SB174 as passed by the Senate
This will break down where the problem starts line by line, as well as what problems it causes all families
in Ohio. When I say all, I am including those who are divorcing, those who are divorced, the never-
married who are or have had custody orders issued by the courts, and those just starting that process.
LSC did an analysis of this bill and a financial analysis of this bill, but it does not explain, in detail, the
problems that it will cause or the high cost of this bill. LSC limits its cost analysis to the government,
while we show the costs to all families and the government and agencies.
The intact families of Ohio do not escape from the overreach of this bill.
The bill has major issues and conflicts with Federal Law in several places.
There are major constitutional questions that make this bill “unconstitutional on its face”.
There are major items that were removed from the current law that will cause chaos in the courtroom
and in the lives of children. The “factors” are spread all over the place and are not consistent from
section to section. This will cause a major increase in the cost of litigation and the cost of operating the
courts.
The presumption of equality that is currently ORC 3109.03 and the
backup in Ohio’s stated policies about child-parent relationships in
other sections is missing from this bill.
There are sections and changes in language that will affect intact
families and would force them to go to court and to have one of the
members named as the designated parent for something as simple as a
Power of Attorney.
Line 196 – As written, only the designated parent can report a child
missing. This would affect intact and divorced/never-married parents. Affects state and federal law
enforcement.
Line 272 – The term designated parent is used throughout this bill and will affect every parent in the
state.
Line 371 – There is a confusing definition of the terms for parents. This likely comes from the DEI
perspective of the LSC drafter.
Line 435 – Repetitious.
Line 491 – This section will block out the non-designated parent from participation in the deceased
child's funeral.
Line 503 - The term designated parent is used throughout this bill and will affect every parent in the
state.
Line 514 – The use of a designated parent contradicts the statement that neither parent has superior
rights over the raising and decision-making of the child.
Line 530 – This will affect Ohio’s participation in UCCJEA because other states use residential parent
within their terminology.
Line 649 – When someone is appointed guardian by the probate court, it happens after the person has
reached the age of maturity, which is 18 in Ohio.
Line 766 – Permanent custody can only take place if a parent is found unfit by clear and convincing
evidence and their rights have been terminated. Termination also requires clear and convincing
evidence.
Line 1050 – Cross-reference to new section of section 3109. 498. This will affect abuse and neglect cases
and never-married custody cases.
Line 1168 – Does not specify the evidentiary standard or the factors that should be used.
Line 1306 – As written, this would give the “host family” more rights than the child’s parents.
Line 1364 – Through this section, there are numerous changes made. The changes grant duties and
powers to courts that are inconsistent from county to county and courts within individual counties.
Line 1756 – Language changes here take away the ability of the juvenile court to hear and decide never-
married custody cases. This is an area where the juvenile court has exclusive jurisdiction.
Line 1839 – Throughout this section, there are major inconsistencies with the duties described for
similar courts in other counties.
Line 3236 – The language added here did nothing to change the law except add words. The intent and
meaning of section (H) does not change.
Line 3453 – The changing of “of” to “in” does not change anything with this section. Frivolous.
Line 3481 – Another frivolous change is made. The “changes” change nothing in the section or the law.
Line 3539 – Wording that is added that will affect “contempt” proceedings.
Line 3568 – Contempt changes that do nothing except add words.
Line 3585 – Contempt changes that do nothing except add words.
Line 3605 – 3774 – In these lines, the only reason that they were added is to replace “residential” with
“designated”.
Line 3774 – One change that does nothing but solely accommodate the use of the term “designated
parent”.
Line 3812 – One word was added that changes nothing with the intent of the section.
Line 3804 – Changed to add one word that does not change the intent of the section.
Line 3825 – The intent of this section was for pre-granting procedures. As written, instead of before, the
procedures are moved to afterward.
within their terminology.
Line 649 – When someone is appointed guardian by the probate court, it happens after the person has
reached the age of maturity, which is 18 in Ohio.
Line 766 – Permanent custody can only take place if a parent is found unfit by clear and convincing
evidence and their rights have been terminated. Termination also requires clear and convincing
evidence.
Line 1050 – Cross-reference to new section of section 3109. 498. This will affect abuse and neglect cases
and never-married custody cases.
Line 1168 – Does not specify the evidentiary standard or the factors that should be used.
Line 1306 – As written, this would give the “host family” more rights than the child’s parents.
Line 1364 – Through this section, there are numerous changes made. The changes grant duties and
powers to courts that are inconsistent from county to county and courts within individual counties.
Line 1756 – Language changes here take away the ability of the juvenile court to hear and decide never-
married custody cases. This is an area where the juvenile court has exclusive jurisdiction.
Line 1839 – Throughout this section, there are major inconsistencies with the duties described for
similar courts in other counties.
Line 3236 – The language added here did nothing to change the law except add words. The intent and
meaning of section (H) does not change.
