A Proposed Shift in How Ohio Talks About Custody
Ohio lawmakers are considering one of the most significant family law reforms the state has seen in more than twenty years. Senate Bill 174 would remove the terms “custody” and “visitation” from Ohio’s Revised Code entirely, replacing them with a single, unified “parenting plan” that spells out exactly how separated or divorcing parents share time and decision-making responsibility for their children. The bill passed the Ohio Senate by a lopsided 29-2 vote and has been working through House Judiciary Committee hearings, with supporters arguing it modernizes a legal framework that hasn’t kept pace with how Ohio families actually function today.
What the Bill Would Actually Change
Rather than a court designating one parent as the “residential parent” with the other receiving scheduled “visitation,” SB 174 would require every case to produce a detailed parenting plan covering the practical realities of raising a child across two households.
- Eliminates the terms “custody” and “visitation” in favor of “parenting time” and “decision-making authority”
- Requires a written parenting plan addressing schedules, holidays, school breaks, and major decisions like healthcare and education
- Encourages courts to consider shared parenting arrangements as a starting point rather than an exception
- Aims to reduce the adversarial framing that often accompanies traditional custody battles
Why Lawmakers Say the Change Matters
Supporters, including bill sponsors Sen. Theresa Gavarone and Sen. Paula Hicks-Hudson, argue that the words “custody” and “visitation” themselves can escalate conflict between parents by framing one parent as a winner and the other as merely a visitor in their own child’s life. A parenting plan model, they contend, better reflects modern co-parenting arrangements and puts the focus on the logistics that matter most: who has the kids on a given day, who makes medical decisions, and how disagreements get resolved. Ohio would join a growing number of states that have already moved away from the traditional custody and visitation framework in recent years.
Where the Bill Stands Right Now
As of this writing, SB 174 has cleared the Senate and continues to work through House Judiciary Committee hearings. If it passes the House and receives the Governor’s signature, the new framework would likely take effect roughly 90 days later, which could place implementation sometime in late 2026 or early 2027 depending on how quickly the legislative process moves. Nothing has changed yet for families currently in the court system, but the direction is clear enough that Ohio parents beginning a divorce or custody case now should understand what may be coming.
What This Could Mean for Your Case
If you’re currently negotiating a separation agreement, divorce decree, or shared parenting plan, the underlying goals of SB 174, clarity, detail, and reduced conflict, are worth building into your agreement regardless of whether the bill becomes law. A well-drafted parenting plan that spells out schedules and decision-making authority tends to hold up better over time and generate fewer disputes than a bare-bones custody order, no matter what terminology the law eventually settles on.
What Parents Should Do Now
Families with active or upcoming custody matters shouldn’t wait on the legislature to get their arrangements right. Working with an experienced family law attorney to build a specific, detailed parenting plan now protects your rights and your relationship with your children under either the current law or whatever framework Ohio ultimately adopts. Our family law team is closely tracking SB 174’s progress and can help you understand how it might affect your situation as it moves through the legislature
