Ohio Custody and Parenting Plans

Ohio uses the term "allocation of parental rights and responsibilities" for what other states call custody. Under Ohio Revised Code § 3109.04, courts can designate a single residential parent or approve a shared parenting plan where both parents serve as residential parents. Whether you're divorcing or establishing parentage, understanding Ohio's parenting framework is essential for creating a plan that serves your child's best interests.

This comprehensive guide walks you through Ohio's parenting laws, the 2025 legislative updates emphasizing parent-child relationships, overnight thresholds that affect child support, and step-by-step guidance for building a court-compliant parenting plan.

Ohio Parenting Terminology

Ohio uses specific legal terms that differ from traditional "custody" language in other states:

How many overnights will you have? Build your Ohio parenting schedule:

• Allocation of parental rights and responsibilities: The overall framework covering both decision-making and physical care
• Residential parent and legal custodian: The parent designated as primary when shared parenting is not ordered
• Shared parenting: Ohio's equivalent of joint custody—both parents are "residential parents" under the order
• Parenting time: The schedule for when the child is with each parent (often called "visitation" in other states)
• Companionship or visitation: Older term still used in some contexts

Shared Parenting in Ohio

Under R.C. 3109.04, Ohio courts may approve a shared parenting plan if it serves the child's best interests. Key features:

• Both parents are residential parents: Under shared parenting, both parents have legal "custody" to the extent specified in the plan
• Either or both parents may file: One or both parents can request shared parenting by filing a plan
• Court approval required: The court must find the plan is in the child's best interest
• If no shared parenting plan: The court designates one parent as the residential parent and legal custodian

What Your Parenting Plan Must Include

Ohio law requires shared parenting plans to include "provisions covering all factors that are relevant to the care of the children," including:

• Physical living arrangements: Where the child will reside and the parenting time schedule
• Child support obligations: How support will be calculated and paid
• Medical and dental care: Health insurance coverage and decision-making for healthcare
• School placement: Which school district and educational decisions
• Holiday and vacation schedule: Specific provisions for holidays, school breaks, and special occasions
• Transportation arrangements: Who provides transportation and exchange locations
• Communication provisions: How parents will communicate about the child

Best Interest Factors

Under R.C. 3109.04(F), Ohio courts consider multiple factors when allocating parental rights, including:

• The wishes of the child's parents
• The child's interaction and interrelationship with parents, siblings, and others
• 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 court-approved parenting time
• Whether either parent has failed to make child support payments
• Whether either parent or household member has been convicted of certain offenses
• Whether either parent has denied the other parenting time in violation of an order

Factors for Shared Parenting Specifically

When determining whether shared parenting is appropriate, courts additionally consider:

• The ability of the parents to cooperate and make joint decisions
• The ability of each parent to encourage sharing of love, affection, and contact with the other parent
• Any history of domestic violence, child abuse, or parental kidnapping
• The geographic proximity of the parents' residences
• The recommendation of the guardian ad litem, if appointed

2025 Update: Ohio Revised Code § 3109.401, amended effective January 1, 2025 by House Bill 33, emphasizes that "the parent-child relationship is of fundamental importance to the welfare of a child" and that "the relationship between a child and each parent should be fostered unless inconsistent with the child's best interests."

Need a Deeper Analysis?

The parenting schedule calculator above helps you visualize different arrangements. For a comprehensive report covering overnight thresholds, support adjustments, and a court-compliant plan, get your full analysis here.

Critical Overnight Thresholds

Ohio has two important overnight thresholds that significantly affect child support calculations:

90-Overnight Threshold (Automatic 10% Reduction)

Under R.C. 3119.051, when court-ordered parenting time equals or exceeds 90 overnights per year, the child support obligation is automatically reduced by 10%. Key points:

• This reduction is automatic—courts must apply it
• The reduction can be removed if the parent fails to exercise ordered parenting time without just cause
• This is in addition to any other deviations the court may grant

147-Overnight Threshold (Heightened Deviation Review)

Under R.C. 3119.231, when parenting time reaches 147 or more overnights (approximately 40% of the year):

• The court must specifically consider whether to deviate from the calculated support amount
• If the court declines to deviate, it must state the specific facts supporting that denial
• This heightened review recognizes the increased expenses of the non-residential parent with substantial parenting time

Child Support and Parenting Time

Your parenting time arrangement directly affects child support. Ohio uses the Income Shares model under R.C. Chapter 3119. Key features:

• Combined income range: Schedule starts at $8,400 annual combined income
• Income cap: $336,000 combined annual income (above this, court sets support case-by-case)
• Minimum order: $80/month for all children unless special circumstances exist
• Self-sufficiency reserve: 116% of federal poverty level for a single person, protecting low-income obligors
• 10% modification threshold: A 10% difference upon recalculation generally establishes substantial change for modification

Mediation and Parent Education

Ohio courts commonly use mediation for parenting disputes:

• Sup.R. 16: Requires courts using mediation to adopt local rules and screen for domestic violence
• DV limitations: Mediation cannot substitute for protection orders and is restricted when domestic violence is alleged
• Parent education: Many Ohio domestic relations courts require parent education classes in cases with minor children (varies by county)
• Guardian ad litem: Courts may appoint a GAL to investigate and make recommendations about parenting

Modifying Parenting Orders

Under R.C. 3109.04(E), modification standards apply:

• Two-step analysis: Courts first find a "change of circumstances," then apply the "best interests" standard
• Termination of shared parenting: Most Ohio courts use the "best interests" standard to terminate shared parenting
• Significant change required: Something meaningful must have changed since the original order
• Child's best interest: Any modification must serve the child's best interests

Dissolution vs. Divorce: Parenting Implications

Ohio offers two paths to end a marriage, each with different parenting implications:

• Dissolution: Both spouses file jointly with a complete agreement on parenting (among other issues); hearing required 30-90 days after filing
• Divorce: One spouse files; parenting issues may be contested and resolved through the court process

For dissolution, you must have your parenting plan finalized before filing.

Key Takeaways

• "Allocation of parental rights": Ohio's term for custody arrangements
• Shared parenting: Both parents serve as residential parents under a court-approved plan
• 90-overnight threshold: Triggers automatic 10% child support reduction
• 147-overnight threshold: Requires court to specifically consider support deviation
• Comprehensive plans required: Must address living arrangements, support, medical care, school, and holidays
• Best interests standard: All allocations based on child's best interests under R.C. 3109.04(F)
• 2025 update: HB 33 emphasizes importance of parent-child relationships
• $80 minimum support: Minimum child support order in Ohio

For general information about divorce processes, see our guide to fault vs. no-fault divorce. For help organizing your case, review our divorce document checklist.