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Shared Parenting, Equal Parenting and 50/50 Gaining Momentum World Wide

by Admin on February 19, 2011

Shared Parenting in Ohio Does a child have a right to shared parenting? The organization CRISP (Children’s Rights Initiative for Shared Parenting) thinks so. They have put together an impressive collection of information and resources in support of the idea that a child deserves to have both parents equally in involved in their lives.  The site discusses a lot of controversial but important topics such as parental alienation, false claims of abuse, male victims of domestic violence and much more.

Why does it matter what people in other countries think about shared parenting?  Because family law, like most other areas of law, develops over time as society’s expectations regarding the family change.  In this writer’s experience, Ohio is not always on the leading edge of change in family law matters, but in a way, this is can be an advantage.

Looking back, a lot of trends that started in other states eventually made their way to Ohio.  For example, many other states had joint custody before Ohio adopted a statute enacting shared parenting.  Looking at changes and trends around the world can give you an idea regarding how changes and trends in family law might develop in Ohio.  If legislation has been drafted to make changes, and the legislation has the support of legislators and their constituents, change is on the way.  So what do you think Ohio?  Should legislation be enacted that REQUIRES a court to start from the supposition that shared parenting and equal parenting time is in the best interest of the child, and require parents who disagree to produce evidence to rebut this presumption?  If this becomes a rebuttable presumption, what should be the standard of proof be?

  • Preponderance of the Evidence? (easier)
  • Clear and Convincing Evidence? (much harder)

What about the guardian ad litem?  If the guardian ad litem doesn’t believe that shared parenting and equal parenting time are in the best interest of the child, should the guardian ad litem be required to submit admissible evidence in support of that recommendation which meets the required standard of evidence?  If the guardian ad litem does not do so, should his or her recommendation be disregarded by the court?  What do you think?

DISCLAIMER – Read it, it’s stuff you need to know!


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