USA – OHIO Law and Practice Contributed by: Andrew A Zashin, Amy M Keating, Kyleigh A Weinfurtner and Christopher R Reynolds, Zashin Law
diately preceding the filing of the complaint. If the child does not have a “home state”, the state where the child has the most substantial con - nection shall have initial custody jurisdiction. If the “home state” has declined to exercise juris - diction because Ohio is the more appropriate forum, Ohio would then have jurisdiction over the child. In the event of a dispute over which state has jurisdiction to issue an order pertaining to cus - tody and parenting time, the court will conduct a fact-based analysis, considering factors such as the amount of time the child spent in each state, where the child’s school and doctors are located, and where the children participate in extracurricular activities and social events. “Home state” does not need to be a state of the United States. A foreign country can be a child’s home state under the UCCJEA. 3.2 Living/Contact Arrangements and Child Maintenance Allocating Parental Rights and Responsibilities In the event that the parents are unable to reach an agreement regarding parental rights and responsibilities pertaining to a child, the parties will submit the issue to the court. The court that will hear the matter depends on the marital sta - tus of the parties. A domestic relations court will decide the parenting time schedule and living arrangements for parents terminating their mar - riage. Typically, a juvenile court will decide the parenting time schedule and living arrangements for parents who have never been married. In issuing an order allocating parental rights and responsibilities, and setting forth a parenting time schedule, the court must conduct a “best interest” analysis, considering factors such as:
• the wishes of the parents; • how well the child interacts with the parents, siblings, and others; • how well the child adjusts to each parent’s home, community and school; • the mental and physical health of the child and parents; • which parent is more likely to honour and facilitate court-approved parenting time; • whether a parent failed to make all the child- support payments they were required to make pursuant to a court order; • whether a parent or household member has been convicted of abuse or neglect; • whether a parent has wilfully denied the other parent’s visitation rights pursuant to a court order; and • whether a parent is planning to establish a residence outside the state. The court will then issue an order regarding who has the ability to make decisions on behalf of the child with respect to issues of education, religion, medical treatment and extracurricular activities, as well as a parenting time schedule. “Shared parenting” means that the parties can jointly make custodial decisions; “sole custo - dy” means that one party has decision-making authority with respect to the above-referenced issues. The court will also have to select a parent to be “residential parent for purposes of public- school enrollment”, if the parties are otherwise unable to agree. This is the parent in whose pub - lic school district the child will attend school. The court will also have to issue a parenting time schedule that is in the child’s best interest. The custodial decision-making authority and parent - ing time schedule can mirror one another, but do not have to. For example, a court can order an equal parenting schedule, such as week-on/ week-off, even if one parent has sole custody.
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