Unmarried Families of Ohio Act proposal – General Summary

An equal parenting bill proposal has been in the hands of the 129th General Assembly of Ohio, in regards to the rights and responsibilities of unmarried parents. It is now time to begin the process of drafting the floor version of its contents and push for its passage into law.

Since February 17, 2010, Summit Dads, of Barberton, Ohio, has been in contact with state Senators and Representatives to gain support for substantial changes to the Ohio Revised Code. Expressly, clear and convincing modifications, and in some cases, repeal of current laws that touch nearly every facet of parentage cases, including the establishment of a child and parent relationship, child support, child protective services practices and parenting time allocation, are incorporated into its contents, just to name a few. Endorsements for these processes and ideals are essential to realize the act's survival, which is why this overview has become available.

To bring absolute clarity to issues addressed in the bill, here are the major points that the twenty three-page proposal, along with its supporting documents, would enact:

• Establishment of Paternity and Shared Parenting at the Hospital

1. Ohio's Acknowledgment of paternity affidavit is revised. Unmarried fathers have shared parenting with the mother upon signing this document and the new Ohio Standard Shared Parenting for Unmarried Parents form, or a privately constructed plan that both parents approve, must accompany the affidavit to become final and ultimately enforceable.

2. Genetic (DNA) Testing may be done within 48 hours of the child's birth, upon the request of either parent. Such testing is billable to an insurance company as a birthing expense, if medical coverage is available to the parents. Once testing proves paternity, the mother and father automatically have shared parenting as in example one. This arrangement need not be adopted by a court of law before use; but it will be approved by the court, by design.

3. Once either parent requests genetic testing, the child is under an "administrative hold" and will not be released from the hospital until the results of the testing are completed and issued to the parent(s).

4. If either parent refuses genetic testing, they shall be found guilty of the interference of paternity, a misdemeanor of the first degree, unless the parent shows good cause for such refusal.

5. If paternity cannot be established, the mother shall become the sole residential parent by default.

• Change in Child Support Determinations

1. The Ohio Standard Shared Parenting for Unmarried Parents form sets child support matters over to the local county court and neither party shall pay support to the other, until ordered by a court of competent jurisdiction.

2. The Child Support Enforcement Agency (CSEA) will no longer issue administrative orders for support. All such orders are to be issued by a magistrate or judge of a court to give every parent a fair opportunity for a deviation to their child support obligations. All other duties of (CSEA) would remain in tact.

3. The Child Support Enforcement Agency will additionally file the Ohio Standard Shared Parenting for Unmarried Parents form, or a privately constructed plan that both parents approve, with the local county court, which the clerk will not charge (CSEA) a filing fee and assign a case number between the parents. Upon receipt of the parenting form, or privately constructed plan, the court shall adopt the document as terms of shared parenting between the parents without a scheduled hearing. This plan presumes that the parents know best.

4. Both the mother and father assume equal responsibility of child support duties.

• Major Adjustments to Parenting Time

1. The parents will each have substantial time with the child. All counties will adhere to a new state standard schedule, as a minimum and standard order allowable, except where clear and convincing evidence shows that it would not be in the child's best interest. This standard order includes overnight time for each parent from birth, as a new and presumptive rule.

2. The state standard or minimum time will be applied without ratification or approval of a court, just as married parents are treated.

• Custody and reunification – County, local government and agencies for children

1. No legislation may be introduced or enforceable that designates or favors one parent over another, in regards to assigning a caregiver or parenting time periods available by default, because of a parent's marital status, gender or financial condition.

2. Sensible exceptions apply, which include domestic violence and rape cases, as well as allowances to determine the residential parent for school purposes only.

Note to Supporters

As you can see, with some of the changes proposed in this document, children of unmarried parents would finally be treated fairly, as their fathers could then become more substantially involved in their lives from birth. They should never, however, be put in danger; therefore, provisions are included for surety purposes. A delicate balance between change and rationality is achieved in this package; but it can only help unmarried families as part of Ohio practiced law.

If you would like to see these corrections to current methods of law, remember that your help is needed. Contact the Senators and Representatives of the House by any means possible. Let them know that you favor equality amongst parents and the children that depend on them.

For further information about the bill, visit or call Summit Dads using the information below.

Summit Dads

253 8th Street NW

Barberton, Ohio 44203

(330) 431-5021

http://www.summitdads.info