Bill Text: OH HB253 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-06-08 - To Judiciary & Ethics [HB253 Detail]

Download: Ohio-2011-HB253-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 253

Representatives Weddington, Young 

Cosponsors: Representatives Burke, Reece, Yuko 

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A BILL

To amend sections 3105.65, 3109.03, 3109.04,

1

3109.041, 3109.043, 3109.051, 3109.09, 3109.56,

2

3119.022, 3119.24, 3313.98, and 5120.653 of the

3

Revised Code to ensure that court orders and

4

decrees that allocate parental rights and

5

responsibilities with respect to the care of and

6

access to children provide for equality between

7

the parents except where clear and convincing

8

evidence shows that equal legal and physical

9

access would be harmful to the children.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3105.65, 3109.03, 3109.04, 3109.041,	11
3109.043, 3109.051, 3109.09, 3109.56, 3119.022, 3119.24, 3313.98,	12
and 5120.653 be amended to read as follows:	13

Sec. 3105.65.  (A) If, at the time of the hearing, either	14
spouse is not satisfied with the separation agreement or does not	15
wish a dissolution of the marriage and if neither spouse files a	16
motion pursuant to division (C) of this section to convert the	17
action to an action for divorce, the court shall dismiss the	18
petition and refuse to validate the proposed separation agreement.	19

(B) If, upon review of the testimony of both spouses and of	20
the report of the investigator pursuant to the Rules of Civil	21
Procedure, the court approves the separation agreement and any	22
amendments to it agreed upon by the parties, it shall grant a	23
decree of dissolution of marriage that incorporates the separation	24
agreement. If the separation agreement contains a plan for the	25
exercise of shared parentingequal legal and physical access by	26
the spouses, the court shall review the plan in accordance with	27
the provisions of division (D)(1) of section 3109.04 of the	28
Revised Code that govern the review of a pleading or motion	29
requesting shared parentingequal legal and physical access	30
jointly submitted by both spouses to a marriage. A decree of	31
dissolution of marriage has the same effect upon the property	32
rights of the parties, including rights of dower and inheritance,	33
as a decree of divorce. The court has full power to enforce its	34
decree and retains jurisdiction to modify all matters pertaining	35
to the allocation of parental rights and responsibilities for the	36
care of the children, to the designation of a residential parent	37
and legal custodian of the children, to child support, to	38
parenting time of parents with the children, and to visitation for	39
persons who are not the children's parents. The court, only in	40
accordance with division (E)(2) of section 3105.18 of the Revised	41
Code, may modify the amount or terms of spousal support. The court	42
may modify the division of property provided in the separation	43
agreement only upon the express written consent or agreement of	44
both spouses.	45

(C) At any time before a decree of dissolution of marriage	46
has been granted under division (B) of this section, either spouse	47
may convert the action for dissolution of marriage into a divorce	48
action by filing a motion with the court in which the action for	49
dissolution of marriage is pending for conversion of the action	50
for dissolution of marriage. The motion shall contain a complaint	51
for divorce that contains grounds for a divorce and that otherwise	52
complies with the Rules of Civil Procedure and this chapter. The	53
divorce action then shall proceed in accordance with the Rules of	54
Civil Procedure in the same manner as if the motion had been the	55
original complaint in the action, including, but not limited to,	56
the issuance and service of summons pursuant to Civil Rules 4 to	57
4.6, except that no court fees shall be charged upon conversion of	58
the action for dissolution of marriage into a divorce action under	59
this division.	60

Sec. 3109.03.  When husband and wife are living separate and	61
apart from each other, or are divorced, and the question as to the	62
parental rights and responsibilities for the care of their	63
children and the place of residence and legal custodian of their	64
children is brought before a court of competent jurisdiction, they	65
shall stand upon an equality as to the parental rights and	66
responsibilities for the care of their children and the place of	67
residence and legal custodian of their children, so far as	68
parenthood is involved.	69

Except as otherwise provided in section 3109.04 of the	70
Revised Code, in making at any stage of a proceeding any order or	71
decree that allocates parental rights and responsibilities	72
regarding the care of and access to the children of the parents, a	73
court shall grant equal legal and physical access to the parents	74
unless it finds by clear and convincing evidence that equal legal	75
and physical access would be harmful to the children. Whenever a	76
court makes an order or decree that does not provide for equal	77
legal and physical access, it shall explain in writing the reasons	78
for its determination.	79

Sec. 3109.04.  (A) In any divorce, legal separation, or	80
annulment proceeding and in any proceeding pertaining to the	81
allocation of parental rights and responsibilities for the care of	82
a child, upon hearing the testimony of either or both parents and	83
considering any mediation report filed pursuant to section	84
3109.052 of the Revised Code and in accordance with sections	85
3127.01 to 3127.53 of the Revised Code, the court shall allocate	86
the parental rights and responsibilities for the care of the minor	87
children of the marriage. Subject toin accordance with division	88
(D)(2) of this section, the court may allocate the parental rights	89
and responsibilities for the care of the children in either of the	90
following ways:	91

(1) If neither parent files a pleading or motion in	92
accordance with division (G) of this section, if at least one	93
parent files a pleading or motion under that division but no	94
parent who filed a pleading or motion under that division also	95
files a plan for shared parenting, or if at least one parent files	96
both a pleading or motion and a shared parenting plan under that	97
division but no plan for shared parenting is in the best interest	98
of the children, the court, in a manner consistent with the best	99
interest of the children, shall allocate the parental rights and	100
responsibilities for the care of the children primarily to one of	101
the parents, designate that parent as the residential parent and	102
the legal custodian of the child, and divide between the parents	103
the other rights and responsibilities for the care of the	104
children, including, but not limited to, the responsibility to	105
provide support for the children and the right of the parent who	106
is not the residential parent to have continuing contact with the	107
children.	108

(2) If at least one parent files a pleading or motion in	109
accordance with division (G) of this section and a plan for shared	110
parenting pursuant to that division and if a plan for shared	111
parenting is in the best interest of the children and is approved	112
by the court in accordance with division (D)(1) of this section,	113
the court may allocate the parental rights and responsibilities	114
for the care of the children to both parents and issue a shared	115
parenting order requiring the parents to share all or some of the	116
aspects of the physical and legal care of the children in	117
accordance with the approved plan for shared parenting. If	118

If the court issues a shared parentingan order for equal	119
legal and physical access under this divisionsection and it is	120
necessary for the purpose of receiving public assistance, the	121
court shall designate which one of the parents' residences is to	122
serve as the child's home. This designation shall be for the sole	123
purpose of receiving public assistance and shall not affect the	124
designation under division (K)(6) of this section of each parent	125
as the "residential parent," the "residential parent and legal	126
custodian," or the "custodial parent" of the child. The child	127
support obligations of the parents under a shared parentingan	128
order for equal legal and physical access issued under this	129
divisionsection shall be determined in accordance with Chapters	130
3119., 3121., 3123., and 3125. of the Revised Code and shall grant	131
appropriate child support deviations to account for equal legal	132
and physical access as provided in section 3119.24 of the Revised	133
Code.	134

(B)(1) When making the allocation of the parental rights and	135
responsibilities for the care of the children under this section	136
in an original proceeding or in any proceeding for modification of	137
a prior order of the court making the allocation, the court shall	138
take into account that which would be in the best interest of the	139
children. In determining the child's best interest for purposes of	140
making its allocation of the parental rights and responsibilities	141
for the care of the child and for purposes of resolving any issues	142
related to the making of that allocation, the court, in its	143
discretion, may and, upon the request of either party, shall	144
interview in chambers any or all of the involved children	145
regarding their wishes and concerns with respect to the	146
allocation.	147

(2) If the court interviews any child pursuant to division	148
(B)(1) of this section, all of the following apply:	149

(a) The court, in its discretion, may and, upon the written	150
motion of either parent, shallmay appoint a guardian ad litem for	151
the child. If the court appoints a guardian ad litem, the court	152
shall order that the costs of the guardian ad litem be divided	153
equally between the parties.	154

(b) The court first shall determine the reasoning ability of	155
the child. If the court determines that the child does not have	156
sufficient reasoning ability to express the child's wishes and	157
concern with respect to the allocation of parental rights and	158
responsibilities for the care of the child, it shall not determine	159
the child's wishes and concerns with respect to the allocation. If	160
the court determines that the child has sufficient reasoning	161
ability to express the child's wishes or concerns with respect to	162
the allocation, it then shall determine whether, because of	163
special circumstances, it would not be in the best interest of the	164
child to determine the child's wishes and concerns with respect to	165
the allocationexist. If the court determines that, because of	166
special circumstances, it would not be in the best interest of the	167
child to determine the child's wishes and concerns with respect to	168
the allocation, it shall not determine the child's wishes and	169
concerns with respect to the allocation and shall enter its	170
written findings of fact and opinion in the journal. If the court	171
determines that it would be in the best interests of the child to	172
determine the child's wishes and concerns with respect to the	173
allocation, it shall proceed to make that determination.	174

(c) The interview shall be conducted in chambers, and no	175
person other than the child, the child's attorney, the judge, any	176
necessary court personnel, and, in the judge's discretion, the	177
attorney of each parent shall be permitted to be present in the	178
chambers during the interview.	179

(3) No person shall obtain or attempt to obtain from a child	180
a written or recorded statement or affidavit setting forth the	181
child's wishes and concerns regarding the allocation of parental	182
rights and responsibilities concerning the child. No court, in	183
determining the child's best interest for purposes of making its	184
allocation of the parental rights and responsibilities for the	185
care of the child or for purposes of resolving any issues related	186
to the making of that allocation, shall accept or consider a	187
written or recorded statement or affidavit that purports to set	188
forth the child's wishes and concerns regarding those matters.	189

(C) Prior to trial, the court may cause an investigation to	190
be made as to the character, family relations, past conduct,	191
earning ability, and financial worth of each parent and may order	192
the parents and their minor children to. If either party files a	193
written motion requesting that the parties submit to medical,	194
psychological, and psychiatric examinations, the court, in its	195
discretion, may order the examinations to be conducted and may	196
divide the costs of the examinations equally between the parties	197
or tax the costs to the moving party. The report of the	198
investigation and examinations shall be made available to either	199
parent or the parent's counsel of record not less than five	200
fifteen days before trial, upon written request. The report shall	201
be signed by the investigator, and the investigator shall be	202
subject to cross-examination by either parent concerning the	203
contents of the report. The court may tax as costs all or any part	204
of the expenses for each investigation. An investigator shall	205
conduct any investigation independent of the court.	206

If the court determines that either parent previously has	207
been convicted of or pleaded guilty to any criminal offense	208
involving any act that resulted in a child being a neglected	209
child, that either parent previously has been determined to be the	210
perpetrator of the neglectful act that is the basis of an	211
adjudication that a child is a neglected child, or that there is	212
reason to believe that either parent has acted in a manner	213
resulting in a child being a neglected child, the court shall	214
consider that fact against naming that parent the residential	215
parent and against granting a shared parentingan equal legal and	216
physical access decree. When the court allocates parental rights	217
and responsibilities for the care of children or determines	218
whether to grant shared parentingequal legal and physical access	219
in any proceeding, it shall consider whether either parent or any	220
member of the household of either parent has been convicted of or	221
pleaded guilty to a violation of section 2919.25 of the Revised	222
Code or a sexually oriented offense involving a victim who at the	223
time of the commission of the offense was a member of the family	224
or household that is the subject of the proceeding, has been	225
convicted of or pleaded guilty to any sexually oriented offense or	226
other offense involving a victim who at the time of the commission	227
of the offense was a member of the family or household that is the	228
subject of the proceeding and caused physical harm to the victim	229
in the commission of the offense, or has been determined to be the	230
perpetrator of the abusive act that is the basis of an	231
adjudication that a child is an abused child. If the court	232
determines that either parent has been convicted of or pleaded	233
guilty to a violation of section 2919.25 of the Revised Code or a	234
sexually oriented offense involving a victim who at the time of	235
the commission of the offense was a member of the family or	236
household that is the subject of the proceeding, has been	237
convicted of or pleaded guilty to any sexually oriented offense or	238
other offense involving a victim who at the time of the commission	239
of the offense was a member of the family or household that is the	240
subject of the proceeding and caused physical harm to the victim	241
in the commission of the offense, or has been determined to be the	242
perpetrator of the abusive act that is the basis of an	243
adjudication that a child is an abused child, it may designate	244
that parent as the residential parent and may issue a shared	245
parentingan equal legal and physical access decree or order only	246
if it determines that it is in the best interest of the child to	247
name that parent the residential parent or to issue a shared	248
parentingan equal legal and physical access decree or order and	249
it makes specific written findings of fact to support its	250
determination.	251

