October 9, 2019

On Wednesday I had a follow-up conversation with a state rep that came for a previous conversation a father had with him. To be honest the rep is far from knowledgeable in Ohio law even though he admitted that he has practiced in the area and acted as a GAL. I will not identify the rep. This also shows the nature of how quickly you have to respond to questions and concerns in these conversations. In responding there was no pause when I responded with what we would all call common sense to misconceptions that float around this type of legislation all the time.  All responses had the intent of making him think.

The following are some of the comments and the responses that were made without hesitation.

Rep - You will have a problem with pushing equal custody for children under two.  There will be some that will claim that it is bad for children that young.

Me - The Tender Years Doctrine died in the 70s and its continued use by the courts has been a major problem.
Let me ask you a question, do you have children?

Rep - Yes, three.

Me - Were you told that you could only see them for a limited time when they were under two?

Rep - Silence

Rep – You have a hard time getting “clear and convincing evidence as the standard of review. It is a double-edged sword.

Me – Are you familiar with Santosky v Kramer?  It made it clear that clear and convincing is the proper evidentiary standard when dealing with parental rights.

Rep – But that was a children’s services case.

Me – Any time the court makes a decision that affects the rights of a parent they are taking rights away from one and adding to another.

BTW, it has never been raised by anyone as a concern in the past introductions of this type of legislation.

Rep - Silence

Rep - What other states have this law?

Me – None and Ohio is the only state that has ever introduced a bill to fully correct the flaws in the law.  The last time this bill was introduced it was blocked by a so-call fathers’ rights group from out of state.  Ohio should be leading not following someone else’s lead in this especially since the current law dates back to 1984.

Rep - I think we need to approach this with small steps and start with a presumption of equal custody.

Me - Ohio already has a presumption of equal custody, ORC 3109.03 and it also appears in the "Baby Mama Rule".

There was a lot more in a nearly hour-long conversation and I still have a headache from this one.

The father that set this up called afterward and the first thing from his mouth was "It can't be this hard to get this law changed". Yes, it is and this is why you have to be prepared for all statements and questions and come back immediately with a response that not only makes them think but shoots holes in their statements.

We are setting up another meeting after the elections to massage him again. In the meantime, I am continuing to work with other reps on this bill.