OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 508 Bill Analysis
134th General Assembly
Click here for H.B. 508’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. West and Creech
Chenwei Zhang, Attorney
SUMMARY
Allocation of parental rights and responsibilities
 Establishes a state policy to assure:
□ That minor children have a continuing, full parent-and-child relationship with their
parents; and
□ To the greatest degree possible, that parents share equally in parenting time and
rights and responsibilities of rearing their children after parents have legally
separated, divorced, or dissolved or annulled their marriage or in situations where
the mother is unmarried.
 Establishes a rebuttable presumption that a jointly submitted shared parenting
agreement for the allocation of parental rights and responsibilities is in the best interest
of the child, unless the court finds, by clear and convincing evidence, that the allocation
would be detrimental to the child.
 Establishes a rebuttable presumption, in cases where parents do not jointly submit a
shared parenting agreement, that equal decision-making rights and responsibilities and
equal parenting time are in the best interest of the child, unless shown to be
detrimental to the child.
Shared parenting agreements
 Requires the court to encourage parents to jointly submit a shared parenting agreement
for the allocation of parental rights and responsibilities.
 Specifies provisions covering all factors relevant to the care of children that must be
included in a shared parenting agreement, including physical living arrangements, child
support obligations, school placement, and more.
 Identifies factors for the court to consider in rebutting a presumption that a shared
parenting agreement is in the best interest of the child, such as the demonstrated ability
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of each parent to cooperate with the other parent and any history of child abuse or
neglect, spouse abuse, or other domestic violence-related offenses.
 Requires the court, if it determines that a presumption is rebutted, to order the parents
to make appropriate changes to remedy the court’s objections.
 Requires the court to approve a shared parenting agreement if it is not rebutted or if
the parents jointly submit changes to meet the court’s objections to the agreement.
 Requires an approved shared parenting agreement to be incorporated into a shared
parenting order, which must be issued at the same time as, and appended to, a final
decree of dissolution, divorce, annulment, or legal separation.
 Requires a shared parenting order to take immediate effect on the date that it is issued,
subject to modification or termination under the bill’s provisions.
Parental rights and responsibilities orders
 Requires the court to issue a parental rights and responsibilities order when the parents
have not entered into a shared parenting agreement or when the court objects to a
shared parenting agreement and the court’s objections are not remedied.
 Creates a rebuttable presumption that equal decision-making rights and responsibilities
and equal parenting time in a parental rights and responsibilities order is in the best
interest of the child, unless the court finds by clear and convincing evidence that the
arrangement would be detrimental to the children.
 Requires the parent who objects to a presumption to bear the burden of proof that the
arrangement would be detrimental to the children.
 Identifies factors for the court to consider in rebutting a presumption that equal
decision-making responsibilities and equal parenting time are in the best interest of the
child.
 Requires the court, if the presumption of equal decision-making rights and
responsibilities is rebutted, to:
□ Issue an order designating one parent as the residential parent and legal custodian
of the child; and
□ Allocate most of the decision-making rights and responsibilities to the parent who
has demonstrated a greater willingness to cooperate with the other parent.
 Requires the court, if the presumption of equal parenting time is rebutted, to:
□ Issue an order allocating parental rights and responsibilities with unequal parenting
time in accordance with its determination;
□ Award the majority of parenting time to the parent more likely to honor and
facilitate parenting time for the other parent, if the court determines that one
parent has interfered with or continuously and willfully denied parenting time to the
other parent; and
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□ Construct a parenting time schedule with the child that is consistent with the child’s
welfare.
 Requires the court, if neither presumption has been rebutted, to issue an order
allocating both equal decision-making rights and responsibilities, with both parents
designated as the residential parent and legal custodian of the child, and equal
parenting time.
 Requires the court, if one presumption is rebutted but the other is not, to allocate the
nonrebutted presumption equally.
Modification and termination of orders
 Allows one or both parents under a shared parenting order or parental rights and
responsibilities order to file a motion for the order to be modified or terminated.
Shared parenting orders
 Requires the court to issue a modified shared parenting order incorporating a modified
shared parenting agreement if both parents under the order agree to a modification of
the agreement and jointly file a motion for modification, provided that the modified
agreement is not detrimental to the child.
 Requires the court to dismiss a motion for modification of a shared parenting
agreement if the court finds the modified agreement to be detrimental to the child.
 Allows a court to do one of the following when: (1) one parent files a motion for
modification of the shared parenting agreement or if both parents file separate motions
for modifications, and (2) based on facts that have arisen that were unknown to the
court, a change in circumstances has occurred for the child or parents:
□ If the court determines that the requested changes to the shared parenting
agreement are not detrimental to the child  issue a modified shared parenting
order that incorporates the modified agreement.
□ If the court determines that the requested changes are detrimental and the existing
plan is not detrimental to the child  dismiss the motion to modify the shared
parenting order.
□ If the court determines that the requested changes to the agreement are
detrimental and the existing plan is also detrimental to the child  terminate the
existing shared parenting order.