(D)(1)(a) Upon the filing of a pleading or motion by either	252
parent or both parents, in accordance with division (G) of this	253
section, requesting shared parenting and the filing of a shared	254
parenting plan in accordance with that division, theThe court	255
shall comply with division (D)(1)(a)(i), (ii), or (iii) of this	256
section, whichever is applicableallocate parental rights and	257
responsibilities as follows:	258

(i) If, under division (G) of this section, both parents	259
jointly make the request equal legal and physical access in their	260
pleadings or jointly file thea motion for equal legal and	261
physical access and also jointly file thea plan for equal legal	262
and physical access, the court shall review the parents' plan to	263
determine if it is in the best interest of the children. If the	264
court determines that the plan is in the best interest of the	265
children, the court shall approve it. If the court determines that	266
the plan or any part of the plan is not in the best interest of	267
the children, the court shall require the parents to make	268
appropriate changes to the plan to meet the court's objections to	269
it. If changes to the plan are made to meet the court's	270
objections, and if the new plan is in the best interest of the	271
children, the court shall approve the plan. If changes to the plan	272
are not made to meet the court's objections, or if the parents	273
attempt to make changes to the plan to meet the court's	274
objections, but the court determines that the new plan or any part	275
of the new plan still is not in the best interest of the children,	276
the court may reject the portion of the parents' pleadings or deny	277
their motion requesting shared parenting of the children and	278
proceed as if the request in the pleadings or the motion had not	279
been made. The court shall not approve a plan under this division	280
unless it determines that the plan is in the best interest of the	281
childrenapprove the plan. If the court, prior to approving the	282
plan, finds by clear and convincing evidence that equal legal and	283
physical access would be harmful to the children, the court shall	284
proceed in accordance with division (D)(1)(a)(v) of this section.	285
If the court approves the plan or rejects the plan and proceeds in	286
accordance with division (D)(1)(a)(v) of this section, the court	287
shall enter in the record of the case findings of fact and	288
conclusions of law as to the reasons for the approval or rejection	289
of the plan.	290

(ii) If, under division (G) of this section, each parent	291
makes a request in the parent's pleadings or files a motion and	292
each also files a separate plan, the court shall review each plan	293
filed to determine if either is in the best interest of the	294
children. If the court determines that one of the filed plans is	295
in the best interest of the childrenprovides for more equality	296
with regard to the rights and responsibilities for the care of and	297
access to the children, the court mayshall approve thethat plan.	298
If the court determines that neither filed plan is in the best	299
interest of the childrenprovides equal legal and physical access,	300
the court may order each parent to submit appropriate changes to	301
the parent's plan or both of the filed plans to meet the court's	302
objections, or may select one of the filed plans and order each	303
parent to submit appropriate changes to the selected plan to meet	304
the court's objections. If changes to the plan or plans are	305
submitted to meet the court's objections, and if any of the filed	306
plans with the changes is in the best interest ofprovides for	307
equal legal and physical access to the children, the court may	308
shall approve thethat plan with the changes. If changes to the	309
plan or plans are not submitted to meet the court's objections, or	310
if the parents submit changes to the plan or plans to meet the	311
court's objections but the court determines that none of the filed	312
plans with the submitted changes is in the best interest of the	313
children, the court may reject the portion of the parents'	314
pleadings or deny their motions requesting shared parenting of the	315
children and proceed as if the requests in the pleadings or the	316
motions had not been madeIf the court, prior to approving the	317
plan, finds by clear and convincing evidence that equal legal and	318
physical access would be harmful to the children, the court shall	319
proceed in accordance with division (D)(1)(a)(v) of this section.	320
If	321

If the court approves a plan under this division, either as	322
originally filed or with submitted changes, or if the court	323
rejects the portion of the parents' pleadings or denies their	324
motions requesting shared parentingequal legal and physical	325
access under this division (D)(1)(a)(ii) of this section and	326
proceeds as if the requests in the pleadings or the motions had	327
not been madein accordance with division (D)(1)(a)(v) of this	328
section, the court shall enter in the record of the case findings	329
of fact and conclusions of law as to the reasons for the approval	330
or the rejection or denial. Division (D)(1)(b) of this section	331
applies in relation to the approval or disapproval of a plan under	332
this division.	333

(iii) If, under division (G) of this section, each parent	334
makes a request for equal legal and physical access in the	335
parent's pleadings or files a motion for equal legal and physical	336
access but only one parent files a plan for equal legal and	337
physical access, or if only one parent makes a request in the	338
parent's pleadings or files a motion and also files a plan, the	339
court in the best interest of the children may order the other	340
parent to file a plan for shared parentingequal legal and	341
physical access in accordance with division (G) of this section.	342
The court shall review each plan filed to determine if any plan is	343
in the best interest of the children. If the court determines that	344
one of the filed plans is in the best interest of the children	345
provides for more equality with regard to the rights and	346
responsibilities for the care of and access to the children, the	347
court mayshall approve the plan. If the court determines that no	348
filed plan is in the best interest of the childrenprovides for	349
equal legal and physical access, the court may order each parent	350
to submit appropriate changes to the parent's plan or both of the	351
filed plans to meet the court's objections or may select one filed	352
plan and order each parent to submit appropriate changes to the	353
selected plan to meet the court's objections. If changes to the	354
plan or plans are submitted to meet the court's objections, and if	355
any of the filed plans with the changes is in the best interest of	356
the childrenprovides for equal legal and physical access, the	357
court mayshall approve the plan with the changes. If changes to	358
the plan or plans are not submitted to meet the court's	359
objections, or if the parents submit changes to the plan or plans	360
to meet the court's objections but the court determines that none	361
of the filed plans with the submitted changes is in the best	362
interest of the children, the court may reject the portion of the	363
parents' pleadings or deny the parents' motion or reject the	364
portion of the parents' pleadings or deny their motions requesting	365
shared parenting of the children and proceed as if the request or	366
requests or the motion or motions had not been madethe court,	367
prior to approving the plan, finds by clear and convincing	368
evidence that equal legal and physical access would be harmful to	369
the children, the court shall proceed in accordance with division	370
(D)(1)(a)(v) of this section. If	371

If the court approves a plan under this division, either as	372
originally filed or with submitted changes, or if the court	373
rejects the portion of the pleadings or denies the motion or	374
motions requesting shared parentingequal legal and physical	375
access under this division (D)(1)(a)(iii) of this section and	376
proceeds as if the request or requests or the motion or motions	377
had not been madein accordance with division (D)(1)(a)(v) of this	378
section, the court shall enter in the record of the case findings	379
of fact and conclusions of law as to the reasons for the approval	380
or the rejection or denial. Division (D)(1)(b) of this section	381
applies in relation to the approval or disapproval of a plan under	382
this division.	383

(iv) If only one parent files a pleading or motion in	384
accordance with division (G) of this section and a plan for equal	385
legal and physical access, the court shall approve the plan unless	386
the court determines that the plan does not provide for equal	387
legal and physical access. If the court determines that the plan	388
does not provide for equal legal and physical access, the court	389
may order the parent to submit appropriate changes to the plan to	390
meet the court's objections. If changes to the plan are submitted	391
to meet the court's objections and if the filed plan with changes	392
provides for equal legal and physical access, the court shall	393
approve the plan with the changes. If the court prior to approving	394
the plan finds by clear and convincing evidence that equal legal	395
and physical access would be harmful to the children, the court	396
shall proceed in accordance with division (D)(1)(a)(v) of this	397
section.	398

If the court approves the plan under this division either as	399
originally filed or with submitted changes or if the court rejects	400
the portion of the pleadings or denies the motion or motions	401
requesting equal legal and physical access under division	402
(D)(1)(a)(iv) of this section and proceeds in accordance with	403
division (D)(1)(a)(v) of this section, the court shall enter in	404
the record of the case findings of fact and conclusions of law as	405
to the reasons for the approval or the rejection or denial.	406
Division (D)(1)(b) of this section applies to the approval or	407
disapproval of a plan under this division.	408

(v) If neither parent files a pleading or motion in	409
accordance with division (G) of this section or if the court finds	410
by clear and convincing evidence that equal legal and physical	411
access would be harmful to the children, the court shall allocate	412
parental rights and responsibilities in a manner consistent with	413
the best interests of the children.	414

The court shall enter into the record all findings of fact	415
and conclusions of law related to the allocation of parental	416
rights and responsibilities under division (D)(1)(a)(v) of this	417
section.	418

(b) The approval of a plan under division (D)(1)(a)(ii) or	419
(iii) of this section is discretionary with the court. The court	420
shall not approve more than one plan under either division and	421
shall not approve a plan under either division unless it	422
determines that the plan is in the best interest of the children.	423
If the court, under either division, does not determine that any	424
filed plan or any filed plan with submitted changes is in the best	425
interest of the children, the court shall not approve any plan	426
(D)(1)(a)(ii) or (iii) of this section.	427

(c) Whenever possible, theThe court shall require that a	428
shared parenting plan for equal legal and physical access approved	429
under division (D)(1)(a)(i), (ii), or (iii), or (iv) of this	430
section ensure the opportunity for both parents to have frequent	431
and continuing contact with the child, unless frequent and	432
continuing contact with any parent would not be in the best	433
interest of the child, to the greatest extent possible, that	434
parental rights and responsibilities for the care of and access to	435
the children are allocated to the parents on an equal basis.	436

(d) If a court approves a shared parenting plan for equal	437
legal and physical access under division (D)(1)(a)(i), (ii), or	438
(iii), or (iv) of this section, the approved plan shall be	439
incorporated into a final shared parentingequal legal and	440
physical access decree granting the parents the shared parenting	441
ofequal legal and physical access to the children. Any final	442
shared parentingequal legal and physical access decree shall be	443
issued at the same time as and shall be appended to the final	444
decree of dissolution, divorce, annulment, or legal separation	445
arising out of the action out of which the question of the	446
allocation of parental rights and responsibilities for the care of	447
the children arose.	448

No provisional shared parenting decree shall be issued in	449
relation to any shared parenting plan approved under division	450
(D)(1)(a)(i), (ii), or (iii) of this section. A final shared	451
parenting decree issued under this division has immediate effect	452
as a final decree on the date of its issuance, subject to	453
modification or termination as authorized by this section.	454

(2) If the court finds by clear and convincing evidence, with	455
respect to any child under eighteen years of age, that it is in	456
the best interest of the child for neither parent to be designated	457
the residential parent and legal custodian of the child, it may	458
temporarily commit the child to a relative of the child orand	459
shall certify a copy of its findings, together with as much of the	460
record and the further information, in narrative form or	461
otherwise, that it considers necessary or as the juvenile court	462
requests, to the juvenile court for further proceedings, and, upon	463
the certification, the juvenile court has exclusive jurisdiction.	464

(E)(1)(a) The court shall not modify a prior decree	465
allocating parental rights and responsibilities for the care of	466
children unless it finds, based on facts that have arisen since	467
the prior decree or that were unknown to the court at the time of	468
the prior decree, that a substantial change has occurred in the	469
circumstances of the child, the child's residential parent, or	470
either of the parents subject to a shared parenting decree, and	471
that the modification is necessary to serve the best interest of	472
the child. In applying these standards, the court shall retain the	473
residential parent designated by the prior decree or the prior	474
shared parenting decree, unless a modification is in the best	475
interest of the child and one of the following applies:	476

(i) The residential parent agrees to a change in the	477
residential parent or both parents under a shared parenting decree	478
agree to a change in the designation of residential parent.	479

