Senate Passes Gavarone, Hicks-Hudson Bill To Put Children First

COLUMBUS—The Ohio Senate passed Senate Bill 174, sponsored by State Senator Theresa Gavarone (R-Bowling Green) and State Senator Paula Hicks-Hudson (D-Toledo), which would modernize domestic relations law and re-center the focus on the child’s best interests.

“No one is a winner in parenting disputes," said Senator Gavarone. “But if anyone is, it should be the kids. By passing this legislation, the Ohio Senate is taking the first step toward encouraging cooperation between separated parents.”

Senate Bill 174 changes language within the Ohio Revised Code to reflect that both parents have continuing roles and responsibilities as parents when they are not living together. The legislation also:

• Establishes a state public policy to foster and continue the relationship between the child and each parent when allocating parenting rights and responsibilities and for each parent to have parenting time and participate in decision-making regarding the child, when it is in the child’s best interest.
• Encourages parents to work together to prepare and submit a parenting plan that is best for the children.
• Requires a parenting plan to ensure that parents or legal custodians share in the responsibilities of raising a child, enable a child to enjoy a meaningful relationship with both parents or legal custodians, and maximize parenting time with each parent when it is in the child’s best interest.
• Prohibits the court from giving preference to a father or mother or legal custodian because of that person’s financial status or gender.
• Prohibits the court from drawing any presumptions from a temporary parenting order on the allocation of parenting rights and responsibilities in a parenting plan.
• Allows the court to approve or order a restriction of parenting responsibilities if the court finds that the restriction is reasonably calculated to protect a child from physical, sexual, or emotional abuse, or a parent from domestic violence.
• With unmarried parents, allows either the mother or father to file a complaint at no charge, requesting the allocation of parenting rights and responsibilities upon the father establishing parentage and provides an expedited hearing and temporary orders.
• Allows the parties to request an agreed upon modification to an existing parenting plan if they file a motion requesting that the prior plan be modified with the proposed agreed entry.
• Allows the court to approve the motion and modify the prior parenting plan if the modification is in the best interest of the child.
• Establishes additional factors for determining the best interest of the child when allocating parenting responsibilities, including a parent’s failure to comply with a temporary or other order of the court.

"One thing that everyone agrees on is that our children’s interests are paramount," added Senator Gavarone. "They must always come first, and with this legislation we will be doing just that."

Senate Bill 174 has been sent to the Ohio House for further consideration

# # #