Questions Related To Shared Parenting Laws
Q. What does one mean by shared parenting?
Shared parenting is also known as joint physical custody where the parents share the parenting time equally and both are considered as the legal guardians of the child.
Q. If one is paying child support, what procedure needs to be followed in order for them to move to another state?
One can move to another state, but ensure that the child support is being paid regularly. Due to the movement from one state to the other, if one quits the job and not pays child support; the ex-spouse may file a petition in the court for back payments. The unpaid child support payments can attract interest payments to be added. One may contact the child support agency where the payments are remitted and find alternative means to send payments so that child support is not missed. If payments are made on time, there would be no issues.
Q. Is there any impact of shared parenting on child support in the state of Ohio?
The court determines child support and shared parenting may not have any impact on child support. An income based child support guideline is followed in Ohio, which takes into account the following factors:
The income of both parents
The work/education related child care expenses by either parent
The standard of living the child would have if the family were together.
Q. In the state of Ohio, what rights does one have on visiting the child if they have been granted shared parenting?
In Ohio, one may visit the child at the agreed time that has been set forth in the shared parenting plan, which has been approved by the court. Joint custody does not imply that the child will stay exactly fifty percent of the time with each parent. The childs best interest should be considered when agreeing upon a parenting time. The court may not approve an agreement which requires the child to stay at a different home every night. If the parents are not happy with a shared parenting plan that has been approved by the court, then either one or both the parents can approach the court to modify the arrangement. The parents would be required to prove that the modified arrangement is still the best for the child, and the best interest of the child has been considered. Ohio Revised Code Section 3109.04(F) (1) determines shared parenting is in the best interest of the child and includes factors like:
Parents ability to cooperate and make consensual decisions, with respect to the child.
Parents ability to encourage love, affection and contact between the child and the other parent.
History to potential of child abuse, spousal abuse, or domestic violence, or parental kidnapping by either parent.
Recommendation of the
guardian ad litem of the child, if the child has one.
As per Ohio law no preference will be shown towards either parent with regards to the court ruling on parental rights and responsibilities because of the parents financial status or condition.
Q. Due to job loss if one parents income becomes less than the income of the other parent, should child support still be paid by the parent who has lost the job?
In such a scenario one should approach the court to explain the situation and request for an alteration in the child support order. To accomplish this one may obtain the forms and the procedures online. One may also be able to ascertain the amount that one may need to pay due to income reduction. Guidelines for this may also be available online.
Q. In the state of Florida if the parents have been granted shared parenting, is it required that permission of the other parent is obtained for the child to be taken out of state by a parent?
One would need to refer to the shared parenting plan to verify if permission is required. Generally, there would be a section in the plan regarding foreign or out of state travel. It is common for parents to agree that no consent is required for out of state travel. However, it is important that the child be available during the visitation time of the other parent.
The rights of parents with regards to shared parenting may be difficult to decipher sometimes. Few of the parents may be unaware that child support is required to be paid though they have been granted shared parenting rights and that income of both parents is a factor determining
child support. You may speak to a
family lawyer if you need further information on the subject.
by: MeghanJones
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