approve a modified version of a submitted plan
3. Reject all plans and allocate parental rights as sole custody to one parent

If the court rejects the plan, it must state its reasons on the record.

The Role of the Guardian ad Litem

In many Ohio shared parenting cases, the court appoints a guardian ad litem (GAL) to represent the child’s best interests. The GAL is typically an attorney who:

• Investigates the family situation (interviews parents, the child, teachers, and others)
• Reviews relevant records
• Files a written report with the court recommending a custody arrangement
• May testify at hearings

The GAL’s recommendation carries significant weight with the court, though the judge is not bound by it. GAL fees are typically split between the parents, and costs can range from $1,500 to $5,000 or more depending on the complexity of the case.

If you disagree with the GAL’s recommendation, you have the right to present evidence and cross-examine the GAL at the hearing.

Modifying a Shared Parenting Plan

Life changes, and shared parenting plans often need to be updated. Under ORC 3109.04(E)(2), either parent can request a modification of the shared parenting plan. The process depends on whether both parents agree to the change:

Agreed modifications

If both parents agree to a modification, they can file a revised plan with the court. The court will review it under the best interest standard and typically approve agreed modifications without a full hearing.

Contested modifications

If only one parent wants to change the plan, they must file a motion to modify. The court will consider:

• Whether there has been a change in circumstances since the current plan was adopted
• Whether the proposed modification is in the child’s best interest
• The same best interest factors used in the original determination

The standard for modifying a shared parenting plan is somewhat less demanding than the standard for changing sole custody, but the requesting parent still bears the burden of showing that a change is warranted.

Termination of shared parenting

Either parent can also move to terminate the shared parenting plan entirely. If the court terminates the plan, it will designate one parent as the sole residential parent and legal custodian. Termination requires a showing that shared parenting is no longer in the child’s best interest.

What to Do Next

A well-drafted shared parenting plan protects both parents’ rights and provides stability for the child. If you are considering shared parenting in Ohio, start by reviewing what the plan must cover and thinking about how you and the other parent can divide time and responsibilities in a way that works for your family.

For general information about custody arrangements, see our guides on types of child custody and how to create a parenting plan. If you are weighing equal time-sharing, our article on 50/50 custody explains the practical considerations.

An Ohio family law attorney can help you draft a plan that meets the statutory requirements and positions you well for court approval. Schedule a free consultation to discuss your situation.