Children who become entangled in a custody trial could have joint custody with both parents because of new legislation introduced into the Ohio House of Representatives.
The legislation, sponsored by Rep. Ron Young, R-Painesville, would require judges who deal with divorce and domestic dispute trials to be more concerned with the wellbeing of a child and actively involve parents in the upbringing of their children, Young said.
The bill does not force judges to change what their orders entail, but tries to make judges adopt a different mindset, which favors joint custody, when deciding these cases.
About 90 percent of Ohio custody trials end with one parent receiving full custody of the child. This deprives the child of having two full-time parents, Young said, and that is something crucial to a child's nurturing. He maintains that unless one parent is unfit, judges should lean toward a two-parent upbringing.
Judicial bias is a problem in child custody trials because many judges have different perspectives that they judge from
which would change the outcome of the trial Young said. For example some feel that working mothers could not actively support and provide proper care for a child
or that a child under the age of 12 should live with their mother
not the father.
Ohio courts have conflicts between what is called shared parenting and what shared parenting really is, said Don Hubin, the director of the Columbus chapter of Parents And Children for Equality.
The bill spurred from a custody case in Lake County that was brought to the attention of Young when Ohio courts were reluctant to grant shared custody to both parents, Hubin said.
Ohio courts are very reluctant to grant equal or nearly equal custody to parents
despite the fact that there is extensive social science research showing the improvements within a child when a divorce ends in shared custody
Hubin said.
Opposition to the legislation comes from the Ohio Judicial Conference because of the increase in litigation the bill would create.
We try to keep a neutral standpoint and provide information and testimonies to the General Assembly
but with this particular bill we come pretty close to being opponents
said Donna Childers, Ohio Judicial Conference legislative coordinator. Judges believe that this would increase both case and workloads and dramatically shift standards away from the wellbeing of the child. Judicial discretion would be dramatically limited when it comes to making a decision.
Athens County Court of Common Pleas Judge Michael Ward said he is not familiar with the bill and not privy to information.
While looking at the judicial statement
it seems to be well written and covers everything. The judges on the conference have discussed it extensively
Ward said.
Rep. Jimmy Stewart, R-Athens, said he was not familiar with the bill either. In addition, he said there are hundreds of bills presented to the General Assembly every year.
The legislation was introduced in June and is still in the House juvenile and family law committee. So far, sponsor testimonies have been given, and there has been an open hearing, said Devin Scribner, legislative aid to Young.