Line 3453 – The changing of “of” to “in” does not change anything with this section. Frivolous.
Line 3481 – Another frivolous change is made. The “changes” change nothing in the section or the law.
Line 3539 – Wording that is added that will affect “contempt” proceedings.
Line 3568 – Contempt changes that do nothing except add words.
Line 3585 – Contempt changes that do nothing except add words.
Line 3605 – 3774 – In these lines, the only reason that they were added is to replace “residential” with
“designated”.
Line 3774 – One change that does nothing but solely accommodate the use of the term “designated
parent”.
Line 3812 – One word was added that changes nothing with the intent of the section.
Line 3804 – Changed to add one word that does not change the intent of the section.
Line 3825 – The intent of this section was for pre-granting procedures. As written, instead of before, the
procedures are moved to afterward.
Line 3832 – If there is a failure to prove cause for a divorce, the court has no reason to interfere with
custody or determining best interest; the case would be closed.
Line 3850 – This section originally detailed what the parents were to do when dissolving their marriage,
and those decisions, as far as custody of the minors, were made by them in their separation agreement.
As changed, the court will determine that based on the discretion of the court.
Line 3923 – The term “shared parenting“ is removed. Ohio has had “shared parenting” since 1981, and
part of this was creating a parenting plan. Also removed is “residential” parent, which is replaced with
“designated” parent. That change will increase litigation as parents battle, not for what is best for the
child, but for a “superior” title.
Line 3943 – The inclusion of the “or” that was added allows a non-parent to take control of the child.
Line 3966 – ORC 3109.03 Ohio’s presumption of equality, or it was. Now it reads like an additional factor
for determining custody instead of the policy statement for which it was originally intended.
Line 3979 – 4536 - This is where the bill starts the removal of “Shared Parenting” in Ohio. Ohio has had
shared parenting since 1981. The majority of 3109.04 is removed as it is currently in law. The changes
that are contained were not included in the 2000 Task Force report, as sponsors claim.
Line 4540 – Removes definition of active military member.
Line 4548 – Requires the courts to teach a child how to adjust to divorce.
Line 4552 – Redefines what companionship and visitation are. This also confuses kinship care, which is
where a party has temporary possession, when the parents have been accused of abuse or neglect.
Line 4556 – A co-parenting coach is an adult babysitter who would be allowed to force parents to follow
their thoughts on how to get along.
Line 4561 – Allows the courts to determine what they think a parent should have as counseling and/or
treatment for problems.
Line 4564 – Redefines what mediation is. Provides no clause that the mediator is neutral.
Line 4570 – Redefines what an evaluator is, but fails to define what qualifications and training the
evaluator shall have.
Line 4573 – Defines what a “Guardian Ad Litem” is, but fails to define what their qualifications are and if
their involvement is done on a gender neutral basis.
Line 4575 – The is no section in the ORC 5101.85
Line 4577 - Redefines what a legal custodian is.
Line 4580 – Defines what legal custody is, but confuses that definition with physical custody.
Line 4585 – Redefines what mediation is. Keep in mind, this was previously defined.
Line 4589 – Defines what a mediator is, but allows the courts, not the legislators define what skills and
training they are to have.
custody or determining best interest; the case would be closed.
Line 3850 – This section originally detailed what the parents were to do when dissolving their marriage,
and those decisions, as far as custody of the minors, were made by them in their separation agreement.
As changed, the court will determine that based on the discretion of the court.
Line 3923 – The term “shared parenting“ is removed. Ohio has had “shared parenting” since 1981, and
part of this was creating a parenting plan. Also removed is “residential” parent, which is replaced with
“designated” parent. That change will increase litigation as parents battle, not for what is best for the
child, but for a “superior” title.
Line 3943 – The inclusion of the “or” that was added allows a non-parent to take control of the child.
Line 3966 – ORC 3109.03 Ohio’s presumption of equality, or it was. Now it reads like an additional factor
for determining custody instead of the policy statement for which it was originally intended.
Line 3979 – 4536 - This is where the bill starts the removal of “Shared Parenting” in Ohio. Ohio has had
shared parenting since 1981. The majority of 3109.04 is removed as it is currently in law. The changes
that are contained were not included in the 2000 Task Force report, as sponsors claim.
Line 4540 – Removes definition of active military member.
Line 4548 – Requires the courts to teach a child how to adjust to divorce.
Line 4552 – Redefines what companionship and visitation are. This also confuses kinship care, which is
where a party has temporary possession, when the parents have been accused of abuse or neglect.
Line 4556 – A co-parenting coach is an adult babysitter who would be allowed to force parents to follow
their thoughts on how to get along.
Line 4561 – Allows the courts to determine what they think a parent should have as counseling and/or
treatment for problems.
Line 4564 – Redefines what mediation is. Provides no clause that the mediator is neutral.
Line 4570 – Redefines what an evaluator is, but fails to define what qualifications and training the
evaluator shall have.