(ii) The child, with the consent of the residential parent or	480
of both parents under a shared parenting decree, has been	481
integrated into the family of the person seeking to become the	482
residential parent.	483

(iii) The harm likely to be caused by a change of environment	484
is outweighed by the advantages of the change of environment to	485
the child.	486

(b) One or both of the parents under a prior decree	487
allocating parental rights and responsibilities for the care of	488
children that is not a shared parentingan equal legal and	489
physical access decree may file a motion requesting that the prior	490
decree be modified to give both parents shared rights and	491
responsibilities for the care ofequal legal and physical access	492
to the children. The motion shall include both a request for	493
modification of the prior decree and a request for a shared	494
parentingan order for equal legal and physical access that	495
complies with division (G) of this section. Upon the filing of the	496
motion, if the court determines that a modification of the prior	497
decree is authorized under division (E)(1)(a) of this section, the	498
court may modify the prior decree to grant a shared parentingan	499
order for equal legal and physical access, provided that the court	500
shall not modify the prior decree to grant a shared parentingan	501
order for equal legal and physical access unless the court	502
complies with divisions (A) and (D)(1) of this section and, in	503
accordance with those divisions, approves the submitted shared	504
parenting plan for equal legal and physical access and determines	505
that shared parentingequal legal and physical access would be in	506
the best interest of the children.	507

(c) If the court allocates parental rights and	508
responsibilities for the care of and access to the children under	509
division (E)(1) of this section in an unequal manner on the	510
grounds that one of the parents is unsuitable for equal legal and	511
physical access, the court shall create a plan to allow that	512
parent to eliminate the reasons for the unsuitability. When the	513
unsuitable parent removes the grounds for the finding of	514
unsuitability, the court, upon a motion by that parent, shall	515
modify its order or decree to provide for equal legal and physical	516
access.	517

(2) In addition to a modification authorized under division	518
(E)(1) of this section:	519

(a) Both parents under a shared parentingan equal legal and	520
physical access decree jointly may modify the terms of the plan	521
for shared parentingequal legal and physical access approved by	522
the court and incorporated by it into the shared parentingequal	523
legal and physical access decree. Modifications under this	524
division may be made at any time. The modifications to the plan	525
shall be filed jointly by both parents with the court, and the	526
court shall include them in the plan, unless they are not in the	527
best interest of the children. If the modifications are not in the	528
best interests of the children, the court, in its discretion, may	529
reject the modifications or make modifications to the proposed	530
modifications or the plan that are in the best interest of the	531
children. Modifications jointly submitted by both parents under a	532
shared parentingan equal legal and physical access decree shall	533
be effective, either as originally filed or as modified by the	534
court, upon their inclusion by the court in the plan.	535
Modifications to the plan made by the court shall be effective	536
upon their inclusion by the court in the plan.	537

(b) The court may modify the terms of the plan for shared	538
parentingequal legal and physical access approved by the court	539
and incorporated by it into the shared parentingequal legal and	540
physical access decree upon its owna motion by one or both of the	541
parents at any time if the court determines that the modifications	542
are in the best interest of the children or upon the request of	543
one or both of the parents under the decree. Modifications under	544
this division may be made at any time. The court shall not make	545
any modification to the plan under this division, unless the	546
modification is in the best interest of the children.	547

(c) The court may terminate a prior final shared parenting	548
equal legal and physical access decree that includes a shared	549
parenting plan for equal legal and physical access approved under	550
division (D)(1)(a)(i) of this section upon the request of one or	551
both of the parents or whenever it determines by clear and	552
convincing evidence that shared parentingequal legal and physical	553
access is not in the best interest of the children. The court may	554
terminate a prior final shared parentingequal legal and physical	555
access decree that includes a shared parenting plan for equal	556
legal and physical access approved under division (D)(1)(a)(ii) or	557
(iii) of this section if it determines, upon its own motion or	558
upon the request of one or both parents, that shared parenting	559
equal legal and physical access is not in the best interest of the	560
children. If modification of the terms of the plan for shared	561
parentingequal legal and physical access approved by the court	562
and incorporated by it into the final shared parentingequal legal	563
and physical access decree is attempted under division (E)(2)(a)	564
of this section and the court rejects the modifications, it may	565
terminate the final shared parentingequal legal and physical	566
access decree if it determines that shared parentingequal legal	567
and physical access is not in the best interest of the children.	568

(d) Upon the termination of a prior final shared parenting	569
equal legal and physical access decree under division (E)(2)(c) of	570
this section, the court shall proceed and issue a modified decree	571
for the allocation of parental rights and responsibilities for the	572
care of the children under the standards applicable under	573
divisions (A), (B), and (C) of this section as if no decree for	574
shared parentingequal legal and physical access had been granted	575
and as if no request for shared parentingequal legal and physical	576
access ever had been made.	577

(e) If the court allocates parental rights and	578
responsibilities for the care of and access to the children under	579
division (E)(2) of this section in an unequal manner on the	580
grounds that one of the parents is unsuitable for equal legal and	581
physical access, and that parent removes the grounds for the	582
finding of unsuitability, the court, upon a motion by that parent,	583
shall modify its order or decree to provide for equal legal and	584
physical access.	585

(F)(1) In all determinations concerning the allocation of	586
parental rights and responsibilities for the care of and access to	587
children, there shall be a presumption that an equal allocation	588
between the parents of rights and responsibilities for the care of	589
and access to the children is in the best interest of the	590
children. In the absence of clear and convincing evidence that an	591
equal allocation would be harmful to the children, the court shall	592
allocate parental rights and responsibilities for the care of and	593
access to the children in a way that is equal. In determining the	594
best interest of a child pursuant to this section when there is	595
clear and convincing evidence that an equal allocation would be	596
harmful to the children, whether on an original decree allocating	597
parental rights and responsibilities for the care of children or a	598
modification of a decree allocating those rights and	599
responsibilities, the court shall consider all relevant factors,	600
including, but not limited to:	601

(a) The wishes of the child's parents regarding the child's	602
care;	603

(b) If the court has interviewed the child in chambers	604
pursuant to division (B) of this section regarding the child's	605
wishes and concerns as to the allocation of parental rights and	606
responsibilities concerning the child, the wishes and concerns of	607
the child, as expressed to the court;	608

(c) The child's interaction and interrelationship with the	609
child's parents, siblings, and any other person who may	610
significantly affect the child's best interest;	611

(d) The child's adjustment to the child's home, school, and	612
community;	613

(e) The mental and physical health of all persons involved in	614
the situation;	615

(f) The parent more likely to honor and facilitate	616
court-approved parenting time rights or visitation and	617
companionship rights;	618

(g) Whether either parent has failed to make all child	619
support payments, including all arrearages, that are required of	620
that parent pursuant to a child support order under which that	621
parent is an obligor and whether that parent had the ability to	622
pay the support ordered;	623

(h) Whether either parent or any member of the household of	624
either parent previously has been convicted of or pleaded guilty	625
to any criminal offense involving any act that resulted in a child	626
being an abused child or a neglected child; whether either parent,	627
in a case in which a child has been adjudicated an abused child or	628
a neglected child, previously has been determined to be the	629
perpetrator of the abusive or neglectful act that is the basis of	630
an adjudication; whether either parent or any member of the	631
household of either parent previously has been convicted of or	632
pleaded guilty to a violation of section 2919.25 of the Revised	633
Code or a sexually oriented offense involving a victim who at the	634
time of the commission of the offense was a member of the family	635
or household that is the subject of the current proceeding;	636
whether either parent or any member of the household of either	637
parent previously has been convicted of or pleaded guilty to any	638
offense involving a victim who at the time of the commission of	639
the offense was a member of the family or household that is the	640
subject of the current proceeding and caused physical harm to the	641
victim in the commission of the offense; and whether there is	642
reason to believe that either parent has acted in a manner	643
resulting in a child being an abused child or a neglected child;	644

(i) Whether the residential parent or one of the parents	645
subject to a shared parentingan equal legal and physical access	646
decree has continuously and willfully denied the other parent's	647
right to parenting time in accordance with an order of the court;	648

(j) Whether either parent has established a residence, or is	649
planning to establish a residence, outside this state.	650

(2) In determining whether shared parentingequal legal and	651
physical access is in the best interest of the children, the court	652
shall consider all relevant factors, including, but not limited	653
to, the factors enumerated in division (F)(1) of this section, the	654
factors enumerated in section 3119.23 of the Revised Code, and all	655
of the following factors:	656

(a) The ability of the parents to cooperate and make	657
decisions jointly, with respect to the children;	658

(b) The ability of each parent to encourage the sharing of	659
love, affection, and contact between the child and the other	660
parent;	661

(c) Any clear and convincing evidence of a history of, or	662
potential for, child abuse, spouse abuse, other domestic violence,	663
or parental kidnapping by either parent;	664

(d) The geographic proximity of the parents to each other, as	665
the proximity relates to the practical considerations of shared	666
parentingequal legal and physical access;	667

(e) The recommendation of the guardian ad litem of the child,	668
if the child has a guardian ad litem.	669

(3) When allocating parental rights and responsibilities for	670
the care of children, the court shall not give preference to a	671
parent because of that parent's financial status or condition.	672

(G) Either parent or both parents of any children may file a	673
pleading or motion with the court requesting the court to grant	674
both parents shared parental rights and responsibilities for the	675
care ofequal legal and physical access to the children in a	676
proceeding held pursuant to division (A) of this section. If a	677
pleading or motion requesting shared parentingequal legal and	678
physical access is filed, the parent or parents filing the	679
pleading or motion also shall file with the court a plan for the	680
exercise of shared parentingequal legal and physical access by	681
both parents. If each parent files a pleading or motion requesting	682
shared parentingequal legal and physical access but only one	683
parent files a plan or if only one parent files a pleading or	684
motion requesting shared parentingequal legal and physical access	685
and also files a plan, the other parent as ordered by the court	686
shall file with the court a plan for the exercise of shared	687
parentingequal legal and physical access by both parents. The	688
plan for shared parentingequal legal and physical access shall be	689
filed with the petition for dissolution of marriage, if the	690
question of parental rights and responsibilities for the care of	691
the children arises out of an action for dissolution of marriage,	692
or, in other cases, at a time at least thirty days prior to the	693
hearing on the issue of the parental rights and responsibilities	694
for the care of the children. A plan for shared parentingequal	695
legal and physical access shall include provisions covering all	696
factors that are relevant to the care of the children, including,	697
but not limited to, provisions covering factors such as physical	698
living arrangements, child support obligations, provision for the	699
children's medical and dental care, school placement, and the	700
parent with which the children will be physically located during	701
legal holidays, school holidays, and other days of special	702
importance.	703

(H) If an appeal is taken from a decision of a court that	704
grants or modifies a decree allocating parental rights and	705
responsibilities for the care of children, the court of appeals	706
shall give the case calendar priority and handle it expeditiously.	707

(I) Upon receipt of an order to active military service in	708
the uniformed services, a parent who is subject to an order	709
allocating parental rights and responsibilities or in relation to	710
whom an action to allocate parental rights and responsibilities is	711
pending and who is ordered to active military service shall notify	712
the other parent who is subject to the order or in relation to	713
whom the case is pending of the order to active military service	714
within three days of receiving the military service order. Either	715
parent may apply to the court for a hearing to expedite an	716
allocation or modification proceeding. The application shall	717
include the date on which the active military service begins.	718

The court shall schedule a hearing upon receipt of the	719
application and hold the hearing not later than thirty days after	720
receipt of the application, except that the court shall give the	721
case calendar priority and handle the case expeditiously if	722
exigent circumstances exist in the case.	723

The court shall not modify a prior decree allocating parental	724
rights and responsibilities unless the court determines that there	725
has been a change in circumstances of the child, the child's	726
residential parent, or either of the parents subject to a shared	727
parentingan equal legal and physical access decree, and that	728
modification is necessary to serve the best interest of the child.	729
The court may consider active military service in the uniformed	730
services in determining whether a change in circumstances exists	731
under this section and shall make specific written findings of	732
fact to support any modification under this division.	733

