Ohio Designation of Sole Residential Parent and Legal Custodian

OHIO STIPULATED ENTRY — DESIGNATION OF SOLE RESIDENTIAL PARENT AND LEGAL CUSTODIAN

Under ORC §§ 3109.04(A)-(C) and 3109.051

OHIO STATUTORY FRAMEWORK — SOLE RESIDENTIAL PARENT

Ohio does not use the term "sole custody" in its statutes. Instead, the Court designates one parent as the Residential Parent and Legal Custodian when shared parenting is not appropriate or not requested by either parent. The key distinctions:

Residential Parent and Legal Custodian (ORC § 3109.04(A)): One parent is designated the Residential Parent and Legal Custodian with authority over major decisions regarding the Children's health, education, and welfare. The non-residential parent retains the right to reasonable parenting time under ORC § 3109.051.

When Sole Designation Is Appropriate: Under ORC § 3109.04(C), if neither parent files a shared parenting plan, or if a filed plan is not in the best interest of the children, the court shall allocate parental rights by designating one parent as the residential parent and legal custodian.

Unmarried Parents (ORC § 3109.042): An unmarried mother is the sole residential parent and legal custodian from birth until a court order provides otherwise. The father must establish paternity (ORC Chapter 3111) before seeking parental rights.

Non-Residential Parent's Rights: The non-residential parent retains important rights under Ohio law, including the right to access school, medical, and dental records; the right to be notified of emergencies; and the right to reasonable parenting time.

1. COURT AND CASE INFORMATION

IN THE COURT OF COMMON PLEAS
[________________________________] COUNTY, OHIO

☐ Domestic Relations Division
☐ Juvenile Division (unmarried parents — ORC §§ 3109.042, 2151.23)

Case No.: [________________________________]

Judge / Magistrate: [________________________________]

1.1 Parties

Residential Parent (Proposed):
Full Legal Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Non-Residential Parent (Proposed):
Full Legal Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

1.2 Minor Child(ren)

1.3 Context of This Agreement

☐ Dissolution of Marriage (ORC § 3105.61 et seq.)
☐ Divorce (ORC § 3105.01 et seq.)
☐ Legal Separation
☐ Allocation of parental rights — unmarried parents (ORC § 3109.042 / ORC § 2151.23)
☐ Modification of prior order (ORC § 3109.04(E)(1)(a))
☐ Other: [________________________________]

1.4 Reason Sole Designation Is Appropriate

☐ Neither parent has filed a Shared Parenting Plan (ORC § 3109.04(C))
☐ The Court has determined that shared parenting is not in the Children's best interest
☐ Domestic violence history makes shared parenting inappropriate (ORC § 3113.31)
☐ Geographic distance between parents makes shared parenting impractical
☐ History of inability to cooperate and communicate effectively
☐ One parent's unfitness, substance abuse, or incapacity
☐ The parties mutually agree that sole designation is in the Children's best interest
☐ Other: [________________________________]

1.5 Effective Date

This Agreement shall become effective on [__/__/____], or upon the Court's order incorporating this Agreement, whichever is later.

2. DESIGNATION OF RESIDENTIAL PARENT AND LEGAL CUSTODIAN

2.1 Designation

[________________________________] is designated as the Residential Parent and Legal Custodian of the minor child(ren) listed above.

The Children shall reside primarily with the Residential Parent at:
Address: [________________________________]
School District: [________________________________]
School Name: [________________________________]

2.2 Authority of the Residential Parent

The Residential Parent shall have the right and responsibility to make all major decisions concerning the Children's health, education, and welfare, including:

(a) Education: School enrollment and withdrawal, public vs. private school, special education evaluations (IEP/504 plans), tutoring, and homeschooling decisions;
(b) Non-Emergency Medical and Dental Care: Selection of physicians, dentists, and specialists; elective procedures; vaccinations; orthodontic treatment; chronic condition management;
(c) Mental Health Treatment: Counseling, therapy, psychiatric evaluation, and psychotropic medication;
(d) Religious Upbringing: Religious instruction, ceremonies, and observance;
(e) Extracurricular Activities: Enrollment in activities and programs;
(f) Travel: Authorization for domestic and international travel;
(g) Legal Matters: Obtaining a driver's license, legal actions on behalf of the Children.

2.3 Expectation of Consultation

While the Residential Parent has decision-making authority, Ohio courts expect that the Residential Parent will, when practical, notify and consult with the Non-Residential Parent regarding major decisions. However, final authority rests with the Residential Parent.

