OH custody: Study suggests shared custody is the new norm in the U.S.

Shared custody is becoming a common divorce outcome, but Ohio courts evaluate various factors instead of presuming one arrangement is best for every child.

For parents going through a divorce in Cincinnati, Ohio, one of the most difficult tasks can be determining what custody arrangement is best for the children. In the past, mothers were often given preference in child custody decisions, but today, this trend is no longer clear. In fact, a recent study indicates that shared custody is becoming increasingly common, while sole custody awards are less prevalent.

New parenting norms

Changing gender roles and social norms have made it more common for parents to share responsibility in raising their children, and courts are recognizing this shift. Researchers from the University of Wisconsin-Madison recently released the results of a study of 9,873 divorce cases that occurred between 1986 and 2008, according to Science Daily. Over that 22-year period, the following shifts occurred:

• The number of cases in which mothers received full custody dropped from 80 percent to 42 percent.
• The number of cases in which parents were awarded joint custody with uneven parenting time increased from 3 percent to 18 percent.
• The number of cases in which parents were awarded joint custody and equal parenting time increased from 5 percent to 27 percent.
• The number of cases in which fathers received full custody decreased slightly, from 11 percent to 9 percent.

These findings were based exclusively on data from Wisconsin, but there are signs that joint parenting is becoming more common throughout the country. According to USA Today, more states are considering laws requiring each parent to receive a certain minimum amount of parenting time, except in cases involving domestic violence or unusual circumstances. Still, even in states that show an interest in encouraging joint parenting, judges are given considerable discretion in finding the optimal arrangement.

Ohio custody considerations

In Ohio, family law judges do not presume that sole custody or joint custody is inherently more beneficial for a child. State law does not require that either parent receive a minimum amount of parenting time, and joint custody can only be awarded if at least one parent requests it, according to the Ohio Code.

If both parents favor sole custody, the court must designate one parent as the legal custodian and residential parent. If a parent requests joint custody but fails to submit a parenting plan, the court will award sole custody. Similarly, if the parenting plan submitted is not in line with the child's best interests, the court must award sole custody.

To find the arrangement that is in the best interests of each child, a judge may consider the desires of the child and both parents, the physical and emotional health of both parents and the child's ability to adjust to any coming changes. If a parenting plan is submitted, the plan must address virtually all aspects of the child's upbringing, and a judge must determine that the plan honors the child's best interests.

Ensuring ideal outcomes

Although shared custody is becoming more common, it does not represent a default or ideal solution for every family. Additionally, shared custody is not a guaranteed outcome for families that believe joint parenting is the best option. Any parent preparing for a divorce in Ohio should work with an experienced attorney to arrive at the child custody arrangement that is optimal for the family.

Keywords: Child custody, divorce, visitation, shared custody