Upon application by either parent, the court may modify a	734
prior decree allocating parental rights and responsibilities after	735
the parent's active military service has been terminated, hearing	736
testimony and making specific written findings of fact to support	737
the modification.	738

Nothing in this division shall prevent a court from issuing a	739
temporary order allocating or modifying parental rights and	740
responsibilities for the duration of the parent's active military	741
service.	742

(J) As used in this section:

743

(1) "Abused child" has the same meaning as in section	744
2151.031 of the Revised Code.	745

(2) "Active military service" means the performance of active	746
military duty by a member of the uniformed services for a period	747
of more than thirty days.	748

(3) "Neglected child" has the same meaning as in section	749
2151.03 of the Revised Code.	750

(4) "Sexually oriented offense" has the same meaning as in	751
section 2950.01 of the Revised Code.	752

(5) "Uniformed services" means the United States armed	753
forces, army national guard and air national guard when engaged in	754
active duty for training, or the commissioned corps of the United	755
States public health service.	756

(K) As used in the Revised Code, "shared parentingequal	757
legal and physical access" means that the parents share equally in	758
the legal and physical custody of the children, in the manner set	759
forth in the plan for shared parentingequal legal and physical	760
access that is approved by the court under division (D)(1) and	761
described in division (L)(6) of this section, all or some of the	762
aspects of physical and legal care of their children.	763

(L) For purposes of the Revised Code:

764

(1) A parent who is granted the care, custody, and control of	765
a child under an order that was issued pursuant to this section	766
prior to April 11, 1991, and that does not provide for shared	767
parentingequal legal and physical access has "custody of the	768
child" and "care, custody, and control of the child" under the	769
order, and is the "residential parent," the "residential parent	770
and legal custodian," or the "custodial parent" of the child under	771
the order.	772

(2) A parent who primarily is allocated the parental rights	773
and responsibilities for the care of a child and who is designated	774
as the residential parent and legal custodian of the child under	775
an order that is issued pursuant to this section on or after April	776
11, 1991, and that does not provide for shared parentingequal	777
legal and physical access has "custody of the child" and "care,	778
custody, and control of the child" under the order, and is the	779
"residential parent," the "residential parent and legal	780
custodian," or the "custodial parent" of the child under the	781
order.	782

(3) A parent who is not granted custody of a child under an	783
order that was issued pursuant to this section prior to April 11,	784
1991, and that does not provide for shared parentingequal legal	785
and physical access is the "parent who is not the residential	786
parent," the "parent who is not the residential parent and legal	787
custodian," or the "noncustodial parent" of the child under the	788
order.	789

(4) A parent who is not primarily allocated the parental	790
rights and responsibilities for the care of a child and who is not	791
designated as the residential parent and legal custodian of the	792
child under an order that is issued pursuant to this section on or	793
after April 11, 1991, and that does not provide for shared	794
parentingequal legal and physical access is the "parent who is	795
not the residential parent," the "parent who is not the	796
residential parent and legal custodian," or the "noncustodial	797
parent" of the child under the order.	798

(5) Unless the context clearly requires otherwise, if an	799
order is issued by a court pursuant to this section and the order	800
provides for shared parenting ofequal legal and physical access	801
to a child, both parents have "equal custody of the child" or	802
"equal care, custody, and control of the child" under the order,	803
to the extent and in the manner specified in the order.	804

(6) Unless the context clearly requires otherwise and except	805
as otherwise provided in the order, if an order is issued by a	806
court pursuant to this section and the order provides for shared	807
parenting ofequal legal and physical access to a child, each	808
parent, regardless of where the child is physically located or	809
with whom the child is residing at a particular point in time, as	810
specified in the order, is the "residential parent," the	811
"residential parent and legal custodian," or the "custodial	812
parent" of the child.	813

(7) Unless the context clearly requires otherwise and except	814
as otherwise provided in the order, a designation in the order of	815
a parent as the residential parent for the purpose of determining	816
the school the child attends, as the custodial parent for purposes	817
of claiming the child as a dependent pursuant to section 152(e) of	818
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	819
1, as amended, or as the residential parent for purposes of	820
receiving public assistance pursuant to division (A)(2) of this	821
section, does not affect the designation pursuant to division	822
(L)(6) of this section of each parent as the "residential parent,"	823
the "residential parent and legal custodian," or the "custodial	824
parent" of the child.	825

(M) The court shall require each parent of a child to file an	826
affidavit attesting as to whether the parent, and the members of	827
the parent's household, have been convicted of or pleaded guilty	828
to any of the offenses identified in divisions (C) and (F)(1)(h)	829
of this section.	830

Sec. 3109.041.  (A) Parties to any custody decree issued	831
pursuant to section 3109.04 of the Revised Code prior to April 11,	832
1991,the effective date of this amendment may file a motion with	833
the court that issued the decree requesting the issuance of a	834
shared parentingan equal legal and physical access decree in	835
accordance with division (G) of section 3109.04 of the Revised	836
Code. Upon the filing of the motion, the court shall determine	837
whether to grant the parents sharedequal rights and	838
responsibilities for the care of the children in accordance with	839
divisions (A), (D)(1), (E)(1), and (I) of section 3109.04 of the	840
Revised Code.	841

(B) A custody decree issued pursuant to section 3109.04 of	842
the Revised Code prior to April 11, 1991,the effective date of	843
this amendment that granted joint care, custody, and control of	844
the children to the parents or granted shared parenting shall not	845
be affected or invalidated by, and shall not be construed as being	846
affected or invalidated by, the provisions of section 3109.04 of	847
the Revised Code relativerelated to the granting of a shared	848
parentingan equal legal and physical access decree or a decree	849
allocating parental rights and responsibilities for the care of	850
children on and after April 11, 1991the effective date of this	851
amendment. The decree issued prior to April 11, 1991the	852
effective date of this amendment shall remain in full force and	853
effect, subject to modification or termination pursuant to section	854
3109.04 of the Revised Code as that section exists on and after	855
April 11, 1991the effective date of this amendment.	856

(C) As used in this section, "joint custody," and "joint	857
care, custody, and control," and "shared parenting" have the same	858
meaning as "shared parentingequal legal and physical access."	859

Sec. 3109.043. In any proceeding pertaining to the allocation	860
of parental rights and responsibilities for the care of a child,	861
when requested in the complaint, answer, or counterclaim, or by	862
motion served with the pleading, upon satisfactory proof by	863
affidavit duly filed with the clerk of the court, the court,	864
without oral hearing and for good cause shown, mayshall make a	865
temporary order regarding the allocation of parental rights and	866
responsibilities for the care of the child while the action is	867
pending. When determining the temporary allocation of parental	868
rights and responsibilities, there is a presumption that equal	869
parenting is in the best interest of the children, and the court	870
shall set parenting time as equally as possible for both parents	871
unless clear and convincing evidence can be presented as to the	872
unfitness of either parent or the parents have agreed to an	873
alternate schedule.	874

If a parent and child relationship has not already been	875
established pursuant to section 3111.02 of the Revised Code, the	876
court mayshall take into consideration when determining whether	877
to award parenting time, visitation rights, or temporary custody	878
tofor a putative father thatwhether the putative father is named	879
on the birth record of the child, the child has the putative	880
father's surname, or a clear pattern of a parent and child	881
relationship between the child and the putative father exists. The	882
putative father shall stand as an equal to the mother in all	883
custody determinations unless clear and convincing evidence can be	884
presented as to the unfitness of either parent.	885

Sec. 3109.051.  (A) If a divorce, dissolution, legal	886
separation, or annulment proceeding involves a child and if the	887
court has not issued a shared parentingan equal legal and	888
physical access decree, the court shall consider any mediation	889
report filed pursuant to section 3109.052 of the Revised Code and,	890
in accordance with division (C) of this section, shall make a just	891
and reasonable order or decree permitting each parent who is not	892
the residential parent to have parenting time with the child at	893
the time and under the conditions that the court directs, unless	894
the court determines that it would not be in the best interest of	895
the child to permit that parent to have parenting time with the	896
child and includes in the journal its findings of fact and	897
conclusions of law. Whenever possible, the order or decree	898
permitting the parenting time shall ensure the opportunity for	899
both parents to have frequent and continuing contact with the	900
child, unless frequent and continuing contact by either parent	901
with the child would not be in the best interest of the child. The	902
court shall include in its final decree a specific schedule of	903
parenting time for that parent. Except as provided in division	904
(E)(6) of section 3113.31 of the Revised Code, if the court,	905
pursuant to this section, grants parenting time to a parent or	906
companionship or visitation rights to any other person with	907
respect to any child, it shall not require the public children	908
services agency to provide supervision of or other services	909
related to that parent's exercise of parenting time or that	910
person's exercise of companionship or visitation rights with	911
respect to the child. This section does not limit the power of a	912
juvenile court pursuant to Chapter 2151. of the Revised Code to	913
issue orders with respect to children who are alleged to be	914
abused, neglected, or dependent children or to make dispositions	915
of children who are adjudicated abused, neglected, or dependent	916
children or of a common pleas court to issue orders pursuant to	917
section 3113.31 of the Revised Code.	918

(B)(1) In a divorce, dissolution of marriage, legal	919
separation, annulment, or child support proceeding that involves a	920
child, the court may grant reasonable companionship or visitation	921
rights to any grandparent, any person related to the child by	922
consanguinity or affinity, or any other person other than a	923
parent, if all of the following apply:	924

(a) The grandparent, relative, or other person files a motion	925
with the court seeking companionship or visitation rights.	926

(b) The court determines that the grandparent, relative, or	927
other person has an interest in the welfare of the child.	928

(c) The court determines that the granting of the	929
companionship or visitation rights is in the best interest of the	930
child.	931

(2) A motion may be filed under division (B)(1) of this	932
section during the pendency of the divorce, dissolution of	933
marriage, legal separation, annulment, or child support proceeding	934
or, if a motion was not filed at that time or was filed at that	935
time and the circumstances in the case have changed, at any time	936
after a decree or final order is issued in the case.	937

(C) When determining whether to grant parenting time rights	938
to a parent pursuant to this section or section 3109.12 of the	939
Revised Code or to grant companionship or visitation rights to a	940
grandparent, relative, or other person pursuant to this section or	941
section 3109.11 or 3109.12 of the Revised Code, when establishing	942
a specific parenting time or visitation schedule, and when	943
determining other parenting time matters under this section or	944
section 3109.12 of the Revised Code or visitation matters under	945
this section or section 3109.11 or 3109.12 of the Revised Code,	946
the court shall consider any mediation report that is filed	947
pursuant to section 3109.052 of the Revised Code and shall	948
consider all other relevant factors, including, but not limited	949
to, all of the factors listed in division (D) of this section. In	950
considering the factors listed in division (D) of this section for	951
purposes of determining whether to grant parenting time or	952
visitation rights, establishing a specific parenting time or	953
visitation schedule, determining other parenting time matters	954
under this section or section 3109.12 of the Revised Code or	955
visitation matters under this section or under section 3109.11 or	956
3109.12 of the Revised Code, and resolving any issues related to	957
the making of any determination with respect to parenting time or	958
visitation rights or the establishment of any specific parenting	959
time or visitation schedule, the court, in its discretion, may	960
interview in chambers any or all involved children regarding their	961
wishes and concerns. If the court interviews any child concerning	962
the child's wishes and concerns regarding those parenting time or	963
visitation matters, the interview shall be conducted in chambers,	964
and no person other than the child, the child's attorney, the	965
judge, any necessary court personnel, and, in the judge's	966
discretion, the attorney of each parent shall be permitted to be	967
present in the chambers during the interview. No person shall	968
obtain or attempt to obtain from a child a written or recorded	969
statement or affidavit setting forth the wishes and concerns of	970
the child regarding those parenting time or visitation matters. A	971
court, in considering the factors listed in division (D) of this	972
section for purposes of determining whether to grant any parenting	973
time or visitation rights, establishing a parenting time or	974
visitation schedule, determining other parenting time matters	975
under this section or section 3109.12 of the Revised Code or	976
visitation matters under this section or under section 3109.11 or	977
3109.12 of the Revised Code, or resolving any issues related to	978
the making of any determination with respect to parenting time or	979
visitation rights or the establishment of any specific parenting	980
time or visitation schedule, shall not accept or consider a	981
written or recorded statement or affidavit that purports to set	982
forth the child's wishes or concerns regarding those parenting	983
time or visitation matters.	984

