Senate Bill 174 Ohio Custody Reform: What the Kids Come First Act Changes

What SB 174 Does to Ohio's Current Custody Framework

Senate Bill 174, introduced in the 136th General Assembly and backed by a coalition of over 90 organizations — including the Ohio Domestic Violence Network and the Ohio State Bar Association — represents the most significant proposed overhaul of Ohio custody law in decades.

The bill rewrites the vocabulary, the decision-making framework, and the best-interest factors that Ohio courts have used since R.C. 3109.04 was last substantially amended. If enacted, it would fundamentally change how Ohio families navigate custody from filing through final decree.

Parents currently going through the custody process should understand what these changes mean, because SB 174's framework may apply to their case if the bill passes while the case is pending.

Elimination of Custody Labels

The most visible change: SB 174 eliminates the terms "shared parenting," "sole custody," "residential parent," and "custodial parent" from Ohio's statutory language entirely. These labels have driven litigation for years — parents fight over the title itself because it carries psychological weight and perceived legal advantage.

Under SB 174, courts would allocate "parenting responsibilities" instead of awarding "custody." Each parent receives a "parenting plan" that specifies their allocated time and decision-making authority. The concept of a "residential parent and legal custodian" — the person who holds all major decision-making power under a sole custody arrangement — would no longer exist as a formal designation.

The practical effect: rather than a binary choice between shared parenting (Form 20) and sole custody (Form 21), courts would craft individualized allocations. One parent might have primary physical time and sole authority over medical decisions, while both parents share authority over education. The system becomes modular instead of all-or-nothing.

Designated Parent for Administrative Functions

SB 174 replaces the "residential parent for school purposes" designation with a broader "designated parent" concept. Instead of a single label that controls school enrollment, the court would assign specific administrative responsibilities to one parent — school district determination, tax dependency claims, and health insurance enrollment.

This matters because under current law, the "residential parent for school purposes" designation often becomes a proxy fight for overall custody status. Parents who equate "school district parent" with "primary custodian" litigate over it aggressively. SB 174's approach separates these functions, making each one an independent allocation rather than a package deal.

Expanded Best-Interest Factors

Current Ohio law lists 10 statutory factors under R.C. 3109.04(F)(1) that courts must consider when making custody decisions. SB 174 expands this to approximately 25 or 26 distinct criteria.

The new factors explicitly address issues that current law handles indirectly or not at all:

Domestic violence history. While current law already considers DV, SB 174 requires courts to examine not just convictions but patterns of coercive control, threats, and intimidation — broadening the inquiry beyond criminal records.

Coercive litigation tactics. SB 174 directs courts to consider whether either parent has used the legal process itself as a weapon — filing frivolous motions, pursuing unnecessary discovery, or using the cost of litigation to pressure the other party into concessions. This addresses a well-documented problem where a wealthier parent exhausts the other parent's resources through procedural warfare.

Safety of the protective parent and child. The expanded factors explicitly require courts to evaluate whether a proposed arrangement protects both the child and the parent who is a victim of domestic violence. This reverses a dynamic where courts sometimes penalized DV victims for seeking distance from the abusive parent, interpreting their protective instincts as interference with the other parent's relationship.

Compliance with temporary parenting plans. Courts would be required to examine whether either parent unjustifiably failed to comply with temporary orders — creating a direct consequence for parents who disregard the temporary arrangement during litigation.

Equal Parenting Time Provisions

When both parents submit a joint parenting plan that includes substantially equal parenting time, SB 174 restricts the court's ability to deny that request. The court can only reject an equal-time proposal if it finds either that equal time is not in the child's best interest or that it would endanger a party — and in either case, the judge must provide written findings of fact explaining the denial.

This provision shifts the burden. Under current law, parents seeking equal time must affirmatively convince the court it's appropriate. Under SB 174, equal time becomes a presumptive starting point when both parents request it, and the court must justify any departure in writing.

What This Means for Pending and Future Cases

SB 174 has not yet been enacted. If you're currently navigating a custody case in Ohio, the existing framework under R.C. 3109.04 — shared parenting vs. sole custody, the current 10-factor best-interest test, and the existing temporary-order process — still applies.

If SB 174 passes while your case is pending, the applicability of the new provisions would depend on its effective date and transitional rules. Major family law reforms typically include implementation timelines that give courts and practitioners time to adapt.

Regardless of when SB 174 takes effect, the core principle hasn't changed: Ohio courts make custody decisions based on the child's best interest. The factors evolve, the labels change, but the standard remains. Preparing your case around specific evidence of your child's needs, your parenting involvement, and your ability to cooperate is sound strategy under either framework.

The Ohio Child Custody & Parenting Plan Guide covers both the current statutory framework and the SB 174 changes, so your filing strategy stays current regardless of which rules apply to your case.

See more Ohio guides →