Allocation of Parental Rights
In all divorce, dissolution, legal separation and annulment actions where there are minor children the Court will allocate parental rights and responsibilities for the care of the children. The Court will not allocate parental rights of children if any other court has determined or is in the process of determining an allocation of parental rights of the same children.
An allocation of parental rights may be awarded to one parent who is designated the residential parent and legal custodian of the children or to both parents, who would each be designated the residential parent, if shared parenting is awarded. For shared parenting to be awarded one or both of the parents file a request for shared parenting and one or both of the parents must file a shared parenting plan with the court.
The allocation of parental rights must be in the best interest of the children. Ohio Revised Code 3109.04 sets forth the requirements and factors the Court needs to consider when making an allocation of parental rights and responsibilities.
The allocation of parental rights, whether to one parent or both parents pursuant to a shared parenting plan, will provide a schedule of parenting time which designates when the children are with each parent, if that parenting time is in the best interest of the children. Ohio Revised Code 3109.051 governs the award of parenting time along with the Court’s Local Rule 17 and 18.
A Parenting Proceeding Affidavit must be filed pursuant to Ohio Revised Code 3127.23 at the initial filing of a complaint for divorce, legal separation, annulment, or petition for dissolution when there are minor children. The Parenting Proceeding Affidavit is a sworn statement stating the names and dates of birth of the minor children of the parties, their residence addresses for the previous five years and whether any or all of the children are or have been the subject of any court cases where a designation of parental rights has been made or is being considered. The Parenting Proceeding Affidavit is necessary for the Court to determine if it has the authority to issue parenting orders in the case.