(D) In determining whether to grant parenting time to a	985
parent pursuant to this section or section 3109.12 of the Revised	986
Code or companionship or visitation rights to a grandparent,	987
relative, or other person pursuant to this section or section	988
3109.11 or 3109.12 of the Revised Code, in establishing a specific	989
parenting time or visitation schedule, and in determining other	990
parenting time matters under this section or section 3109.12 of	991
the Revised Code or visitation matters under this section or	992
section 3109.11 or 3109.12 of the Revised Code, the court shall	993
consider all of the following factors:	994

(1) The prior interaction and interrelationships of the child	995
with the child's parents, siblings, and other persons related by	996
consanguinity or affinity, and with the person who requested	997
companionship or visitation if that person is not a parent,	998
sibling, or relative of the child;	999

(2) The geographical location of the residence of each parent	1000
and the distance between those residences, and if the person is	1001
not a parent, the geographical location of that person's residence	1002
and the distance between that person's residence and the child's	1003
residence;	1004

(3) The child's and parents' available time, including, but	1005
not limited to, each parent's employment schedule, the child's	1006
school schedule, and the child's and the parents' holiday and	1007
vacation schedule;	1008

(4) The age of the child;

1009

(5) The child's adjustment to home, school, and community;

1010

(6) If the court has interviewed the child in chambers,	1011
pursuant to division (C) of this section, regarding the wishes and	1012
concerns of the child as to parenting time by the parent who is	1013
not the residential parent or companionship or visitation by the	1014
grandparent, relative, or other person who requested companionship	1015
or visitation, as to a specific parenting time or visitation	1016
schedule, or as to other parenting time or visitation matters, the	1017
wishes and concerns of the child, as expressed to the court;	1018

(7) The health and safety of the child;

1019

(8) The amount of time that will be available for the child	1020
to spend with siblings;	1021

(9) The mental and physical health of all parties;

1022

(10) Each parent's willingness to reschedule missed parenting	1023
time and to facilitate the other parent's parenting time rights,	1024
and with respect to a person who requested companionship or	1025
visitation, the willingness of that person to reschedule missed	1026
visitation;	1027

(11) In relation to parenting time, whether either parent	1028
previously has been convicted of or pleaded guilty to any criminal	1029
offense involving any act that resulted in a child being an abused	1030
child or a neglected child; whether either parent, in a case in	1031
which a child has been adjudicated an abused child or a neglected	1032
child, previously has been determined to be the perpetrator of the	1033
abusive or neglectful act that is the basis of the adjudication;	1034
and whether there is reason to believe that either parent has	1035
acted in a manner resulting in a child being an abused child or a	1036
neglected child;	1037

(12) In relation to requested companionship or visitation by	1038
a person other than a parent, whether the person previously has	1039
been convicted of or pleaded guilty to any criminal offense	1040
involving any act that resulted in a child being an abused child	1041
or a neglected child; whether the person, in a case in which a	1042
child has been adjudicated an abused child or a neglected child,	1043
previously has been determined to be the perpetrator of the	1044
abusive or neglectful act that is the basis of the adjudication;	1045
whether either parent previously has been convicted of or pleaded	1046
guilty to a violation of section 2919.25 of the Revised Code	1047
involving a victim who at the time of the commission of the	1048
offense was a member of the family or household that is the	1049
subject of the current proceeding; whether either parent	1050
previously has been convicted of an offense involving a victim who	1051
at the time of the commission of the offense was a member of the	1052
family or household that is the subject of the current proceeding	1053
and caused physical harm to the victim in the commission of the	1054
offense; and whether there is reason to believe that the person	1055
has acted in a manner resulting in a child being an abused child	1056
or a neglected child;	1057

(13) Whether the residential parent or one of the parents	1058
subject to a shared parentingan equal legal and physical access	1059
decree has continuously and willfully denied the other parent's	1060
right to parenting time in accordance with an order of the court;	1061

(14) Whether either parent has established a residence or is	1062
planning to establish a residence outside this state;	1063

(15) In relation to requested companionship or visitation by	1064
a person other than a parent, the wishes and concerns of the	1065
child's parents, as expressed by them to the court;	1066

(16) Any other factor in the best interest of the child.

1067

(E) The remarriage of a residential parent of a child does	1068
not affect the authority of a court under this section to grant	1069
parenting time rights with respect to the child to the parent who	1070
is not the residential parent or to grant reasonable companionship	1071
or visitation rights with respect to the child to any grandparent,	1072
any person related by consanguinity or affinity, or any other	1073
person.	1074

(F)(1) If the court, pursuant to division (A) of this	1075
section, denies parenting time to a parent who is not the	1076
residential parent or denies a motion for reasonable companionship	1077
or visitation rights filed under division (B) of this section and	1078
the parent or movant files a written request for findings of fact	1079
and conclusions of law, the court shall state in writing its	1080
findings of fact and conclusions of law in accordance with Civil	1081
Rule 52.	1082

(2) On or before July 1, 1991, each court of common pleas, by	1083
rule, shall adopt standard parenting time guidelines. A court	1084
shall have discretion to deviate from its standard parenting time	1085
guidelines based upon factors set forth in division (D) of this	1086
section.	1087

(G)(1) If the residential parent intends to move to a	1088
residence other than the residence specified in the parenting time	1089
order or decree of the court, the parent shall file a notice of	1090
intent to relocate with the court that issued the order or decree.	1091
Except as provided in divisions (G)(2), (3), and (4) of this	1092
section, the court shall send a copy of the notice to the parent	1093
who is not the residential parent. Upon receipt of the notice, the	1094
court, on its own motion or the motion of the parent who is not	1095
the residential parent, may schedule a hearing with notice to both	1096
parents to determine whether it is in the best interest of the	1097
child to revise the parenting time schedule for the child.	1098

(2) When a court grants parenting time rights to a parent who	1099
is not the residential parent, the court shall determine whether	1100
that parent has been convicted of or pleaded guilty to a violation	1101
of section 2919.25 of the Revised Code involving a victim who at	1102
the time of the commission of the offense was a member of the	1103
family or household that is the subject of the proceeding, has	1104
been convicted of or pleaded guilty to any other offense involving	1105
a victim who at the time of the commission of the offense was a	1106
member of the family or household that is the subject of the	1107
proceeding and caused physical harm to the victim in the	1108
commission of the offense, or has been determined to be the	1109
perpetrator of the abusive act that is the basis of an	1110
adjudication that a child is an abused child. If the court	1111
determines that that parent has not been so convicted and has not	1112
been determined to be the perpetrator of an abusive act that is	1113
the basis of a child abuse adjudication, the court shall issue an	1114
order stating that a copy of any notice of relocation that is	1115
filed with the court pursuant to division (G)(1) of this section	1116
will be sent to the parent who is given the parenting time rights	1117
in accordance with division (G)(1) of this section.	1118

If the court determines that the parent who is granted the	1119
parenting time rights has been convicted of or pleaded guilty to a	1120
violation of section 2919.25 of the Revised Code involving a	1121
victim who at the time of the commission of the offense was a	1122
member of the family or household that is the subject of the	1123
proceeding, has been convicted of or pleaded guilty to any other	1124
offense involving a victim who at the time of the commission of	1125
the offense was a member of the family or household that is the	1126
subject of the proceeding and caused physical harm to the victim	1127
in the commission of the offense, or has been determined to be the	1128
perpetrator of the abusive act that is the basis of an	1129
adjudication that a child is an abused child, it shall issue an	1130
order stating that that parent will not be given a copy of any	1131
notice of relocation that is filed with the court pursuant to	1132
division (G)(1) of this section unless the court determines that	1133
it is in the best interest of the children to give that parent a	1134
copy of the notice of relocation, issues an order stating that	1135
that parent will be given a copy of any notice of relocation filed	1136
pursuant to division (G)(1) of this section, and issues specific	1137
written findings of fact in support of its determination.	1138

(3) If a court, prior to April 11, 1991, issued an order	1139
granting parenting time rights to a parent who is not the	1140
residential parent and did not require the residential parent in	1141
that order to give the parent who is granted the parenting time	1142
rights notice of any change of address and if the residential	1143
parent files a notice of relocation pursuant to division (G)(1) of	1144
this section, the court shall determine if the parent who is	1145
granted the parenting time rights has been convicted of or pleaded	1146
guilty to a violation of section 2919.25 of the Revised Code	1147
involving a victim who at the time of the commission of the	1148
offense was a member of the family or household that is the	1149
subject of the proceeding, has been convicted of or pleaded guilty	1150
to any other offense involving a victim who at the time of the	1151
commission of the offense was a member of the family or household	1152
that is the subject of the proceeding and caused physical harm to	1153
the victim in the commission of the offense, or has been	1154
determined to be the perpetrator of the abusive act that is the	1155
basis of an adjudication that a child is an abused child. If the	1156
court determines that the parent who is granted the parenting time	1157
rights has not been so convicted and has not been determined to be	1158
the perpetrator of an abusive act that is the basis of a child	1159
abuse adjudication, the court shall issue an order stating that a	1160
copy of any notice of relocation that is filed with the court	1161
pursuant to division (G)(1) of this section will be sent to the	1162
parent who is granted parenting time rights in accordance with	1163
division (G)(1) of this section.	1164

If the court determines that the parent who is granted the	1165
parenting time rights has been convicted of or pleaded guilty to a	1166
violation of section 2919.25 of the Revised Code involving a	1167
victim who at the time of the commission of the offense was a	1168
member of the family or household that is the subject of the	1169
proceeding, has been convicted of or pleaded guilty to any other	1170
offense involving a victim who at the time of the commission of	1171
the offense was a member of the family or household that is the	1172
subject of the proceeding and caused physical harm to the victim	1173
in the commission of the offense, or has been determined to be the	1174
perpetrator of the abusive act that is the basis of an	1175
adjudication that a child is an abused child, it shall issue an	1176
order stating that that parent will not be given a copy of any	1177
notice of relocation that is filed with the court pursuant to	1178
division (G)(1) of this section unless the court determines that	1179
it is in the best interest of the children to give that parent a	1180
copy of the notice of relocation, issues an order stating that	1181
that parent will be given a copy of any notice of relocation filed	1182
pursuant to division (G)(1) of this section, and issues specific	1183
written findings of fact in support of its determination.	1184

(4) If a parent who is granted parenting time rights pursuant	1185
to this section or any other section of the Revised Code is	1186
authorized by an order issued pursuant to this section or any	1187
other court order to receive a copy of any notice of relocation	1188
that is filed pursuant to division (G)(1) of this section or	1189
pursuant to court order, if the residential parent intends to move	1190
to a residence other than the residence address specified in the	1191
parenting time order, and if the residential parent does not want	1192
the parent who is granted the parenting time rights to receive a	1193
copy of the relocation notice because the parent with parenting	1194
time rights has been convicted of or pleaded guilty to a violation	1195
of section 2919.25 of the Revised Code involving a victim who at	1196
the time of the commission of the offense was a member of the	1197
family or household that is the subject of the proceeding, has	1198
been convicted of or pleaded guilty to any other offense involving	1199
a victim who at the time of the commission of the offense was a	1200
member of the family or household that is the subject of the	1201
proceeding and caused physical harm to the victim in the	1202
commission of the offense, or has been determined to be the	1203
perpetrator of the abusive act that is the basis of an	1204
adjudication that a child is an abused child, the residential	1205
parent may file a motion with the court requesting that the parent	1206
who is granted the parenting time rights not receive a copy of any	1207
notice of relocation. Upon the filing of the motion, the court	1208
shall schedule a hearing on the motion and give both parents	1209
notice of the date, time, and location of the hearing. If the	1210
court determines that the parent who is granted the parenting time	1211
rights has been so convicted or has been determined to be the	1212
perpetrator of an abusive act that is the basis of a child abuse	1213
adjudication, the court shall issue an order stating that the	1214
parent who is granted the parenting time rights will not be given	1215
a copy of any notice of relocation that is filed with the court	1216
pursuant to division (G)(1) of this section or that the	1217
residential parent is no longer required to give that parent a	1218
copy of any notice of relocation unless the court determines that	1219
it is in the best interest of the children to give that parent a	1220
copy of the notice of relocation, issues an order stating that	1221
that parent will be given a copy of any notice of relocation filed	1222
pursuant to division (G)(1) of this section, and issues specific	1223
written findings of fact in support of its determination. If it	1224
does not so find, it shall dismiss the motion.	1225

