Call to Action: OHIO
by Advocate Nancy Fingerhood
State Reps. Rodney Creech and Thomas West have touted a bipartisan bill they plan to introduce in Ohio that revises child custody laws to support equal shared parenting. The bipartisan bill establishes a presumption that equal shared parenting is in the best interest of a child with separated parents. The bill applies to cases of legal separation, divorce, dissolution, or annulment of parents’ marriages.
Rather than looking at families on a case by case basis, this law makes a sweeping assumption that 50/50 is in the best interest of children. Presuming something to be true (that both parents are safe) is not something the court should do. It is presuming something is true when it may not be.
This bill is dangerous for victims of domestic abuse and child abuse. According to The Battered Women’s Justice Project, “joint physical custody arrangements in families experiencing domestic violence have negative outcomes for children because the arrangements prolong children’s exposure to violence. Batterers generally continue their abuse and violence and, if they lack access to the primary victim, children often become the main conduit for violence. Additionally, a legal presumption of ‘equal shared parenting’ gives unfair advantages to the batterer-parent in custody negotiations”
Currently, Ohio law already allows parents to share parenting rights, responsibilities and time with their children and therefore this bill is redundant. Most of those pushing for these types of presumption laws are father's rights advocates. We need to focus on children's rights.
One might think an abuser being awarded custody is an exception in family court; however it is not. Parental rights seem to trump what is in the best interest of the child and is evident in many cases where parents raise allegations of abuse. A study funded by the National Institute of Justice “found that only 35% of mothers who alleged domestic abuse got primary custody, compared to 42% of mothers who did not. Fathers who were accused of domestic violence were given primary custody in 10% of cases, fathers not accused of domestic violence got primary custody 9% of the time.”
If we are going to focus our energy in any way in the family court system, let it be that judges are ensuring both parents with designated parenting time are truly “fit, willing, and able” in the best interest of the children.
Here is what we want you to do - Call and email Rep. Creech and Rep. West along with your district rep and senators and tell them you do NOT support this bill and tell them you VOTE.
Rodney Creech: Email - rep43@ohiohouse.gov
Thomas West: Email - Rep49@ohiohouse.gov
