OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
No, you
S.B. 325 Bill Analysis
135th General Assembly
Click here for S.B. 325’s Fiscal Note
Version: As Introduced
Primary Sponsors: Sens. Gavarone and Hicks-Hudson
Effective date:
Chenwei Zhang, Attorney
SUMMARY
Allocation of parenting responsibilities
▪ Establishes a state public policy to foster and continue the relationship between the child
and each parent when allocating parenting responsibilities and for each parent to have
parenting time and participate in decision-making regarding the child, when it is in the
child’s best interest.
▪ Replaces the concepts of “parental rights and responsibilities” with “parenting
responsibilities” and “residential parent and legal custodian” with “designated parent and
legal custodian” of a child and repeals the concepts of shared parenting and sole custody.
▪ Requires a court to allocate parenting responsibilities in a proceeding pertaining to the
allocation of parenting responsibilities, which includes a divorce, dissolution, legal
separation, or annulment proceeding or any other relevant proceeding.
Parenting plans
▪ Requires an allocation of parenting responsibilities, which the bill defines, to be
incorporated into a parenting plan that must be approved by the court.
▪ Redefines “parenting time” to mean the time that a parent is responsible for a child under
a parenting plan and specifies that the General Assembly requests each court with
jurisdiction over domestic relations matters to review and update the court’s local rules
regarding parenting time to comply with the bill’s provisions.
▪ Requires a parenting plan to ensure that parents or legal custodians share in the
responsibilities of raising a child, enable a child to enjoy a meaningful relationship with
both parents or legal custodians, and maximize parenting time with each parent when it
is in the child’s best interest, and establishes provisions that must be included in a
parenting plan.
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▪ Requires a parenting plan to be filed no later than 30 days before a hearing to determine
the allocation of parenting responsibilities.
▪ Allows parents or legal custodians to file separate or joint parenting plans, which the court
must oversee according to the following provisions:
 When the parents or legal custodians file a joint parenting plan:
❖ Requires the court to approve the plan if it finds that the plan’s provisions are in
the best interest of the child;
❖ Requires, if the court finds that the plan is not in the best interest of the child, the
court to either allow the parents or legal custodians to make appropriate changes
to resolve the court’s objections or approve its own plan.
 When a parent or legal custodian files one or more separate parenting plans:
❖ Requires the court to review each plan to determine whether it is in the best
interest of the child and to approve the plan that is found to be in the best interest
of the child;
❖ Requires, if the court finds that neither plan is in the best interest of the child, the
court to either allow the parents or legal custodians to make appropriate changes
to resolve the court’s objects or approve its own plan.
 Allows a court to object to a provision for substantially equal parenting time in either
a joint or separate parenting plan if it determines that it is not in the child’s best
interest, endangers the safety of the parties, or for other good cause shown, and
provides written findings to support its determination.
▪ Requires the court to approve its own parenting plan if no parent or legal custodian files
a plan.
No preferential treatment and presumptions
▪ Prohibits the court from giving preference to a parent or legal custodian because of that
person’s financial status or gender.
▪ Prohibits the court from drawing any presumptions from a temporary parenting order or
consider it as a factor in making a final decision on the allocation of parenting
responsibilities in a parenting plan.
Restrictions
▪ Allows the court to approve or order a restriction of parenting responsibilities if the court
finds, based on a preponderance of evidence, that they are reasonably calculated to
protect a child from physical, sexual, or emotional abuse, or a parent from domestic
violence.
▪ Specifies the circumstances that constitute such danger and the types of restrictions that
may be imposed.
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Appointment of legal custodian when no parent is suitable
▪ Allows the court to designate a relative or kinship caregiver as the legal custodian of a
child or certify the matter to the juvenile court if the court determines on the record that
no parent is found suitable to be allocated parenting responsibilities under a parenting
plan, based on established factors and provided that the designation is in the best interest
of the child.
Unmarried females
▪ Designates an unmarried female who gives birth to a child as the sole designated parent
and legal custodian of the child until a court of competent jurisdiction designates another
person as such, based on the best interest of the child.
Modifications of existing parenting plans
▪ Allows the parties to request an agreed upon modification to an existing parenting plan if
they file a motion requesting that the prior plan be modified and the proposed agreed
entry.
▪ Allows the court to approve the motion and entry or conduct a hearing on it and modify
the prior parenting plan if the modification is in the best interest of the child.
▪ Allows one party to make a modification that all parties do not agree to if that person files
a motion requesting modification and specifying the modification sought and a
supporting affidavit setting forth the substantial change of circumstances necessitating
the modification and why the modification is in the best interest of the child.
▪ Allows the court to approve the modification upon finding a substantial change in
circumstances has occurred, a modification is in the best interest of the child, and that
one of the following applies:
 All parties to the proceeding agree to the modification;
 The child has been integrated into the family of the parent or legal custodian seeking
modification with the consent of the other parent or legal custodian;
 The advantages of the modification outweigh any harm to the child.
Appeals
▪ Requires that if an appeal is taken from an order of a court that grants or modifies
parenting responsibilities in a parenting plan, the court of appeals must give the case
calendar priority and handle it expeditiously.
Temporary orders
▪ Allows the court to make a temporary order allocating parenting responsibilities when it
is requested in a motion, upon satisfactory proof by affidavit duly filed with the clerk of
court.
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▪ Allows a party to make a written request for an oral hearing to modify a temporary order
and requires a court to grant the request no later than 24 days after receipt.
