Ohio Senate Approves Historic Family Law Reform: SB 174 Eliminates 'Custody' in Favor of Parenting Plans
Ohio's Senate passed SB 174 on a 29-2 vote, marking the state's most significant family law reform in two decades. The bill eliminates traditional custody terminology—including "residential parent," "custodial parent," and "visitation"—replacing it with mandatory parenting plans that detail time allocation, decision-making authority, and dispute resolution mechanisms. The legislation now moves to the Ohio House for consideration.
| Key Facts | Details |
|---|---|
| What happened | Ohio Senate passed SB 174, overhauling family law terminology and procedures |
| Vote count | 29-2 in favor |
| Current status | Awaits Ohio House action |
| Key change | "Custody" and "visitation" replaced with "parenting time" and "parenting plans" |
| Affected statute | Ohio Rev. Code § 3109 (child custody and parenting) |
| Practical impact | All divorcing parents with children must submit detailed parenting plans |
Why This Legislation Matters for Ohio Families
SB 174 fundamentally shifts how Ohio courts approach parental rights after divorce. The bill establishes a state policy explicitly supporting meaningful relationships with both parents when doing so serves the child's best interest. This represents a departure from Ohio's current framework, which critics argue creates "winners" and "losers" through designations like "residential parent" and "non-residential parent."
The terminology change carries real legal weight. Under current Ohio Rev. Code § 3109.04, courts designate one parent as the "residential parent and legal custodian" while the other receives "parenting time" (formerly called visitation). SB 174 would require both parents to submit a comprehensive parenting plan addressing:
- Physical time allocation with specific schedules
- Decision-making authority for education, healthcare, and religious upbringing
- Holiday and vacation arrangements
- Communication protocols between households
- Dispute resolution procedures before returning to court
The Ohio Bar Association reports that proponents argue this approach reduces parental conflict by focusing on practical arrangements rather than adversarial custody battles. Research from states that adopted similar terminology—including Kentucky, which passed comparable legislation in 2018—suggests the reframing correlates with reduced post-divorce litigation rates.
How Ohio Law Currently Handles Custody Determinations
Ohio's existing custody framework operates under Ohio Rev. Code § 3109.04, which requires courts to consider 16 statutory factors when determining custody arrangements. These factors include:
- The wishes of the child's parents
- The child's wishes and concerns (if interviewed by the court)
- The child's relationship with parents, siblings, and other significant individuals
- The child's adjustment to home, school, and community
- The mental and physical health of all parties
- Which parent is more likely to honor court-approved parenting time
- Whether either parent has failed to make child support payments
- History of domestic violence or abuse
Under current law, courts may award "shared parenting" when both parents agree to a shared parenting plan and the court finds it in the child's best interest. However, approximately 83% of Ohio custody cases still result in one parent being designated as the residential parent, according to Ohio Department of Job and Family Services data from 2024.
SB 174 would modify Ohio Rev. Code § 3109.04 to require parenting plans in all cases involving minor children, regardless of whether parents agree. Courts would evaluate these plans using best-interest factors but without the presumption that one parent should be designated as "primary."
What Changes If SB 174 Becomes Law
The legislation introduces several procedural requirements that Ohio parents should understand:
Mandatory Parenting Plan Submission
Both parents must file parenting plans within 60 days of initiating divorce proceedings. Plans must specify:
- A weekly schedule allocating parenting time
- Provisions for school breaks, holidays, and summer vacation
- Transportation arrangements for exchanges
- Communication methods (phone, video calls, messaging)
- How parents will make major decisions regarding the child
Decision-Making Authority Categories
SB 174 requires plans to address decision-making in four specific categories: education, healthcare, extracurricular activities, and religious upbringing. Parents may allocate these jointly or divide them, with one parent having final authority in specific areas.
Dispute Resolution Requirements
Before returning to court for modification disputes, parents must attempt resolution through mediation or another agreed-upon method. This provision aims to reduce family court caseloads while encouraging cooperative co-parenting.
Modification Standards
The bill maintains Ohio's existing standard requiring a "change in circumstances" for parenting plan modifications under Ohio Rev. Code § 3109.04(E)(1)(a). However, it clarifies that routine developmental changes in children—such as starting school or reaching adolescence—may constitute changed circumstances warranting plan review.
Practical Takeaways for Ohio Parents
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If you are currently divorcing with minor children, monitor SB 174's progress through the Ohio House. If passed and signed, the effective date would likely be 90 days after the governor's signature, meaning cases filed before that date would proceed under current law.
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Begin thinking about parenting arrangements in practical terms rather than "winning custody." Draft a proposed weekly schedule, identify which decisions you feel strongly about making jointly versus independently, and consider how you will communicate with your co-parent.
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Gather documentation supporting your involvement in your children's lives. School records, medical appointment attendance, extracurricular participation, and communication logs become relevant evidence when courts evaluate proposed parenting plans.
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Consider mediation early in your case. SB 174's dispute resolution requirements signal Ohio's preference for cooperative resolution. Courts view parents who attempt mediation favorably when evaluating parenting plan proposals.
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Consult with an Ohio family law attorney about how pending legislation may affect your case timeline and strategy. Cases initiated before SB 174's effective date would proceed under current Ohio Rev. Code § 3109 provisions.
Frequently Asked Questions
Does SB 174 guarantee 50/50 parenting time in Ohio?
No, SB 174 does not mandate equal parenting time. The bill requires parenting plans but leaves time allocation to parental agreement or court determination based on best-interest factors. Courts will still have discretion to allocate parenting time unequally when circumstances warrant, such as cases involving domestic violence, substance abuse, or geographic distance between households.
When would SB 174 take effect if passed by the Ohio House?
If the Ohio House passes SB 174 and the governor signs it, the law would typically take effect 90 days after signature. Cases filed before the effective date would proceed under current Ohio Rev. Code § 3109.04 provisions. The House has not yet scheduled committee hearings, so timing remains uncertain.
Will existing Ohio custody orders need to be modified under SB 174?
Existing custody orders would remain valid and enforceable. SB 174 applies to new cases filed after the effective date. However, parents with existing orders could voluntarily modify their arrangements to adopt parenting plan terminology, and future modification requests would be evaluated under the new framework.
How does Ohio's SB 174 compare to Kentucky's 2018 custody reform?
Kentucky's 2018 legislation (KRS 403.270) established a rebuttable presumption of equal parenting time, which SB 174 does not include. Ohio's bill focuses on terminology changes and procedural requirements without presuming any specific time allocation. Kentucky reported a 10% reduction in custody-related court filings within two years of implementation.
What happens if parents cannot agree on a parenting plan under SB 174?
When parents cannot agree, each submits a proposed parenting plan to the court. The court then creates a plan based on the child's best interests, drawing from both proposals and applying factors under Ohio Rev. Code § 3109.04. Courts may also order mediation before ruling on disputed plans.
Connect With an Ohio Family Law Attorney
Navigating custody and parenting arrangements—whether under current law or pending reforms—benefits from experienced legal guidance. Our directory includes Ohio family law attorneys who can help you understand how these changes may affect your situation.
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.