Ohio law encourages unfair custody arrangements

Can we all agree that children deserve two parents in their lives after divorce?

It turns out maybe we can.

In a recent survey conducted by Public Policy Polling, 83% of Ohioans agreed that “a child would benefit from having equal time with both fit and willing parents following divorce.”

Surprisingly, current Ohio law fails to support this assumption.

Instead, it dictates that, in the absence of an approved parenting plan, one parent is granted sole custody while the other is allocated “continuing contact with the children.”

What does that even mean?

National Parents Organization, a nonprofit advocating for equal parenting, learned that in Ohio, guidelines for parenting time allocation are set by the counties.

Based on National Parents Organization’s review of these, most Ohio counties employ a schedule that limits non-custodial parents to every other weekend, plus one evening a week. This equates to only 16% of total available time.

How can a dad or mom be expected to remain a major force in a child’s life when they have so little time together?

Ohio House representatives Rodney Creech (Rwest Alexandria) and Thomas E. West (D-canton) recently introduced House Bill 508, the Equal Parenting Act – Children Need Both Parents, to fix this.

Currently, often lopsided, unfair custody arrangements pit divorced parents against each other, and children become one more possession to fight over.

This sets families up for years of conflict. Both parents, fearing they could lose their child, look to prove they are fit while seeking to discredit their opponent. But wait a minute! Aren’t we all on the same team here?

In my recent book, “Combative to Collaborative: The Co-parenting Code,” I impress upon parents how working together makes life easier and happier for everyone.

Shouldn’t Ohio’s laws also support these goals? When parents share parenting responsibility equally, they have fewer reasons to remain in conflict. No longer living in fear of losing parental rights, they are liberated to focus on doing what is best for their children.

Additionally, they spend less time and money in court and on legal fees, leaving more for other family needs.

When one parent is granted sole custody — often the mother — they can become over-burdened with parenting responsibility in the home, while the non-custodial parents find themselves relegated to visitor status in their children’s lives. Not surprisingly, many of these parents choose to forgo teaching responsibility or imposing discipline. Consequently, children of divorce often miss out on valuable life lessons.

Creech believes that a good parent should not have to prove they are fit when they divorce their spouse.

However, he points out that when issues of abuse, neglect, criminal behavior, or addiction exist, the new bill ensures that courts may consider these factors and deviate from the equal-time presumption when it is in the best interest of the child or children to do so.

West sees this bill as an opportunity to go beyond improving the lives of families to actually strengthening entire communities.

As John F. Kennedy once said, “a rising tide lifts all boats.”

House Bill 508 entered the legislative process with a diverse and bipartisan slate of 61 sponsors — more evidence that this bill is one on which we really can all agree. Now isn’t that something we can use more of these days?

Teresa Harlow is an author, speaker, and conflict resolution specialist in central Ohio.