Ohio Custody and Shared Parenting Overview

Ohio-Specific Custody Information

Ohio handles custody differently from many states, with a unique distinction between "custody" and "shared parenting." Understanding the difference is key to navigating Ohio family court.

Custody vs. Shared Parenting in Ohio

Ohio makes a formal distinction:

Custody: One parent is designated the residential parent and legal custodian. That parent makes major decisions. The other parent gets parenting time (visitation).
Shared parenting: Both parents share decision-making and parenting time through a detailed shared parenting plan. This is Ohio's version of "joint custody."

How to Get Shared Parenting

Either parent can file a shared parenting plan
Both parents can file a joint plan together
The court can suggest shared parenting and ask for plans
Each plan must be detailed: daily schedule, holidays, decision-making, communication

Critical Deadlines

Response deadline: 28 days from service for divorce actions and custody petitions
Shared parenting plan: Must be filed at least 30 days before trial (check your local rules)

Ohio's Best Interest Standard

Ohio Revised Code §3109.04 lists 16 specific factors the court considers:

Wishes of the parents
Wishes of the child (if the court interviews the child)
Child's interaction with parents, siblings, and others
Child's adjustment to home, school, and community
Mental and physical health of all parties
Which parent is more likely to facilitate the other parent's relationship
Support payment compliance
History of abuse or neglect
Geographic proximity of the parents

Guardian Ad Litem

Ohio courts commonly appoint a GAL in contested custody cases. The GAL investigates, interviews, and makes recommendations. Ohio uses both attorney GALs and volunteer GALs (CASA). Cost: $2,000–$5,000 typically split between parties.

Ohio E-Filing

Ohio's e-filing varies by county. Common systems:

Many counties use the Ohio Courts Network or county-specific e-filing portals
Search [your county] Ohio clerk of courts e-filing
Some counties still require in-person filing

Modification in Ohio

To modify custody or shared parenting, you must show a change in circumstances (Ohio Revised Code §3109.04(E)(1)(a)):

The change must be significant, not minor
The modification must be in the child's best interest
There may be a waiting period (typically the order must be at least 1 year old unless emergency)

Finding an Ohio Attorney

Ohio State Bar Referral: ohiobar.org
Ohio Legal Help: ohiolegalhelp.org
LawHelp.org — select Ohio

Parenting Education

Most Ohio courts require a parenting education class. Many counties have their own approved programs. Check with your court clerk for approved options in your county.

Next Steps

Note your 28-day response deadline
Decide whether to pursue custody or shared parenting — discuss with your attorney
Contact the Ohio Bar Referral Service
Check your county's e-filing requirements
If you want shared parenting, start drafting your shared parenting plan