Changes to bill presuming 50-50 custody in divorce are no compromise, opponents say

COLUMBUS, Ohio (WCMH) – Changes to a proposed bill requiring courts to give preference to equal parenting time aren’t they’ve been touted as, members of the legal system and domestic violence prevention advocates say.

House Bill 14 would require parents who don’t wish to enter into shared parenting agreements to prove to the courts that a 50-50 custody or responsibility plan would be detrimental to the child. On Nov. 28, the House Families and Aging committee accepted a substitute bill that addresses some opponent concerns, including by reducing the evidentiary standard required to prove detriment, relaxing some prescriptions for judges, and changing the presumption from “equal” parenting time to “substantially equal” parenting time.

But opponents of the legislation, including the Ohio Domestic Violence Network and the Ohio Judicial Conference, say the substitute bill does not significantly change the impact of the bill at all. In fact, there is no change to HB 14 that would garner ODVN’s support – or the support of most other opponents – said Maria York, ODVN’s policy director.

“We’re not going to move from our stance, the bulk of the bill is what we’re opposed to,” York said. “There’s really nothing that they can change that we would agree to.”

Under HB 14, judges would have to encourage divorced parents to submit a 50-50 custody plan to the court, including arrangements for child support and school attendance. If the parents disagree, they must prove to the court – using a stricter burden of proof than currently exists – why equal parenting would harm the child.

Introduced in March by Republican Reps. Rodney Creech (West Alexandria) and Marilyn John (Richland County), HB14 mirrors legislation introduced last year and represents what Creech said is “much-needed reform” to standardize judges’ approaches to custody disputes.

“Ohioans don’t trust the courts, and it’s our duty in the legislature to hold the courts accountable,” Creech said during a March committee hearing. “It’s our job to create laws that protect families and ensure the best interest of children is truly served.”

Its supporters include the National Parents Organization, which promotes shared parenting, and parents who testified how split custody arrangements have negatively impacted their relationships with their children and caused undue turmoil for young kids.

But a coalition of organizations, including ODVN, the Ohio Judicial Conference, the Ohio State Bar Association, the Ohio Victims Witness Association and the Ohio Alliance to End Sexual Violence, has opposed the legislation from the beginning. Their concerns range from increased strain on the court system to a heavier burden on victims of domestic violence to prove abuse or neglect.

The changes include requiring judges to ask the parents if they support shared parenting arrangements and allowing judges to consider any factors they deem fit when evaluating the appropriateness of a shared parenting plan. Having guardrails or broad frameworks for judges is something Paul Pfeifer, executive director of the Ohio Judicial Conference, said could be a good thing.

But custody disputes and divorce proceedings are not one-size-fits-all, Pfeifer, a former Ohio Supreme Court Justice and state lawmaker, said in an interview. There are countless factors judges need to consider, from transportation to residency to whether the parents were ever married to begin with, and he said judges need to retain flexibility in determining what is best for each child.

“If you had a family, your family was coming apart, would you want the judge to be able to listen to both parties, their situation, their employment, the ages of their children, and help them craft a resolution that fits them, or would you want the General Assembly to tell them how it’s going to work?” Pfeifer said.

Pfeifer said he is concerned that HB14 would open the floodgates for dissatisfied parents to rehash custody agreements under the new judicial preference for shared parenting. That would not only overburden the court system, he said, but force families – including children – into lengthy, contentious court proceedings. 

To ODVN the Judicial Conference and other opponents, the bill incorrectly frames custody issues in terms of parental rights, when the framework should instead be on child welfare – and safety.

Most divorce proceedings do not result in a trial. According to data from the Court Statistics Project, 10% of Ohio’s nearly 36,600 finalized divorce cases in 2022 went to trial before a judge; none went before a jury.

Custody disputes have a much higher rate of going to trial; nearly a third of about 118,000 custody cases went before a judge in 2022. Still, ODVN’s analysis of divorce proceedings in Ohio found that about 84% of divorce cases with children were resolved without mediation, custody evaluations or litigation.

But research suggests that of those cases that do end up in court, a significant proportion involve violence – whether it be intimate partner violence or child abuse. ODVN estimates the number to be between 60% and 75%.

“The cases that become contested, the bulk of them have violence in the background, which is why we think it’s so important that statutory schemes prioritize safety, so the judges have the ability to center their decision-making around safety,” said Lisa DeGeeter, director of systems advocacy and policy counsel at ODVN.

That’s why judges should approach parenting disputes in terms of safety, not parental rights, DeGeeter said. She said it’s especially vital in light of the fact that found a record-high number of domestic-violence related child deaths occurred in 2022.

Many of those deaths happened while parents were battling for custody, she said, or when kids got caught in the crossfire of violence committed by one parent against another.

The courtroom itself can become an avenue for abuse, York said, emphasizing that the process of leaving an abuser – including legal separation – is the most dangerous, and lethal, time for domestic violence victims. In 2022, nearly a quarter of the state's domestic violence-related deaths occurred when the relationship was ending, according to data from ODVN.

Pfeifer, York and DeGeeter said the same coalition against HB14 has drafted legislation to reform family law to further promote the best interest of children. Pfeifer said it’s been a work in progress among those in the legal system for many years – and he hopes a lawmaker introduces it soon.

In fact, he said, the Ohio Judicial Conference would readily support HB14 if Creech and John adopted the coalition’s proposal in replacement of the current language. But he acknowledged that isn’t likely – and so neither is his support.

“I don’t think it’s possible to combine what we think is the right approach with what’s in 14 right now,” Pfeifer said. “That’s almost an insurmountable task.”

If you or someone you know is experiencing domestic violence, there are resources available.

• National Domestic Violence 24/7 Hotline: 800-799-7233 or live chat
• The Ohio Domestic Violence Network has a statewide map of programs and shelters. If you cannot find a program that meets your needs, call ODVN at 800-934-9840 or 614-781-9651.
• In Franklin County:
  • LSS CHOICES operates the only domestic violence shelter in the county.
  • LSS CHOICES' 24-hour crisis line: 614-224-4663
  • Up to half of domestic violence victims delay leaving their abuser out of concern for their pets' safety. LSS CHOICES has an in-house kennel to board pets, and the Columbus Humane Society can house and care for pets at no cost through its Safe Haven program. Call 614-980-2032 for the Safe Haven program.