Line 4573 – Defines what a “Guardian Ad Litem” is, but fails to define what their qualifications are and if
their involvement is done on a gender neutral basis.
Line 4575 – The is no section in the ORC 5101.85
Line 4577 - Redefines what a legal custodian is.
Line 4580 – Defines what legal custody is, but confuses that definition with physical custody.
Line 4585 – Redefines what mediation is. Keep in mind, this was previously defined.
Line 4589 – Defines what a mediator is, but allows the courts, not the legislators define what skills and
training they are to have.
Line 4595 – “Neutral evaluation” as described and as this process is
described would force parties to reveal their entire case to two
strangers. Those people could be biased, yet there are no instructions
that they act in a neutral and unbiased manner.
Line 4602 – Definitions of what a mother is.
Line 4610 – Definition of what a father is.
Line 4617 – “Parent Coordination” and a parenting coordinator is
nothing more than court ordered babysitter. This section does not
contain their limitations, and they are to remain neutral when appointed.
Line 4622 - “Parent Education”, while some form of “class” is currently required for those who are
ending the relationship, those classes do not address the unique dynamics of the parent-child
relationship that exists before and after the parents end their relationship. As written, it indicates that
they intend to indoctrinate all parents into one way of thinking.
Line 4631 – There is no mention of parents' rights in the United States Constitution or the Ohio
Constitution. Within the Ohio Constitution, the only direct references to family and children as the
definition of marriage as being between a man and a woman, and the second is the protected right to
an abortion. The second is certainly not in the best interest of any child. None of what is referenced
here is contained in the referred to Constitutions.
Line 4650 – “Parenting time” is repeatedly defined in different ways. As placed, this “definition”
removes all rights for military that are deployed to make arrangements for the care of their children if
they are deployed in the service of our Nation.
Line 4662 – Vaguely explains the numerous ways that a court is allowed to inject itself into the allocation
of parental rights.
Line 4666 – The use of a designated parent indicates a superior position over the other parent. That
single word will lead to increased litigation.
Line 4733 – As written, only the courts can determine time, and legal responsibilities are allocated
between the parents.
Line 4739 - There is no mention of parents' rights in the United States Constitution or the Ohio
Constitution. Within the Ohio Constitution, the only direct references to family and children as the
definition of marriage as being between a man and a woman, and the second is the protected right to
an abortion. The second is certainly not in the best interest of any child. None of what is referenced
here is contained in the referred to Constitutions.
Line 4744 – Description of a parenting plan, while it claims that it is the ensure a meaningful relationship
and maximize parenting time with each parent, it lacks a definition of what is in the best interest of the
child and how that is determined, and what evidentiary standard is to be used.
Line 4752 - Describes what is supposed to be included in a parenting plan.
described would force parties to reveal their entire case to two
strangers. Those people could be biased, yet there are no instructions
that they act in a neutral and unbiased manner.
Line 4602 – Definitions of what a mother is.
Line 4610 – Definition of what a father is.
Line 4617 – “Parent Coordination” and a parenting coordinator is
nothing more than court ordered babysitter. This section does not
contain their limitations, and they are to remain neutral when appointed.
Line 4622 - “Parent Education”, while some form of “class” is currently required for those who are
ending the relationship, those classes do not address the unique dynamics of the parent-child
relationship that exists before and after the parents end their relationship. As written, it indicates that
they intend to indoctrinate all parents into one way of thinking.
Line 4631 – There is no mention of parents' rights in the United States Constitution or the Ohio
Constitution. Within the Ohio Constitution, the only direct references to family and children as the
definition of marriage as being between a man and a woman, and the second is the protected right to
an abortion. The second is certainly not in the best interest of any child. None of what is referenced
here is contained in the referred to Constitutions.
Line 4650 – “Parenting time” is repeatedly defined in different ways. As placed, this “definition”
removes all rights for military that are deployed to make arrangements for the care of their children if
they are deployed in the service of our Nation.
Line 4662 – Vaguely explains the numerous ways that a court is allowed to inject itself into the allocation
of parental rights.
Line 4666 – The use of a designated parent indicates a superior position over the other parent. That
single word will lead to increased litigation.
Line 4733 – As written, only the courts can determine time, and legal responsibilities are allocated
between the parents.
Line 4739 - There is no mention of parents' rights in the United States Constitution or the Ohio
Constitution. Within the Ohio Constitution, the only direct references to family and children as the
definition of marriage as being between a man and a woman, and the second is the protected right to
an abortion. The second is certainly not in the best interest of any child. None of what is referenced
here is contained in the referred to Constitutions.
Line 4744 – Description of a parenting plan, while it claims that it is the ensure a meaningful relationship
and maximize parenting time with each parent, it lacks a definition of what is in the best interest of the
child and how that is determined, and what evidentiary standard is to be used.
Line 4752 - Describes what is supposed to be included in a parenting plan.