(H)(1) Subject to section 3125.16 and division (F) of section	1226
3319.321 of the Revised Code, a parent of a child who is not the	1227
residential parent of the child is entitled to access, under the	1228
same terms and conditions under which access is provided to the	1229
residential parent, to any record that is related to the child and	1230
to which the residential parent of the child legally is provided	1231
access, unless the court determines that it would not be in the	1232
best interest of the child for the parent who is not the	1233
residential parent to have access to the records under those same	1234
terms and conditions. If the court determines that the parent of a	1235
child who is not the residential parent should not have access to	1236
records related to the child under the same terms and conditions	1237
as provided for the residential parent, the court shall specify	1238
the terms and conditions under which the parent who is not the	1239
residential parent is to have access to those records, shall enter	1240
its written findings of facts and opinion in the journal, and	1241
shall issue an order containing the terms and conditions to both	1242
the residential parent and the parent of the child who is not the	1243
residential parent. The court shall include in every order issued	1244
pursuant to this division notice that any keeper of a record who	1245
knowingly fails to comply with the order or division (H) of this	1246
section is in contempt of court.	1247

(2) Subject to section 3125.16 and division (F) of section	1248
3319.321 of the Revised Code, subsequent to the issuance of an	1249
order under division (H)(1) of this section, the keeper of any	1250
record that is related to a particular child and to which the	1251
residential parent legally is provided access shall permit the	1252
parent of the child who is not the residential parent to have	1253
access to the record under the same terms and conditions under	1254
which access is provided to the residential parent, unless the	1255
residential parent has presented the keeper of the record with a	1256
copy of an order issued under division (H)(1) of this section that	1257
limits the terms and conditions under which the parent who is not	1258
the residential parent is to have access to records pertaining to	1259
the child and the order pertains to the record in question. If the	1260
residential parent presents the keeper of the record with a copy	1261
of that type of order, the keeper of the record shall permit the	1262
parent who is not the residential parent to have access to the	1263
record only in accordance with the most recent order that has been	1264
issued pursuant to division (H)(1) of this section and presented	1265
to the keeper by the residential parent or the parent who is not	1266
the residential parent. Any keeper of any record who knowingly	1267
fails to comply with division (H) of this section or with any	1268
order issued pursuant to division (H)(1) of this section is in	1269
contempt of court.	1270

(3) The prosecuting attorney of any county may file a	1271
complaint with the court of common pleas of that county requesting	1272
the court to issue a protective order preventing the disclosure	1273
pursuant to division (H)(1) or (2) of this section of any	1274
confidential law enforcement investigatory record. The court shall	1275
schedule a hearing on the motion and give notice of the date,	1276
time, and location of the hearing to all parties.	1277

(I) A court that issues a parenting time order or decree	1278
pursuant to this section or section 3109.12 of the Revised Code	1279
shall determine whether the parent granted the right of parenting	1280
time is to be permitted access, in accordance with section	1281
5104.011 of the Revised Code, to any child day-care center that	1282
is, or that in the future may be, attended by the children with	1283
whom the right of parenting time is granted. Unless the court	1284
determines that the parent who is not the residential parent	1285
should not have access to the center to the same extent that the	1286
residential parent is granted access to the center, the parent who	1287
is not the residential parent and who is granted parenting time	1288
rights is entitled to access to the center to the same extent that	1289
the residential parent is granted access to the center. If the	1290
court determines that the parent who is not the residential parent	1291
should not have access to the center to the same extent that the	1292
residential parent is granted such access under division (C) of	1293
section 5104.011 of the Revised Code, the court shall specify the	1294
terms and conditions under which the parent who is not the	1295
residential parent is to have access to the center, provided that	1296
the access shall not be greater than the access that is provided	1297
to the residential parent under division (C) of section 5104.011	1298
of the Revised Code, the court shall enter its written findings of	1299
fact and opinions in the journal, and the court shall include the	1300
terms and conditions of access in the parenting time order or	1301
decree.	1302

(J)(1) Subject to division (F) of section 3319.321 of the	1303
Revised Code, when a court issues an order or decree allocating	1304
parental rights and responsibilities for the care of a child, the	1305
parent of the child who is not the residential parent of the child	1306
is entitled to access, under the same terms and conditions under	1307
which access is provided to the residential parent, to any student	1308
activity that is related to the child and to which the residential	1309
parent of the child legally is provided access, unless the court	1310
determines that it would not be in the best interest of the child	1311
to grant the parent who is not the residential parent access to	1312
the student activities under those same terms and conditions. If	1313
the court determines that the parent of the child who is not the	1314
residential parent should not have access to any student activity	1315
that is related to the child under the same terms and conditions	1316
as provided for the residential parent, the court shall specify	1317
the terms and conditions under which the parent who is not the	1318
residential parent is to have access to those student activities,	1319
shall enter its written findings of facts and opinion in the	1320
journal, and shall issue an order containing the terms and	1321
conditions to both the residential parent and the parent of the	1322
child who is not the residential parent. The court shall include	1323
in every order issued pursuant to this division notice that any	1324
school official or employee who knowingly fails to comply with the	1325
order or division (J) of this section is in contempt of court.	1326

(2) Subject to division (F) of section 3319.321 of the	1327
Revised Code, subsequent to the issuance of an order under	1328
division (J)(1) of this section, all school officials and	1329
employees shall permit the parent of the child who is not the	1330
residential parent to have access to any student activity under	1331
the same terms and conditions under which access is provided to	1332
the residential parent of the child, unless the residential parent	1333
has presented the school official or employee, the board of	1334
education of the school, or the governing body of the chartered	1335
nonpublic school with a copy of an order issued under division	1336
(J)(1) of this section that limits the terms and conditions under	1337
which the parent who is not the residential parent is to have	1338
access to student activities related to the child and the order	1339
pertains to the student activity in question. If the residential	1340
parent presents the school official or employee, the board of	1341
education of the school, or the governing body of the chartered	1342
nonpublic school with a copy of that type of order, the school	1343
official or employee shall permit the parent who is not the	1344
residential parent to have access to the student activity only in	1345
accordance with the most recent order that has been issued	1346
pursuant to division (J)(1) of this section and presented to the	1347
school official or employee, the board of education of the school,	1348
or the governing body of the chartered nonpublic school by the	1349
residential parent or the parent who is not the residential	1350
parent. Any school official or employee who knowingly fails to	1351
comply with division (J) of this section or with any order issued	1352
pursuant to division (J)(1) of this section is in contempt of	1353
court.	1354

(K) If any person is found in contempt of court for failing	1355
to comply with or interfering with any order or decree granting	1356
parenting time rights issued pursuant to this section or section	1357
3109.12 of the Revised Code or companionship or visitation rights	1358
issued pursuant to this section, section 3109.11 or 3109.12 of the	1359
Revised Code, or any other provision of the Revised Code, the	1360
court that makes the finding, in addition to any other penalty or	1361
remedy imposed, shall assess all court costs arising out of the	1362
contempt proceeding against the person and require the person to	1363
pay any reasonable attorney's fees of any adverse party, as	1364
determined by the court, that arose in relation to the act of	1365
contempt, and may award reasonable compensatory parenting time or	1366
visitation to the person whose right of parenting time or	1367
visitation was affected by the failure or interference if such	1368
compensatory parenting time or visitation is in the best interest	1369
of the child. Any compensatory parenting time or visitation	1370
awarded under this division shall be included in an order issued	1371
by the court and, to the extent possible, shall be governed by the	1372
same terms and conditions as was the parenting time or visitation	1373
that was affected by the failure or interference.	1374

(L) Any parent who requests reasonable parenting time rights	1375
with respect to a child under this section or section 3109.12 of	1376
the Revised Code or any person who requests reasonable	1377
companionship or visitation rights with respect to a child under	1378
this section, section 3109.11 or 3109.12 of the Revised Code, or	1379
any other provision of the Revised Code may file a motion with the	1380
court requesting that it waive all or any part of the costs that	1381
may accrue in the proceedings. If the court determines that the	1382
movant is indigent and that the waiver is in the best interest of	1383
the child, the court, in its discretion, may waive payment of all	1384
or any part of the costs of those proceedings.	1385

(M) The juvenile court has exclusive jurisdiction to enter	1386
the orders in any case certified to it from another court.	1387

(N) As used in this section:

1388

(1) "Abused child" has the same meaning as in section	1389
2151.031 of the Revised Code, and "neglected child" has the same	1390
meaning as in section 2151.03 of the Revised Code.	1391

(2) "Record" means any record, document, file, or other	1392
material that contains information directly related to a child,	1393
including, but not limited to, any of the following:	1394

(a) Records maintained by public and nonpublic schools;

1395

(b) Records maintained by facilities that provide child care,	1396
as defined in section 5104.01 of the Revised Code, publicly funded	1397
child care, as defined in section 5104.01 of the Revised Code, or	1398
pre-school services operated by or under the supervision of a	1399
school district board of education or a nonpublic school;	1400

(c) Records maintained by hospitals, other facilities, or	1401
persons providing medical or surgical care or treatment for the	1402
child;	1403

(d) Records maintained by agencies, departments,	1404
instrumentalities, or other entities of the state or any political	1405
subdivision of the state, other than a child support enforcement	1406
agency. Access to records maintained by a child support	1407
enforcement agency is governed by section 3125.16 of the Revised	1408
Code.	1409

(3) "Confidential law enforcement investigatory record" has	1410
the same meaning as in section 149.43 of the Revised Code.	1411

Sec. 3109.09.  (A) As used in this section, "parent" means	1412
one of the following:	1413

(1) Both parents unless division (A)(2) or (3) of this	1414
section applies;	1415

(2) The parent designated the residential parent and legal	1416
custodian pursuant to an order issued under section 3109.04 of the	1417
Revised Code that is not a shared parentingan equal legal and	1418
physical access order;	1419

(3) The custodial parent of a child born out of wedlock with	1420
respect to whom no custody order has been issued.	1421

(B) Any owner of property, including any board of education	1422
of a city, local, exempted village, or joint vocational school	1423
district, may maintain a civil action to recover compensatory	1424
damages not exceeding ten thousand dollars and court costs from	1425
the parent of a minor if the minor willfully damages property	1426
belonging to the owner or commits acts cognizable as a "theft	1427
offense," as defined in section 2913.01 of the Revised Code,	1428
involving the property of the owner. The action may be joined with	1429
an action under Chapter 2737. of the Revised Code against the	1430
minor, or the minor and the minor's parent, to recover the	1431
property regardless of value, but any additional damages recovered	1432
from the parent pursuant to this section shall be limited to	1433
compensatory damages not exceeding ten thousand dollars, as	1434
authorized by this section. A finding of willful destruction of	1435
property or of committing acts cognizable as a theft offense is	1436
not dependent upon a prior finding that the child is a delinquent	1437
child or upon the child's conviction of any criminal offense.	1438

(C)(1) If a court renders a judgment in favor of a board of	1439
education of a city, local, exempted village, or joint vocational	1440
school district in an action brought pursuant to division (B) of	1441
this section, if the board of education agrees to the parent's	1442
performance of community service in lieu of full payment of the	1443
judgment, and if the parent who is responsible for the payment of	1444
the judgment agrees to voluntarily participate in the performance	1445
of community service in lieu of full payment of the judgment, the	1446
court may order the parent to perform community service in lieu of	1447
providing full payment of the judgment.	1448

(2) If a court, pursuant to division (C)(1) of this section,	1449
orders a parent to perform community service in lieu of providing	1450
full payment of a judgment, the court shall specify in its order	1451
the amount of the judgment, if any, to be paid by the parent, the	1452
type and number of hours of community service to be performed by	1453
the parent, and any other conditions necessary to carry out the	1454
order.	1455

