The custody bill that was introduced last spring by Rep. Ron Young has died in committee. This is not the end of our efforts to pass new legislation for the State of Ohio and announcements as to our next push can be expected soon.

We will be seeking opinions as to further changes from the bill as it was introduced, so please feel free to email us with your suggestions.

 

The following are some key changes that were introduced with HB232:

 

Some key changes that have been made are in section 3190.04 (F) (1) where a definition of best interest (as best we could) is given. In most places in the old law, where the term 'in the best interests of the child' is used you will see it now followed by 'and provides for substantial equality with regard to rights and responsibilities for the care of and access to the children'. This should again limit the ability of a judge to impart their own discretion and personal views of best interests on parents.

 

We will now also require that 'clear and convincing evidence be' presented as to why a parent should not have substantially equal parental rights and they will have to give their reasons in writing. If parent removes those reasons then they may file for the restrictions to be removed and that they are moved to a more equal parenting plan.

 

A new section has been added (3109.043) which is modeled after the Missouri Family Access Motions law which gives a parent that has had their custody orders violated and easier method of seeking corrections through the courts.

 

There is a lot to read here and digest but you also have to understand the constraints that we worked under in making these changes. Part of the idea was to make the changes in a way as to sneak them in under the radar. We were advised that to make major changes would raise flags that would cause concerns and draw attention that said this was a big deal. Folks, it is a big deal but done in a subtle way. Had we made all the changes that we wanted to Ohio law we would have stalled this for years in committee. Do you want to wait years to get equal parenting in Ohio?

 

Once we get this done and passed PACE will have an easier time bringing new issues to the legislature to help parents.

 

We need all of you to call your reps and have them get with Rep. Young and join him as a sponsor of this bill and help all of us advance the idea of equal parenting. Ron would like to have thirty co-sponsors on this bill when it is introduced so we need to get to work here and start working the letters and phones. I know of a couple representatives that have already given commitments to this idea.

 

This is a start and not an end. Mike Galluzzo's federal challenge with have a major impact on whether this ever is introduced into law. We have no idea what Magistrate Merz will rule in Mike's case and how he will approach changing Ohio's custody law. Call this the back up and another effort to better parental rights in Ohio.