When obtaining a divorce, it is helpful to be familiar with the terminology you will encounter. This is especially true when making decisions regarding your children.
Ohio law provides three ways to allocate parental rights and responsibilities. The three terms are “shared parenting,” “sole residential and custodial parent” and, the rarest of the three, “split parenting.”
Shared Parenting (f/k/a “Joint Custody”): “Shared parenting” is always recommended by the court when possible. The term “shared parenting” does NOT refer to a fifty-fifty split in time with your children and it does NOT affect child support.
Shared parenting simply means that the parents of the minor child will “share” in the decision-making regarding the child.
Shared parenting, therefore, requires that the parents be willing and able to communicate on a regular basis.
In a shared parenting arrangement, decisions regarding things such as discipline, religion, education, sports, piercing, and/or tattoos will be made by both parents.
Both parents are deemed the “residential parent.” In other words, the child lives with both parents according to the law. However, only one parent will be designated the “residential parent for school purposes only.” The designation of “residential parent for school purposes only” simply refers to the parent who resides in the school district where the child is or will be enrolled.
If the parents agree to shared parenting but cannot agree upon a residential parent for school purposes, the court will make the decision based upon the child’s best interest. (Ohio Revised Code §3109.04 lists the many factors used in determining a child’s “best interest.”)
Parenting time (formerly referred to as “visitation”) can be enjoyed according to whatever schedule the parties feel is in the child’s best interest. The parties may agree to a fifty-fifty split in time with the child (a/k/a “split parenting”).
If the parties cannot decide on parenting time, the court will make the decision for the parents based upon the child’s best interest. (Ohio Revised Code §3109.04 lists the many factors used in determining a child’s “best interest.”)
Sole Residential and Custodial Parent (a/k/a “Sole Custody”): This parenting arrangement is common when the parents will be residing very far apart and/or when the parents cannot effectively communicate.
The parent who is designated the “sole residential parent and legal custodian” will be solely responsible for decisions regarding things such as discipline, religion, education, sports, piercing, and/or tattoos.
Being the sole residential parent and legal custodian does NOT necessarily affect the amount of time the non-residential parent will spend with the child and it does NOT, therefore, necessarily affect child support.
If the parties cannot decide who the sole residential parent and legal custodian should be, the court will make the decision based on the child’s best interest. (Ohio Revised Code §3109.04 lists the many factors used in determining a child’s “best interest.”)
Split Parenting: “Split parenting” is a fifty-fifty allocation of parenting time. This type of parenting plan is not normally ordered by a court. It is most often an arrangement agreed to by the parties. Because it is so often agreed upon, the term “split parenting” is changed to “shared parenting,” which is described above. The shared parenting plan is drafted to allow both parents equal time with the child.
A court is unlikely to order split parenting because it has been found to be quite disruptive for most children. However, this arrangement may be appropriate if the parents live extraordinarily close to each other and communicate effectively.
Split parenting (whether it is called “split parenting” or “shared parenting”) MAY affect child support due to the equal split in parenting time.