(D) This section shall not apply to a parent of a minor if	1456
the minor was married at the time of the commission of the acts or	1457
violations that would otherwise give rise to a civil action	1458
commenced under this section.	1459

(E) Any action brought pursuant to this section shall be	1460
commenced and heard as in other civil actions.	1461

(F) The monetary limitation upon compensatory damages set	1462
forth in this section does not apply to a civil action brought	1463
pursuant to section 2307.70 of the Revised Code.	1464

Sec. 3109.56.  When a parent seeks to create a power of	1465
attorney pursuant to section 3109.52 of the Revised Code, all of	1466
the following apply:	1467

(A) The power of attorney shall be executed by both parents	1468
if any of the following apply:	1469

(1) The parents are married to each other and are living as	1470
husband and wife.	1471

(2) The child is the subject of a shared parentingan equal	1472
legal and physical access decree or order issued pursuant to	1473
section 3109.04 of the Revised Code.	1474

(3) The child is the subject of a custody order issued	1475
pursuant to section 3109.04 of the Revised Code unless one of the	1476
following is the case:	1477

(a) The parent who is not the residential parent and legal	1478
custodian is prohibited from receiving a notice of relocation in	1479
accordance with section 3109.051 of the Revised Code.	1480

(b) The parental rights of the parent who is not the	1481
residential parent and legal custodian have been terminated by	1482
order of a juvenile court pursuant to Chapter 2151. of the Revised	1483
Code.	1484

(c) The parent who is not the residential parent and legal	1485
custodian cannot be located with reasonable efforts.	1486

(B) In all other cases, the power of attorney may be executed	1487
only by one of the following persons:	1488

(1) The parent who is the residential parent and legal	1489
custodian of the child, as determined by court order or as	1490
provided in section 3109.042 of the Revised Code;	1491

(2) The parent with whom the child is residing the majority	1492
of the school year in cases in which no court has issued an order	1493
designating a parent as the residential parent and legal custodian	1494
of the child or section 3109.042 of the Revised Code is not	1495
applicable.	1496

Sec. 3119.022.  When a court or child support enforcement	1497
agency calculates the amount of child support to be paid pursuant	1498
to a child support order in a proceeding in which one parent is	1499
the residential parent and legal custodian of all of the children	1500
who are the subject of the child support order or in which the	1501
court issues a shared parentingan equal legal and physical access	1502
order, the court or agency shall use a worksheet identical in	1503
content and form to the following:	1504

CHILD SUPPORT COMPUTATION WORKSHEET	1505

SOLE RESIDENTIAL PARENT OR SHARED PARENTING EQUAL LEGAL AND	1506
PHYSICAL ACCESS ORDER	1507

Name of parties ................................................	1508

Case No. .......................................................	1509

Number of minor children .......................................	1510

The following parent was designated as residential parent and	1511
legal custodian: ...... mother ...... father ...... shared	1512

				Column I		Column II		Column III			1513
				Father		Mother		Combined			1514
INCOME:											1515
1.a.		Annual gross income from employment or, when determined appropriate by the court or agency, average annual gross income from employment over a reasonable period of years. (Exclude overtime, bonuses, self-employment income, or commissions)									1516
				$......		$......					1517
b.		Amount of overtime, bonuses, and commissions (year 1 representing the most recent year)									1518

Father		Mother		1519
Yr. 3 $..........		Yr. 3 $..........		1520
(Three years ago)		(Three years ago)		1521
Yr. 2 $..........		Yr. 2 $..........		1522
(Two years ago)		(Two years ago)		1523
Yr. 1 $..........		Yr. 1 $..........		1524
(Last calendar year)		(Last calendar year)		1525
Average $.........		Average $.........		1526

		(Include in Col. I and/or Col. II the average of the three years or the year 1 amount, whichever is less, if there exists a reasonable expectation that the total earnings from overtime and/or bonuses during the current calendar year will meet or exceed the amount that is the lower of the average of the three years or the year 1 amount. If, however, there exists a reasonable expectation that the total earnings from overtime/bonuses during the current calendar year will be less than the lower of the average of the 3 years or the year 1 amount, include only the amount reasonably expected to be earned this year.)									1527
				$......		$......					1528
2.		For self-employment income:									1529
a.		Gross receipts from business									1530
				$......		$......					1531
b.		Ordinary and necessary business expenses									1532
				$......		$......					1533
c.		5.6% of adjusted gross income or the actual marginal difference between the actual rate paid by the self-employed individual and the F.I.C.A. rate									1534
				$......		$......					1535
d.		Adjusted gross income from self-employment (subtract the sum of 2b and 2c from 2a)									1536
				$......		$......					1537
3.		Annual income from interest and dividends (whether or not taxable)									1538
				$......		$......					1539
4.		Annual income from unemployment compensation									1540
				$......		$......					1541
5.		Annual income from workers' compensation, disability insurance benefits, or social security disability/retirement benefits									1542
				$......		$......					1543
6.		Other annual income (identify)									1544
				$......		$......					1545
7.a.		Total annual gross income (add lines 1a, 1b, 2d, and 3-6)									1546
				$......		$......					1547
b.		Health insurance maximum (multiply line 7a by 5%)		$......		$......					1548
ADJUSTMENTS TO INCOME:											1549
8.		Adjustment for minor children born to or adopted by either parent and another parent who are living with this parent; adjustment does not apply to stepchildren (number of children times federal income tax exemption less child support received, not to exceed the federal tax exemption)									1550
				$......		$......					1551
9.		Annual court-ordered support paid for other children									1552
				$.....		$......					1553
10.		Annual court-ordered spousal support paid to any spouse or former spouse									1554
				$......		$......					1555
11.		Amount of local income taxes actually paid or estimated to be paid									1556
				$......		$......					1557
12.		Mandatory work-related deductions such as union dues, uniform fees, etc. (not including taxes, social security, or retirement)									1558
				$......		$......					1559
13.		Total gross income adjustments (add lines 8 through 12)									1560
				$......		$......					1561
14.a.		Adjusted annual gross income (subtract line 13 from line 7a)									1562
				$......		$......					1563
b.		Cash medical support maximum (If the amount on line 7a, Col. I, is under 150% of the federal poverty level for an individual, enter $0 on line 14b, Col. I. If the amount on line 7a, Col. I, is 150% or higher of the federal poverty level for an individual, multiply the amount on line 14a, Col. I, by 5% and enter this amount on line 14b, Col. I. If the amount on line 7a, Col. II, is under 150% of the federal poverty level for an individual, enter $0 on line 14b, Col. II. If the amount on line 7a, Col. II, is 150% or higher of the federal poverty level for an individual, multiply the amount on line 14a, Col. II, by 5% and enter this amount on line 14b, Col. II.)									1564
				$......		$......					1565
15.		Combined annual income that is basis for child support order (add line 14a, Col. I and Col. II)									1566
								$......			1567
16.		Percentage of parent's income to total income									1568
a.		Father (divide line 14a, Col. I, by line 15, Col. III) ......%									1569
b.		Mother (divide line 14a, Col. II, by line 15, Col. III) ......%									1570
17.		Basic combined child support obligation (refer to schedule, first column, locate the amount nearest to the amount on line 15, Col. III, then refer to column for number of children in this family. If the income of the parents is more than one sum but less than another, you may calculate the difference.)									1571
								$......			1572
18.		Annual support obligation per parent									1573
a.		Father (multiply line 17, Col. III, by line 16a)									1574
				$......							1575
b.		Mother (multiply line 17, Col. III, by line 16b)									1576
						$......					1577
19.		Annual child care expenses for children who are the subject of this order that are work-, employment training-, or education-related, as approved by the court or agency (deduct tax credit from annual cost, whether or not claimed)									1578
				$......		$......					1579
20.a.		Marginal, out-of-pocket costs, necessary to provide for health insurance for the children who are the subject of this order (contributing cost of private family health insurance, minus the contributing cost of private single health insurance, divided by the total number of dependents covered by the plan, including the children subject of the support order, times the number of children subject of the support order)									1580
				$......		$......					1581
b.		Cash medical support obligation (enter the amount on line 14b or the amount of annual health care expenditures estimated by the United States Department of Agriculture and described in section 3119.30 of the Revised Code, whichever amount is lower)									1582
				$......		$......					1583

21.		ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED:					1584
		Father (only if obligor or shared parenting equal legal and physical access)			Mother (only if obligor or shared parenting equal legal and physical access)		1585
	a.	Additions: line 16a times the sum of amounts shown on line 19, Col. II and line 20a, Col. II		b.	Additions: line 16b times the sum of amounts shown on line 19, Col. I and line 20a, Col. I		1586
		$......................			$......................		1587
	c.	Subtractions: line 16b times sum of amounts shown on line 19, Col. I and line 20a, Col. I		d.	Subtractions: line 16a times sum of amounts shown on line 19, Col. II and line 20a, Col. II		1588
		$.......................			$.......................		1589

22.		OBLIGATION AFTER ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED:									1590
a.		Father: line 18a plus or minus the difference between line 21a minus line 21c									1591
				$......							1592
b.		Mother: line 18b plus or minus the difference between line 21b minus line 21d									1593
						$......					1594
23.		ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS PROVIDED:									1595
a.		(Line 22a or 22b, whichever line corresponds to the parent who is the obligor).		$......							1596
b.		Any non-means-tested benefits, including social security and veterans' benefits, paid to and received by a child or a person on behalf of the child due to death, disability, or retirement of the parent									1597
						$......					1598
c.		Actual annual obligation (subtract line 23b from line 23a)									1599
						$......					1600

24.		ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS NOT PROVIDED:					1601
		Father (only if obligor or shared parenting equal legal and physical access)			Mother (only if obligor or shared parenting equal legal and physical access)		1602
	a.	Additions: line 16a times the sum of the amounts shown on line 19, Col. II and line 20b, Col. II		b.	Additions: line 16b times the sum of the amounts shown on line 19, Col. I and line 20b, Col. I		1603
		$......................			$......................		1604
	c.	Subtractions: line 16b times the sum of the amounts shown on line 19, Col. I and line 20b, Col. I		d.	Subtractions: line 16a times the sum of the amounts shown on line 19, Col. II and line 20b, Col. II		1605
		$.......................			$.......................		1606

25.		OBLIGATION AFTER ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS NOT PROVIDED:									1607
a.		Father: line 18a plus or minus the difference between line 24a minus line 24c									1608
				$......							1609
b.		Mother: line 18b plus or minus the difference between line 24b and 24d									1610
						$......					1611
26.		ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS NOT PROVIDED:									1612
a.		(Line 25a or 25b, whichever line corresponds to the parent who is the obligor)		$......							1613
b.		Any non-means-tested benefits, including social security and veterans' benefits, paid to and received by a child or a person on behalf of the child due to death, disability, or retirement of the parent		$......							1614
c.		Actual annual obligation (subtract line 26b from line 26a)		$.....							1615

27.a.	Deviation from sole residential parent support amount shown on line 23c if amount would be unjust or inappropriate: (see section 3119.23 of the Revised Code.) (Specific facts and monetary value must be stated.)		1616
			1617
			1618
			1619
			1620
b.	Deviation from shared parenting equal legal and physical access order: (see sections 3119.23 and 3119.24 of the Revised Code.) (Specific facts including amount of time children spend with each parent, ability of each parent to maintain adequate housing for children, and each parent's expenses for children must be stated to justify deviation.)		1621
			1622
			1623
			1624
			1625

				WHEN			WHEN				1626
				HEALTH			HEALTH				1627
				INSURANCE			INSURANCE				1628
				IS			IS NOT				1629
				PROVIDED			PROVIDED				1630
28.		FINAL CHILD SUPPORT FIGURE: (This amount reflects final annual child support obligation; in Col. I, enter line 23c plus or minus any amounts indicated in line 27a or 27b; in Col. II, enter line 26c plus or minus any amounts indicated in line 27a or 27b)									1631
				$......			$......	Father/Mother, OBLIGOR			1632
29.		FOR DECREE: Child support per month (divide obligor's annual share, line 28, by 12) plus any processing charge									1633
				$......			$......				1634
30.		FINAL CASH MEDICAL SUPPORT FIGURE: (this amount reflects the final annual cash medical support to be paid by the obligor when neither parent provides health insurance coverage for the child; enter obligor's cash medical support amount from line 20b)									1635
							$......				1636
31.		FOR DECREE: Cash medical support per month (divide line 30 by 12)									1637
							$......				1638