3. NON-RESIDENTIAL PARENT'S RIGHTS

3.1 Retained Rights (ORC § 3109.051)

The Non-Residential Parent retains the following rights:

(a) The right to reasonable parenting time as specified in Section 4;
(b) The right to access school records, report cards, and school communications directly from the school;
(c) The right to access medical, dental, and mental health records directly from providers;
(d) The right to be notified of emergencies, serious illnesses, injuries, or hospitalizations;
(e) The right to attend school events, extracurricular activities, and other occasions;
(f) The right to communicate directly with the Children's teachers, physicians, counselors, and other professionals;
(g) The right to be listed as a parent and emergency contact on school and medical records;
(h) The right to receive notice of relocation under ORC § 3109.051(G).

3.2 Notification by Residential Parent

The Residential Parent shall:
(a) Notify the Non-Residential Parent of school events, parent-teacher conferences, and extracurricular activities with sufficient advance notice;
(b) Provide copies of report cards, school notices, and medical records within [____] days of receipt;
(c) Notify the Non-Residential Parent within 24 hours of any emergency, serious illness, injury, or hospitalization.

4. PARENTING TIME SCHEDULE FOR NON-RESIDENTIAL PARENT

4.1 Parenting Time Standard

Under ORC § 3109.051(A), the Non-Residential Parent is entitled to reasonable parenting time. The schedule below conforms to the county's parenting time guidelines and Ohio's Guide for Parents Living Apart.

4.2 Type of Parenting Time

☐ Standard Parenting Time — See Section 4.3
☐ Expanded Parenting Time — See Section 4.4
☐ Restricted / Supervised Parenting Time — See Section 4.5
☐ Graduated Parenting Time — See Section 4.6
☐ Custom Schedule — See Section 4.7

4.3 Standard Parenting Time Schedule

A. Weekends:
☐ Every other weekend from Friday at [____] PM to Sunday at [____] PM
☐ Every other weekend from Friday at [____] PM to Monday morning school drop-off
☐ First, third, and fifth weekends from Friday at [____] PM to Sunday at [____] PM

B. Midweek:
☐ One evening per week ([________________________________]) from [____] PM to [____] PM
☐ One overnight per week ([________________________________]) from after school to the following morning school drop-off
☐ No midweek parenting time

C. Summer:
☐ Two (2) non-consecutive weeks with [____] days' advance written notice
☐ Four (4) weeks (consecutive or non-consecutive) with [____] days' advance written notice
☐ Other: [________________________________]

4.4 Expanded Parenting Time Schedule

A. Weekends:
☐ Every other weekend from Friday after school to Monday morning school drop-off
☐ First, third, and fifth weekends from Friday after school to Monday morning school drop-off

B. Midweek:
☐ Two evenings per week from after school to [____] PM
☐ One overnight per week plus one evening visit

C. Summer:
☐ Six (6) weeks with [____] days' advance written notice

4.5 Restricted / Supervised Parenting Time

Basis for Supervision: [________________________________]

(a) Frequency: [________________________________] (e.g., once weekly for [____] hours)
(b) Location:
☐ Professional supervised visitation center: [________________________________]
☐ In the presence of approved supervisor: [________________________________]
☐ Therapeutic supervision through: [________________________________]

(c) Conditions:
☐ Completion of substance abuse evaluation and compliance with recommendations
☐ Negative drug/alcohol testing within [____] hours before each visit
☐ Completion of anger management program
☐ Completion of parenting classes
☐ Compliance with mental health treatment
☐ Other: [________________________________]

(d) Costs of Supervision:
☐ Non-Residential Parent pays all supervision costs
☐ Costs shared: [____]% / [____]%

(e) Progress Review: The parties shall review supervision requirements every [____] months. The Non-Residential Parent may file a motion to modify supervision upon demonstrating compliance with conditions.

4.6 Graduated Parenting Time (Step-Up Plan)

For situations where the Non-Residential Parent is rebuilding the relationship:

Phase 1 (Months 1-[____]):
[________________________________]

Phase 2 (Months [____]-[____]):
[________________________________]

Phase 3 (Months [____] and beyond):
[________________________________]

Conditions for Advancement: [________________________________]

4.7 Custom Schedule

[________________________________]
[________________________________]

4.8 Holiday Schedule

Holidays supersede the regular parenting time schedule.

5. TRANSPORTATION AND EXCHANGE

5.1 Exchange Location

☐ School
☐ Residential Parent's residence (curbside)
☐ Neutral public location: [________________________________]
☐ Supervised exchange location: [________________________________]
☐ Other: [________________________________]

5.2 Transportation

☐ Non-Residential Parent picks up and returns the Children
☐ Residential Parent delivers; Non-Residential Parent returns
☐ Transportation shared (Non-Residential Parent picks up; Residential Parent picks up for return)
☐ Other: [________________________________]

5.3 Exchange Protocols

(a) Children shall be ready at the designated time.
(b) [____]-minute grace period for late arrivals; notification required if more than [____] minutes late.
(c) Neither parent shall engage in conflict during exchanges.
(d) Appropriate car seats and safety restraints shall be used.

