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Shared Parenting: Frequently Asked Questions

What is shared parenting?

Shared Parenting is a concept that involves custody arrangements that require the parties to agree to a shared parenting plan, which would provide for the sharing of responsibility regarding the raising of the parties' children. The central theme is that parents of children should come together in the best interest of their children and develop a joint parenting plan involving the various aspects of their children's lives. ...
Shared parenting is a term used to describe an arrangement where an alternate family is recruited and trained to provide a home part-time to help a birth family in caring for their child with disabilities. The amount of time and conditions under which care is shared between two families can vary with families' circumstances and preferences. The birth family and the alternate family negotiate an agreement outlining the arrangements and describing their mutual decisions about how to share care.
Shared parenting (formerly called joint custody) provides that the parents share parental rights and responsibilities regarding the children. Specifically, the parents mutually decide issues regarding the children's education, religious upbringing, medical needs, activities and other issues. A shared parenting plan will provide each parent's exact rights and responsibilities. Shared parenting does not mean parents have to exercise equal parenting time with the children. ...
Shared parenting is the newest concept in post-divorce parenting. When shared parenting is adopted, the participants enter into a written agreement that defines a parenting relationship based on equal participation of both parents in the ongoing upbringing of their children. Parents agree to work together to implement a plan that is in the best interests of their children and agree to attempt to amicably resolve disputes that arise.
Shared Parenting is the preferred method of allocation of parental rights (custody). A shared parenting plan wherein all issues of raising the children are set forth in a detailed plan. The key to shared parenting is the ability of the parents to communicate for the best interests of their children and to encourage the children to have a loving and caring relationship with the other parent.

What is a Shared Parenting Agreement?

This document will set out each partner's rights and responsibilities towards any children you may have, even though both parents may not be "legal" parenst of the child.

Is shared parenting automatic in Ohio?

Ohio has both shared parenting and sole custody. There is no legal presumption in favor of shared parenting, although many judges prefer it. All parenting arrangements must be in the best interests of the children. Shared parenting works best when the parents can communicate with one another and can make decisions jointly with regard to their children. ...

What is "shared parenting," and how does it work?

In Tennessee, "shared parenting" can mean more than one thing. Often, "shared parenting" means children will spend roughly equal time with both parents. Under prior law in Tennessee, the term "joint custody" had more than one meaning. In a true joint custody situation, parents shared the final decision-making authority. If one parent had been labeled the "primary custodial parent," that parent had final decision-making authority, and in most situations, the child would have resided with that parent. ...

What does shared parenting mean?

Shared parenting is basically how you have performed your duties as parents since your child’s or children’s births, except that after the termination of your marriage, you will be performing your parental duties and obligations in a “partnership” manner rather than “husband and wife” manner. ...

Can visitation or a shared parenting plan be modified?

The parties can agree to a modification. If the parties do not agree to a modification one party can file a motion with the court to modify the agreement or court order. The party that files a motion must prove it is in the best interest of the children to have the shared parenting plan modified. The court must consider the factors provided in Ohio law to determine what is in the best interest of the child.

Does shared parenting mean that each of us will have the children fifty percent of the time?

Not necessarily. Shared parenting in Ohio does not mean shared physical custody. A shared parenting must be submitted to the court, which provides for the time allocation, how medical and educational decisions will be made, provide for how the children will be supported and provide for holidays and extended time. Some shared parenting arrangements are equal time; however, this is not always in the best interests of the children and many plans provide for more traditional arrangements.

What is the difference between sole custody, joint custody and shared parenting?

Sole custody is a situation where one parent is given the sole custody of a child. The non-custodial parent still has limited rights to information about health and education of the child. In a joint custody situation both parents retain custody of the child with equal rights in relation to the child. In both cases the parents must arrange for the physical residence of the child and access to the other parent. Shared parenting is a new concept that is not yet law but is being recommended by a joint committee of the Senate. ...

What rights does a parent have under shared parenting?

A parent’s rights under shared parenting are set out in a shared parenting plan that is approved by a court.

If we have shared parenting, will I receive less support or no support?

Many people believe that they will automatically pay or receive less support in a shared parenting situation. This is not accurate. If the shared parenting plan provides for a typical "standard" parenting time schedule, the amount of support would be no different than in a non shared parenting situation. Even if the parents equally split time, if one of the parents earns significantly more than the other, he or she will still pay child support.

Is the Concerned Citizens for Children’s Rights Committee opposed to “shared parenting” arrangements in all circumstances?

No. Shared parenting may be a very good option for divorcing parents in low conflict situations. However, its adoption as a presumption, with or without a domestic violence exception, will have devastating consequences for victims of domestic violence and their children. By contrast, current custody law allows for orders of joint custody/shared parenting in appropriate situations and provides appropriate safe guards for victims and their children.

Will the mother/father/legal custodian sign a waiver of summons for custody, visitation or shared parenting?

If the answer is no, then you must contact the law library for the proper paperwork to file on your own, or, we suggest you contact an attorney.

Q What about the new "shared parenting" changes to the Divorce Act ?

A In November, 1998 a joint committee of Parliament released a lengthy report entitled "For the Sake of the Children" recommending changes to the custody provisions of the Divorce Act. These recommendations if carried out would substantially alter the manner in which custody and access decisions are made across Canada. ...

If we have shared parenting, why do I have to pay child support?

The purpose of child support in shared parenting cases is two-fold. First, child support is for the child and is to reduce the impact on the child of any great disparity in income between the parents. Children who have lived according to one standard of living should not, because of a divorce or dissolution, have to live in one "rich" house and one "poor" house. ...

Isn’t the term “shared parenting” just another way to say that both of the child’s parents have the right and obligation to participate in raising the child?

No. “Shared parenting” is another term for joint legal and physical custody. This is a particular type of custody arrangement in which typically children spend half of each week with each of the parents and in which the parents make shared decisions about all matters pertaining to the child’s welfare.
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