Prepared by:				1639
Counsel: ....................		Pro se: .................		1640
(For mother/father)				1641
CSEA: .......................		Other: ..................		1642

Worksheet Has Been Reviewed and Agreed To:	1643

...........................		...........................		1644
Mother		Date		1645
...........................		...........................		1646
Father		Date		1647

Sec. 3119.24.  (A)(1) A court that issues a shared parenting	1648
an equal legal and physical access order in accordance with	1649
section 3109.04 of the Revised Code shall order an amount of child	1650
support to be paid under the child support order that is	1651
calculated in accordance with the schedule and with the worksheet	1652
set forth in section 3119.022 of the Revised Code, through the	1653
line establishing the actual annual obligation, except that, if	1654
that amount would be unjust or inappropriate to the children or	1655
either parent and would not be in the best interest of the child	1656
because of the extraordinary circumstances of the parents or	1657
because of any other factors or criteria set forth in section	1658
3119.23 of the Revised Code, the court may deviate from that	1659
amount.	1660

(2) The court shall consider extraordinary circumstances and	1661
other factors or criteria if it deviates from the amount described	1662
in division (A)(1) of this section and shall enter in the journal	1663
the amount described in division (A)(1) of this section its	1664
determination that the amount would be unjust or inappropriate and	1665
would not be in the best interest of the child, and findings of	1666
fact supporting its determination.	1667

(B) For the purposes of this section, "extraordinary	1668
circumstances of the parents" includes all of the following:	1669

(1) The amount of time the children spend with each parent;

1670

(2) The ability of each parent to maintain adequate housing	1671
for the children;	1672

(3) Each parent's expenses, including child care expenses,	1673
school tuition, medical expenses, dental expenses, and any other	1674
expenses the court considers relevant;	1675

(4) Any other circumstances the court considers relevant.

1676

Sec. 3313.98.  Notwithstanding division (D) of section	1677
3311.19 and division (D) of section 3311.52 of the Revised Code,	1678
the provisions of this section and sections 3313.981 to 3313.983	1679
of the Revised Code that apply to a city school district do not	1680
apply to a joint vocational or cooperative education school	1681
district unless expressly specified.	1682

(A) As used in this section and sections 3313.981 to 3313.983	1683
of the Revised Code:	1684

(1) "Parent" means either of the natural or adoptive parents	1685
of a student, except under the following conditions:	1686

(a) When the marriage of the natural or adoptive parents of	1687
the student has been terminated by a divorce, dissolution of	1688
marriage, or annulment or the natural or adoptive parents of the	1689
student are living separate and apart under a legal separation	1690
decree and the court has issued an order allocating the parental	1691
rights and responsibilities with respect to the student, "parent"	1692
means the residential parent as designated by the court except	1693
that "parent" means either parent when the court issues a shared	1694
parentingan equal legal and physical access decree.	1695

(b) When a court has granted temporary or permanent custody	1696
of the student to an individual or agency other than either of the	1697
natural or adoptive parents of the student, "parent" means the	1698
legal custodian of the child.	1699

(c) When a court has appointed a guardian for the student,	1700
"parent" means the guardian of the student.	1701

(2) "Native student" means a student entitled under section	1702
3313.64 or 3313.65 of the Revised Code to attend school in a	1703
district adopting a resolution under this section.	1704

(3) "Adjacent district" means a city, exempted village, or	1705
local school district having territory that abuts the territory of	1706
a district adopting a resolution under this section.	1707

(4) "Adjacent district student" means a student entitled	1708
under section 3313.64 or 3313.65 of the Revised Code to attend	1709
school in an adjacent district.	1710

(5) "Adjacent district joint vocational student" means an	1711
adjacent district student who enrolls in a city, exempted village,	1712
or local school district pursuant to this section and who also	1713
enrolls in a joint vocational school district that does not	1714
contain the territory of the district for which that student is a	1715
native student and does contain the territory of the city,	1716
exempted village, or local district in which the student enrolls.	1717

(6) "Formula amount" has the same meaning as in section	1718
3317.02 of the Revised Code.	1719

(7) "Adjusted formula amount" means the sum of the formula	1720
amount plus the per pupil amount of the base funding supplements	1721
specified in divisions (C)(1) to (4) of section 3317.012 of the	1722
Revised Code for fiscal year 2009.	1723

(8) "Poverty line" means the poverty line established by the	1724
director of the United States office of management and budget as	1725
revised by the director of the office of community services in	1726
accordance with section 673(2) of the "Community Services Block	1727
Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as amended.	1728

(9) "IEP" has the same meaning as in section 3323.01 of the	1729
Revised Code.	1730

(10) "Other district" means a city, exempted village, or	1731
local school district having territory outside of the territory of	1732
a district adopting a resolution under this section.	1733

(11) "Other district student" means a student entitled under	1734
section 3313.64 or 3313.65 of the Revised Code to attend school in	1735
an other district.	1736

(12) "Other district joint vocational student" means a	1737
student who is enrolled in any city, exempted village, or local	1738
school district and who also enrolls in a joint vocational school	1739
district that does not contain the territory of the district for	1740
which that student is a native student in accordance with a policy	1741
adopted under section 3313.983 of the Revised Code.	1742

(B)(1) The board of education of each city, local, and	1743
exempted village school district shall adopt a resolution	1744
establishing for the school district one of the following	1745
policies:	1746

(a) A policy that entirely prohibits the enrollment of	1747
students from adjacent districts or other districts, other than	1748
students for whom tuition is paid in accordance with section	1749
3317.08 of the Revised Code;	1750

(b) A policy that permits enrollment of students from all	1751
adjacent districts in accordance with policy statements contained	1752
in the resolution;	1753

(c) A policy that permits enrollment of students from all	1754
other districts in accordance with policy statements contained in	1755
the resolution.	1756

(2) A policy permitting enrollment of students from adjacent	1757
or from other districts, as applicable, shall provide for all of	1758
the following:	1759

(a) Application procedures, including deadlines for	1760
application and for notification of students and the	1761
superintendent of the applicable district whenever an adjacent or	1762
other district student's application is approved.	1763

(b) Procedures for admitting adjacent or other district	1764
applicants free of any tuition obligation to the district's	1765
schools, including, but not limited to:	1766

(i) The establishment of district capacity limits by grade	1767
level, school building, and education program;	1768

(ii) A requirement that all native students wishing to be	1769
enrolled in the district will be enrolled and that any adjacent or	1770
other district students previously enrolled in the district shall	1771
receive preference over first-time applicants;	1772

(iii) Procedures to ensure that an appropriate racial balance	1773
is maintained in the district schools.	1774

(C) Except as provided in section 3313.982 of the Revised	1775
Code, the procedures for admitting adjacent or other district	1776
students, as applicable, shall not include:	1777

(1) Any requirement of academic ability, or any level of	1778
athletic, artistic, or other extracurricular skills;	1779

(2) Limitations on admitting applicants because of	1780
disability, except that a board may refuse to admit a student	1781
receiving services under Chapter 3323. of the Revised Code, if the	1782
services described in the student's IEP are not available in the	1783
district's schools;	1784

(3) A requirement that the student be proficient in the	1785
English language;	1786

(4) Rejection of any applicant because the student has been	1787
subject to disciplinary proceedings, except that if an applicant	1788
has been suspended or expelled by the student's district for ten	1789
consecutive days or more in the term for which admission is sought	1790
or in the term immediately preceding the term for which admission	1791
is sought, the procedures may include a provision denying	1792
admission of such applicant.	1793

(D)(1) Each school board permitting only enrollment of	1794
adjacent district students shall provide information about the	1795
policy adopted under this section, including the application	1796
procedures and deadlines, to the superintendent and the board of	1797
education of each adjacent district and, upon request, to the	1798
parent of any adjacent district student.	1799

(2) Each school board permitting enrollment of other district	1800
students shall provide information about the policy adopted under	1801
this section, including the application procedures and deadlines,	1802
upon request, to the board of education of any other school	1803
district or to the parent of any student anywhere in the state.	1804

(E) Any school board shall accept all credits toward	1805
graduation earned in adjacent or other district schools by an	1806
adjacent or other district student or a native student.	1807

(F)(1) No board of education may adopt a policy discouraging	1808
or prohibiting its native students from applying to enroll in the	1809
schools of an adjacent or any other district that has adopted a	1810
policy permitting such enrollment, except that:	1811

(a) A district may object to the enrollment of a native	1812
student in an adjacent or other district in order to maintain an	1813
appropriate racial balance.	1814

(b) The board of education of a district receiving funds	1815
under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended,	1816
may adopt a resolution objecting to the enrollment of its native	1817
students in adjacent or other districts if at least ten per cent	1818
of its students are included in the determination of the United	1819
States secretary of education made under section 20 U.S.C.A.	1820
238(a).	1821

(2) If a board objects to enrollment of native students under	1822
this division, any adjacent or other district shall refuse to	1823
enroll such native students unless tuition is paid for the	1824
students in accordance with section 3317.08 of the Revised Code.	1825
An adjacent or other district enrolling such students may not	1826
receive funding for those students in accordance with section	1827
3313.981 of the Revised Code.	1828

(G) The state board of education shall monitor school	1829
districts to ensure compliance with this section and the	1830
districts' policies. The board may adopt rules requiring uniform	1831
application procedures, deadlines for application, notification	1832
procedures, and record-keeping requirements for all school boards	1833
that adopt policies permitting the enrollment of adjacent or other	1834
district students, as applicable. If the state board adopts such	1835
rules, no school board shall adopt a policy that conflicts with	1836
those rules.	1837

(H) A resolution adopted by a board of education under this	1838
section that entirely prohibits the enrollment of students from	1839
adjacent and from other school districts does not abrogate any	1840
agreement entered into under section 3313.841 or 3313.92 of the	1841
Revised Code or any contract entered into under section 3313.90 of	1842
the Revised Code between the board of education adopting the	1843
resolution and the board of education of any adjacent or other	1844
district or prohibit these boards of education from entering into	1845
any such agreement or contract.	1846

(I) Nothing in this section shall be construed to permit or	1847
require the board of education of a city, exempted village, or	1848
local school district to exclude any native student of the	1849
district from enrolling in the district.	1850

Sec. 5120.653.  An inmate's participation in the prison	1851
nursery program may be terminated by the department of	1852
rehabilitation and correction if one of the following occurs:	1853

(A) The inmate fails to comply with the agreement entered	1854
into under division (A) of section 5120.652 of the Revised Code.	1855

(B) The inmate's child becomes seriously ill, cannot meet	1856
medical criteria established by the department of rehabilitation	1857
and correction for the program, or otherwise cannot safely	1858
participate in the program.	1859

(C) A court issues an order that designates a person other	1860
than the inmate as the child's residential parent and legal	1861
custodian.	1862

(D) A juvenile court, in an action brought pursuant to	1863
division (A)(2) of section 2151.23 of the Revised Code, grants	1864
custody of the child to a person other than the inmate.	1865

(E) An order is issued pursuant to section 3109.04 of the	1866
Revised Code granting shared parentingequal legal and physical	1867
access to both parents of the child.	1868

(F) An order of disposition regarding the child is issued	1869
pursuant to division (A)(2), (3), or (4) of section 2151.353 of	1870
the Revised Code granting temporary, permanent, or legal custody	1871
of the child to a person, other than the inmate, or to a public	1872
children services agency or private child placing agency.	1873

(G) The inmate is released from imprisonment.

1874

Section 2. That existing sections 3105.65, 3109.03, 3109.04,	1875
3109.041, 3109.043, 3109.051, 3109.09, 3109.56, 3119.022, 3119.24,	1876
3313.98, and 5120.653 of the Revised Code are hereby repealed.	1877