What Is Ohio Senate Bill 174?
Ohio Senate Bill 174 – Key Parenting Law Changes
The bill, which is over 400 pages long, 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. It replaces language to make the law more modern. For example, instead of using the terminology “parenting time” the bill utilizes the term “companionship”.
The bill also eliminates the use of the phrase “parental rights and responsibilities” for a more child-centered phrase of “parenting responsibilities”. The goal is to remove terms that encourage conflict and instead employ terminology that focuses on the duties responsible parents owe to their children and each other. The bill essentially eliminates shared parenting, sole custody, and split custody as it presently exists.
As a part of this child-centered approach, Senate Bill 174 replaces the existing legal framework for determining child custody and parenting time with a new “parenting plan” approach. The proposed legislation introduces new standards for modifying existing parenting plans, expands the factors a court considers when determining the best interests of a child, and provides detailed guidance for courts in making parenting allocation decisions. An emphasis is placed on the importance of cooperation between parents or custodians.
Ohio Senate Bill 174 and Its Impact on Domestic Violence Protections
It allows the court to approve or order a restriction of parenting responsibilities if the court finds, based on a preponderance of evidence, that the restriction is reasonably calculated to protect a child from physical, sexual, or emotional abuse, or a parent from domestic violence. It also specifies the circumstances that constitute such danger and the types of restrictions that may be imposed.
It allows the Court to prohibit all contact or parenting time with a child, if it finds other less severe restrictions on parenting time will not adequately protect a child, parent, or legal custodian who is a victim of domestic violence from an unreasonable risk of harm or abuse.
The bill would prohibit the court from giving preference to a parent or legal custodian because of that person’s financial status or gender. It also prohibits presumptions regarding the allocation of parenting responsibilities based on the terms of temporary orders issued at the onset of a case. Further, it prohibits an attorney representing a parent or legal custodian in a proceeding pertaining to the allocation of parenting responsibilities from discussing the issue of parenting responsibilities with a child who is the subject of the proceeding.
In addition, it allows a court to assess attorney fees and litigation expenses upon finding that a motion to modify a parenting plan was brought in bad faith or the party’s actions constituted frivolous conduct.
What Stays the Same in Ohio Senate Bill 174?
The bill retains traditional safeguards, avoiding presuming preference based on a parent’s gender or financial status. It also continues to emphasize that the best interests of the child are of the highest priority.
Support for the Bill:
The Ohio State Bar Association (OSBA) has voted to support the bill. Eric W. Johnson, who is an OSBA Certified Specialist in Family Relations Law, notes that the bill “is the culmination of decades of work involving a wide array of stakeholders and experts in the field of family law with the ultimate purpose of promoting and preserving the importance of the parent-child relationship for the wellbeing of Ohio’s children.”
The official bill can be accessed at: https://www.legislature.ohio.gov/legislation/136/sb174
Conclusion:
As mentioned above, this is a very long and complex bill. I have tried to share some key provisions which jump out to me as a long-tenured Ohio divorce lawyer. Approximately 40% of children in the United States experience parental divorce by the age of 18. In addition, the U.S. Census reports that nearly 19 million children currently reside in single-parent households. Obviously, the passage of the bill has broad implications for Ohio families and children. We will continue to keep our readers posted on the progress of this important Ohio family law bill!
PUBLISHER’S NOTE:
I want to thank Rachel Recker for helping draft this blog article. Rachel is clerking with MuesLaw this Summer. She graduated in May from the University of Dayton School of Law and besides clerking with us she is studying for the Bar exam. Great job Rachel! We are glad you are working with us
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Attorney Robert “Chip” Mues has been focusing his legal practice throughout Southwest Ohio primarily in divorce and family law matters since 1978. Chip is passionate about family law and has proudly published the Ohio Family Law Blog since 2007. In addition, he previously managing the Dayton law firm of Holzfaster, Cecil, McKnight & Mues LPA until it dissolved on December 31, 2024. He recently has founded MUESLAW in 2025. To learn more about him or MUESLAW, visit www.MuesLaw.com. Appointments are available in person, over the phone or by Zoom. Call us at 937 293-2141.
