Parenting Agreements

JustinWilliams61-Unit 6- Memorandum

Justin Lee Williams

Kaplan University

PA415

Memorandum

Attn: Ima Shyster, Sr. Attorney

From: Justin Williams, Paralegal

Re: Ohio State Statutes on Parenting Agreements

Date: 03/06/2014

In response to your request for information on Ohio’s parenting agreement requirements, it has been found that there is a specific sub-statute requiring such an agreement. There are several state statutes that govern over the parental rights, custody, visitation, and responsibilities, as well. There are three specific statutes that will be addressed;

* Ohio Rev. Code Ann. § 3109.04 (2011), allocation of parental rights;

* Ohio Rev. Code Ann. § 3109.051 (2014), visitation rights;

And

* Ohio Rev. Code Ann. §3109.52 (2001), mediation of differences regarding rights.

When addressing the parenting portion of the divorce decree, the state requires all issues to be resolved in the “best interest” of the child. The “best interest” doctrine is generally considered to be the environment that will offer the child the healthiest and most supportive upbringing (Lyster, M. 2007.) In, Ohio Rev. Code Ann. § 3109.04(D)(1), the statute specifies that when a motion for custody is submitted, a parenting plan must accompany it. The statute further stipulates that the court has the authority to strike down the plan either in part, or whole, and order the parties to correct any issues. The plan is required to consider guardianship, healthcare, education, residence, support, and childcare. It is also required that shared parenting be the preferred custody, as it allows for the greatest continued contact with both parents, the exception is if it is not in the child’s “best interest.”

The positives with this statute are actually very similar to the negatives, there is just a thin grey line between the two for several issues. First, by not specifying the requirements for best interest, the parenting plan is able to have flexibility, but with this...