Active military service
▪ Recodifies and mostly maintains current law provisions regarding active military service
and its impact on the allocation and modification of parental rights and responsibilities
and orders for parenting time, but with the following changes:
 Combines into one process the two current law processes regarding active military
service and its impact on (1) orders allocating parental responsibility and (2) parenting
time orders, primarily using the process for active military service regarding
allocations of parental rights and responsibilities as the pattern;
 Eliminates the requirement that notice be made to the other parent regarding a
pending parenting responsibilities allocation proceeding within three days of receipt
of active military service orders;
 Eliminates the ability of the court, pursuant to specific findings of fact, to modify a
prior allocation decree if there has been a change in circumstances of the child or the
parents and modification serves the child’s best interests;
 Adds the following that may be included in a temporary order to modify parenting
responsibilities during a parent’s active military service;
❖ Delegate all or part of parenting time to a relative or another person who has a
close and substantial relationship with the child;
❖ Require the other parent to make the child reasonably available for parenting time
when the parent in active military service is on leave;
❖ Require the other parent to facilitate contact, including telephone and electronic
contact, between the child and the parent in active military service.
Best interest factors
▪ Establishes factors for determining the best interest of the child when allocating
parenting responsibilities.
Investigations and evaluations
▪ Allows a court to order a parent, legal custodian, or child to submit to any of the following
when determining the allocation of parenting responsibilities:
 The investigation of any relevant circumstances and conditions regarding the
allocation of parenting responsibilities, including character, family relations, past
conduct, earning ability, and financial worth of the parties to the action;
 The evaluation of any relevant circumstances and conditions regarding the allocation
of parenting responsibilities, including substance abuse, medical, psychological, or
psychiatric interviews, tests, examinations, and assessments;
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 The custody evaluation as described in the Rules of Superintendence for the Courts of
Ohio, as of September 1, 2022.
Interviewing a child
▪ Allows a court to interview a child regarding the child’s wishes and concerns as it relates
to the allocation of parenting responsibilities, and requires such an interview if requested
by either party.
▪ Allows the court to designate a mental health professional to assist in conducting such an
interview.
▪ Requires the child’s attorney (if any) and any court personnel deemed necessary at the
court to be present at the interview, and allows a child’s guardian ad litem (GAL) and
mental health professional to be present.
Prohibition of parent or legal custodian’s attorney against speaking
to child
▪ Prohibits an attorney representing a parent or legal custodian from discussing the issue
of parenting responsibilities with any child who is the subject of the attorney’s
representation of a client.
Appointment of GAL and attorney for child
▪ Allows the court (or requires, if otherwise required by law) to appoint a GAL for a child,
who must serve in the best interest of the child and owe a duty of candor to the court.
▪ Allows the court to appoint an attorney for a child, and specifies provisions that must be
included in such an appointment.
Counseling and parent and child education
▪ Allows the court to order a parent or legal custodian to participate in counseling with a
licensed mental health professional or through community programs.
▪ Requires the court to order the parents or legal custodians to complete parent education,
unless the proceeding involves allegations of abuse or neglect or a dependent, unruly, or
dependent child.
▪ Allows the court to complete additional parent education upon completion of the initial
education and to waive the parent education requirement for good cause shown.
▪ Allows the court to order any party to deliver a child to attend child education as
appropriate to the child’s needs.
Notice of intent to relocate
▪ Requires a relocating parent to file a notice of intent to relocate with the clerk of court
and for the clerk to send a copy of the notice to the last known address of the
nonrelocating parent.
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▪ Requires a notice of intent to relocate to be filed no later than 60 days before the date of
the intended relocation or no later than ten days after the relocating parent knew of the
relocation, if the 60-day requirement cannot be met.
▪ Allows a court to take certain actions if the court finds that the health, safety, and welfare
or liberty of a person, including a child, would be reasonably put at risk by the relocating
party filing a notice of intent to relocate.
▪ Allows a nonrelocating parent to file a motion objecting to a relocation and seek an order
restricting the relocation when the relocation would render any portion of the parenting
plan impracticable, not in the child’s best interest, or violate restrictions in the plan.
▪ Establishes a number of factors that the court must consider in making a decision on a
proposed temporary or permanent relocation, in order to foster a continuing meaningful
relationship between the child and nonrelocating parent.
Companionship and visitation
▪ Recodifies current law provisions regarding companionship and visitation, but largely
maintains that law, which addresses the process for obtaining those rights, the factors a
court must consider, and the effect of parental remarriage.
▪ Applies to companionship and visitation determinations several provisions related to
interviewing a child in chambers regarding the child’s wishes and concerns when
allocating parenting responsibilities.
▪ Specifies that the following individuals are eligible for companionship or visitation: a
relative, person who has served as a kinship caregiver, or any other person related to the
child by consanguinity and affinity, other than a parent.
Supervisor of parenting time or companionship or visitation
▪ Requires the court to approve or designate a supervisor of parenting time or
companionship or visitation, who must adhere strictly to the terms ordered by the court
and be willing and able to protect a child from harm.
Interference with parenting time or companionship or visitation
▪ Allows for the filing of a motion and supporting affidavit alleging interference with
parenting time under a parenting plan or companionship or visitation and requires the
court to hold a hearing on the motion.
▪ Specifies orders or other actions that the court may take if it finds that there has been
unreasonable interference.
Child support
▪ Changes definitions under existing child support law to accommodate the changes the bill
makes regarding the allocation of parenting responsibilities in a parenting plan.
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▪ Establishes new provisions with regard to the effect of child custody on the calculation of
child support after the bill’s effective date.
Access to daycare, records, and student activity
▪ Recodifies but largely maintains current law regarding access to daycare, records, and
student activity.
▪ Removes dist