6. COMMUNICATION

6.1 Parent-Child Communication

The Residential Parent shall facilitate reasonable communication between the Non-Residential Parent and the Children:
☐ Daily phone or video call at approximately [____] AM/PM for up to [____] minutes
☐ As mutually agreed at reasonable times
☐ Other: [________________________________]

The Residential Parent shall not monitor, interfere with, or record the Children's communication with the Non-Residential Parent.

6.2 Communication Between Parents

☐ OurFamilyWizard ☐ TalkingParents ☐ Email ☐ Text ☐ Other: [________________________________]

Communication shall be respectful and child-focused.

6.3 Non-Disparagement

(a) Neither parent shall make negative or disparaging remarks about the other parent in the Children's presence.
(b) Neither parent shall discuss court proceedings or adult matters with the Children.
(c) Neither parent shall use the Children as messengers.
(d) Neither parent shall engage in conduct designed to alienate the Children from the other parent.

7. RELOCATION (ORC § 3109.051(G))

7.1 Residential Parent Relocation

If the Residential Parent intends to move, the Residential Parent shall file a Notice of Intent to Relocate with the Court per ORC § 3109.051(G). The Court shall send a copy to the Non-Residential Parent (subject to domestic violence exceptions under ORC § 3109.051(G)(2)-(4)).

7.2 Impact on Parenting Time

Upon receipt of the notice, the Court may schedule a hearing to determine whether revision of parenting time is in the Children's best interest. Until a new order is entered, the existing parenting time schedule remains in effect.

7.3 Geographic Restriction (Optional)

☐ The Residential Parent shall not relocate the Children outside of [________________________________] without the Non-Residential Parent's written consent or a court order.
☐ No geographic restriction.

8. RIGHT OF FIRST REFUSAL (OPTIONAL)

☐ Included — If the Residential Parent is unavailable to personally care for the Children for more than [____] consecutive hours, the Residential Parent shall first offer the Non-Residential Parent the opportunity to provide care.

Exclusions: ☐ Grandparents ☐ Stepparent ☐ Regular school/daycare ☐ Scheduled activities

☐ Not Included

9. DOMESTIC VIOLENCE AND SAFETY SCREENING

☐ No domestic violence history.

☐ Domestic violence history exists. [________________________________] has been convicted of or pleaded guilty to domestic violence (ORC § 2919.25) or abuse/neglect. This has been considered under ORC § 3109.04(F)(1)(h).

Safety provisions in this Agreement:
☐ Supervised parenting time (Section 4.5)
☐ Supervised exchanges
☐ No direct contact between parents; communication through attorney or third party
☐ Other: [________________________________]

☐ Active Civil Protection Order. Case No. [________________________________]. This Agreement is consistent with the CPO.

10. CHILD'S WISHES (ORC § 3109.04(F)(1)(b))

☐ Not Applicable.

☐ Applicable. [________________________________] (Child's name), age [____], has expressed wishes regarding the allocation. The Court has considered these wishes along with all other best interest factors.

11. FINANCIAL PROVISIONS

11.1 Child Support

☐ Addressed in a separate order.
☐ Calculated per Ohio Child Support Guidelines (ORC § 3119.02 et seq.). See attached worksheet.

11.2 Health Insurance

[________________________________] shall maintain health, dental, and vision insurance for the Children.

11.3 Unreimbursed Medical Expenses

☐ Equally (50/50)
☐ Proportionally: [____]% Residential Parent / [____]% Non-Residential Parent

11.4 Tax Dependency

[________________________________]

12. DISPUTE RESOLUTION

12.1 Good-Faith Communication

Parents shall first attempt direct resolution.

12.2 Mediation

☐ Court-connected mediation ☐ Private mediator ☐ Either
Cost: ☐ Equal ☐ [____]% / [____]%

12.3 Court

Either parent may file an appropriate motion in the issuing court. Exclusive, continuing jurisdiction depends on the conditions in ORC § 3127.16.

13. MODIFICATION

13.1 Standard

Under ORC § 3109.04(E)(1)(a), the Court must find the required change in circumstances and that modification is necessary to serve the child's best interest. The Court retains the existing residential parent unless the change is in the child's best interest and one of divisions (E)(1)(a)(i), (ii), or (iii) applies: the required agreement, integration into the proposed residential parent's family with the required consent, or advantages that outweigh the likely harm from a change of environment.

