Ohio's Largest Family Law Reform in 20 Years Moves Closer to Passage
Ohio Senate Bill 174, the most comprehensive family law reform in the state since 2004, received House Judiciary Committee testimony on May 13, 2026, after passing the Ohio Senate 29-2 in November 2025. The bill would eliminate the terms "custody" and "visitation" from Ohio family law, replacing them with unified parenting plans that detail how divorcing parents share time and decision-making responsibilities for their children.
| Key Facts | Details |
|---|---|
| What happened | House Judiciary Committee heard testimony on SB 174 |
| When | May 13, 2026 |
| Senate vote | Passed 29-2 in November 2025 |
| Key change | Replaces "custody/visitation" with parenting plans |
| Who's affected | All Ohio parents in divorce, dissolution, or parentage cases |
| Current statute | Ohio Rev. Code § 3109.04 (allocation of parental rights) |
Why This Reform Matters for Ohio Families
SB 174 represents a fundamental shift in how Ohio courts approach parenting disputes, moving from adversarial custody battles to collaborative parenting frameworks. The Ohio Bar Association reports that the bill aims to reduce conflict by removing the winner-loser dynamic inherent in custody terminology.
Under current Ohio Rev. Code § 3109.04, courts allocate parental rights and responsibilities, designating one parent as the "residential parent" or awarding "shared parenting." SB 174 would replace this framework with parenting plans that must address parenting time schedules, decision-making authority for education, healthcare, and religious upbringing, and communication protocols between parents.
The 29-2 Senate vote demonstrates bipartisan support for the reform. Proponents argue that treating both parents as equal participants from the outset leads to better outcomes for children and fewer post-decree modifications.
How SB 174 Would Change Ohio Parenting Proceedings
The bill creates uniform statewide procedures while preserving judicial discretion on parenting time allocation. Ohio currently has 88 county domestic relations courts, each with varying local rules and practices. SB 174 would standardize core procedural elements across all jurisdictions.
Parenting Plan Requirements
Under the proposed legislation, every parenting plan must include seven mandatory components:
- A detailed parenting time schedule covering regular periods, holidays, school breaks, and summer vacation
- Allocation of legal decision-making authority (sole, shared, or divided by category)
- Transportation arrangements and exchange locations
- Communication methods between the child and each parent during the other's parenting time
- Dispute resolution procedures before returning to court
- Provisions for relocation by either parent
- Review and modification procedures as children's needs change
Judges would retain authority to deviate from equal parenting time when the child's best interests require it. The bill does not mandate 50/50 time-sharing, contrary to some early characterizations.
Impact on Existing Custody Orders
The legislation includes transition provisions for families with existing custody orders under Ohio Rev. Code § 3109.04. Current orders would remain in effect but could be modified using the new parenting plan framework. Parents would not need to relitigate existing arrangements solely because the terminology changed.
For pending cases, courts would apply whichever framework is in effect when the final order issues. This means cases filed before the effective date but resolved after could use the new parenting plan structure.
Practical Takeaways for Ohio Parents
Whether SB 174 passes in its current form or undergoes amendments, the direction of Ohio family law is clear. Parents navigating divorce or custody proceedings should prepare accordingly.
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Start thinking in terms of parenting time rather than custody. Draft proposals using specific days and times rather than labels like "primary custody" or "standard visitation."
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Document your current parenting involvement. Under a parenting plan framework, courts examine each parent's historical role in education, healthcare, extracurricular activities, and daily caregiving.
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Consider mediation early in the process. SB 174 emphasizes dispute resolution outside court, and parents who demonstrate cooperation may receive more favorable consideration.
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Review your existing custody order if you have one. Understand what modifications you might request under the new framework and whether the change benefits your family situation.
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Prepare detailed proposals for decision-making authority. The bill distinguishes between legal decision-making (major life decisions) and day-to-day parenting decisions, requiring clarity on who decides what.
Timeline and What Happens Next
The House Judiciary Committee will continue hearings through June 2026. If the bill passes committee, it moves to the full House for a floor vote. Given the strong Senate support (29-2), observers expect House passage if the bill reaches the floor without substantial amendments.
Should both chambers pass identical versions, the bill goes to Governor DeWine for signature. The effective date would likely be 90 days after signing, meaning an autumn 2026 effective date is possible if the legislative process continues smoothly.
Amendments remain possible during House consideration. Advocacy groups on both sides continue lobbying for changes, with some seeking stronger presumptions of equal parenting time and others arguing for greater judicial discretion.
FAQs
Does SB 174 guarantee 50/50 parenting time?
No, SB 174 does not mandate equal parenting time. The bill requires comprehensive parenting plans but preserves judicial discretion to allocate time based on each child's best interests. Judges may order unequal time when factors like work schedules, school proximity, or parental fitness warrant deviation from equal sharing.
Will my existing custody order change automatically if SB 174 passes?
Existing custody orders under Ohio Rev. Code § 3109.04 remain in effect after SB 174's passage. The new terminology applies to modifications and new cases. Parents with existing orders may petition to convert their arrangement to a parenting plan but are not required to do so.
When could SB 174 take effect?
If SB 174 passes the House and receives the Governor's signature by July 2026, the effective date would be approximately 90 days later, placing implementation in October or November 2026. Legislative delays could push the effective date into 2027.
How does SB 174 affect child support calculations?
SB 174 primarily addresses parenting time and decision-making, not child support. Ohio child support calculations under Ohio Rev. Code § 3119.02 use parenting time as one factor in the worksheet. Increased parenting time for one parent could reduce that parent's support obligation, but the support formula itself is not directly modified by SB 174.
What if parents cannot agree on a parenting plan?
When parents cannot agree, the court creates a parenting plan after evaluating evidence at a hearing. SB 174 includes provisions for court-ordered mediation before trial and requires judges to consider each parent's willingness to facilitate the child's relationship with the other parent when crafting the final plan.
Connect with an Ohio Family Law Attorney
Ohio's family law landscape is evolving. Whether you are beginning a divorce, seeking to modify an existing arrangement, or simply want to understand how proposed changes might affect your family, speaking with an experienced Ohio family law attorney can help you navigate these transitions.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.