 Allows the court to terminate a shared parenting order on the motion of one or both
parents if the court determines either:
□ The shared parenting agreement incorporated into the order is detrimental to the
child; or
□ One parent demonstrates a pattern of willfully creating conflict in an attempt to
disrupt a current or pending shared parenting agreement, the court determines by a
preponderance of evidence that it is unable to enter into a shared parenting order
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that will reduce conflict, and the disruptive behavior is a material change in
circumstances.
 Requires the court to issue a parental rights and responsibilities order if a shared
parenting order is terminated because:
□ One parent has requested modification and the court concluded that both the
requested modification and the existing shared parenting plan are detrimental; or
□ One or both parents file a motion for termination and the court determines that the
shared parenting agreement is detrimental to the child.
 Requires the court to issue a parental rights and responsibilities order with the
nondisruptive parent as the residential parent and legal custodian of the child if a
shared parenting order is terminated because one or both parents file a motion for
termination and the court determines that one parent has willfully disrupted an
agreement.
Parental rights and responsibilities orders
 Allows both parents under a parental rights and responsibilities order to jointly motion
the court to modify the order as a shared parenting order, subject to the provisions
governing shared parenting agreements.
 Allows a court to make modifications when one parent files a motion or both parents
file separation motions requesting modifications of a parental rights and responsibilities
order if it determines:
□ The order is detrimental to the child; and
□ Based on facts that have arisen since the prior order that were unknown to the
court, a change in circumstances has occurred to the child or parents.
Other allocation provisions
 Allows parents to request a temporary allocation of parental rights and responsibilities
in accordance with the state policy and the bill’s presumptions.
 Requires the court to designate one of the parents’ residences in an order to serve as
the child’s home for purposes of receiving public assistance or establishing a school
district of residence.
 Requires the court to take certain factors into consideration when determining whether
to award parenting time or temporary custody to a putative father when a parent and
child relationship has not yet been established.
Parenting time and companionship and visitation
 Requires a court to issue a parenting time order if only one parent is designated the
residential parent and legal custodian of the child, unless the court finds by clear and
convincing evidence that it would be detrimental to the child.
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 Requires the court, when determining whether to grant companionship or visitation to a
grandparent or any other person related to the child, to determine that granting such
rights would not be detrimental to the child.
 Creates a presumption that equal parenting time is in the best interest of the child,
when the mother is unmarried and the father requests parenting time.
 Provides that, when a court must state its findings of fact and conclusions of law in
writing in response to denials of parenting time and companionship and visitation, it
must do so in accordance with Rule 53 of the Ohio Rules of Civil Procedure, if applicable.
Requirements for courts
 Requires each court of common pleas to adopt rules on standard parenting time
guidelines, subject to the state policy and the presumption that equal parenting time is
in the best interest of the child.
 Requires each court that issues various custody orders to compile an annual report of
data regarding the division of parenting time, as tracked by overnight stays with a
parent.
Miscellaneous
 Requires orders allocating parental rights and responsibilities, parenting time orders,
and companionship or visitation orders under existing law to remain in effect upon the
bill’s enactment, but to be enforced and modified in accordance with the bill’s
provisions.
 Recodifies existing law regarding parental rights and responsibilities, parenting time,
and companionship and visitation in the domestic relations context.
TABLE OF CONTENTS
Overview ......................................................................................................................................... 6
Allocation of parental rights and responsibilities ........................................................................... 7
State policy .................................................................................................................................. 7
Allocation of parental rights and responsibility in accordance with state policy ....................... 7
Shared parenting orders ............................................................................................................. 8
Shared parenting agreements ................................................................................................ 8
Required provisions ................................................................................................................ 9
Shared parenting agreement presumed to be in the child’s best interest ............................ 9
Rebutting the presumption .................................................................................................... 9
If a presumption is rebutted................................................................................................. 10
If a presumption is not rebutted .......................................................................................... 11
Incorporation of an approved agreement into shared parenting order .............................. 11
Effective date of shared parenting order ............................................................................. 11
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Parental rights and responsibilities orders ............................................................................... 11
Rebutting the presumption of equal decision-making responsibilities ............................... 12
Rebutting the presumption of equal parenting time ........................................................... 13
If presumption of equal decision-making rights is rebutted ................................................ 14
If presumption of equal parenting time is rebutted ............................................................ 15
If neither presumption is rebutted ....................................................................................... 15
Modification and termination of orders ................................................................................... 15
Shared parenting orders ....................................................................................................... 16
Modification when parents agree ........................................................................................ 16
Modification when parents do not agree ............................................................................ 16
Termination .......................................................................................................................... 16
Parental rights and responsibilities orders........................................................................... 17
Modification when parents agree ........................................................................................ 17
Modification when parents do not agree ............................................................................ 18
Repeal of provisions regarding interpretation of custody ........................................................ 18
Temporary orders...................................................................................................................... 18
Designation of child’s home ...................................................................................................... 19
Granting rights to a putative father .......................................................................................... 19
Parenting time and companionship and visitation ....................................................................... 19
Parenting time changes ............................................................................................................. 19
Companionship or visitation changes .....................................................