13.2 Conversion to Shared Parenting

Either parent may file a Shared Parenting Plan under ORC § 3109.04(D)(1) if circumstances warrant. The Court will evaluate the plan under the ORC § 3109.04(F)(1) best interest factors.

14. REQUIRED FILINGS CHECKLIST

☐ Each parent's ORC § 3109.04(M) offense affidavit, using any form required by the local court
☐ Parenting Proceeding Affidavit (Uniform Domestic Relations Form Affidavit 3) as required by ORC § 3127.23
☐ This Stipulated Entry
☐ Ohio Child Support Computation Worksheet
☐ Income documentation per ORC § 3119.05
☐ Health insurance documentation
☐ GAL Report (if due under Sup.R. 8.06)
☐ Mediation report or certificate (if required by local rule)
☐ Proposed Judgment Entry

15. EXECUTION

PROPOSED RESIDENTIAL PARENT:

Signature: _________________________________
Print Name: [________________________________]
Date: [__/__/____]

PROPOSED NON-RESIDENTIAL PARENT:

Signature: _________________________________
Print Name: [________________________________]
Date: [__/__/____]

ATTORNEY FOR RESIDENTIAL PARENT (if applicable):

Signature: _________________________________
Print Name: [________________________________]
Ohio Supreme Court Registration No.: [________________________________]
Date: [__/__/____]

ATTORNEY FOR NON-RESIDENTIAL PARENT (if applicable):

Signature: _________________________________
Print Name: [________________________________]
Ohio Supreme Court Registration No.: [________________________________]
Date: [__/__/____]

16. ORDER OF THE COURT

The Court, having reviewed the foregoing Stipulated Entry, the affidavits required in this case, and the record, finds:

1. The designation of [________________________________] as the Residential Parent and Legal Custodian is in the best interest of the minor child(ren) under ORC § 3109.04(F)(1);
2. The parenting time schedule for the Non-Residential Parent is reasonable and in the Children's best interest under ORC § 3109.051(D);
3. ☐ No shared parenting plan has been filed by either parent (ORC § 3109.04(C));
4. ☐ The filed shared parenting plan was not in the Children's best interest;
5. ☐ Domestic violence considerations have been addressed per ORC § 3109.04(F)(1)(h);
6. This agreement was voluntarily entered into by both parties.

IT IS THEREFORE ORDERED that [________________________________] is designated as the Residential Parent and Legal Custodian, and the parenting time schedule set forth above is established, effective [__/__/____].

SIGNED this [____] day of [________________________________], 20[____].

_________________________________
Judge / Magistrate
Court of Common Pleas
[________________________________] County, Ohio

☐ Magistrate's Decision — Parties are advised of their right to file objections within fourteen (14) days per Ohio Civ.R. 53(D)(3)(b).

Sources and References

Ohio Revised Code — Allocation of Parental Rights

• ORC § 3109.04 — Allocating Parental Rights and Responsibilities: https://codes.ohio.gov/ohio-revised-code/section-3109.04
• ORC § 3109.04(A)-(C) — Designation of residential parent and legal custodian
• ORC § 3109.04(E)(1)(a) — Modification standard and three retention-of-residential-parent alternatives
• ORC § 3109.04(F)(1) — Best interest factors (a) through (j)
• ORC § 3109.04(M) — Parent and household offense affidavit
• ORC § 3109.051 — Parenting time rights: https://codes.ohio.gov/ohio-revised-code/section-3109.051
• ORC § 3109.051(A) — Supervised parenting time authority
• ORC § 3109.051(D) — Sixteen factors for parenting time determinations
• ORC § 3109.051(G) — Notice of intent to relocate
• ORC § 3109.042 — Custody rights of unmarried mother: https://codes.ohio.gov/ohio-revised-code/section-3109.042
• ORC § 3113.31 — Domestic violence: https://codes.ohio.gov/ohio-revised-code/section-3113.31
• ORC § 3111 — Parentage Act (paternity establishment)

Ohio Supreme Court Rules and Forms

• Sup.R. 8.00-8.07 — Guardian ad Litem Standards
• Uniform Domestic Relations Form Affidavit 3 — Parenting Proceeding Affidavit under ORC § 3127.23
• Planning for Parenting Time: Ohio's Guide for Parents Living Apart: https://www.supremecourt.ohio.gov/docs/Publications/JCS/parentingGuide.pdf

Key Ohio Case Law

• Davis v. Flickinger, 77 Ohio St.3d 415 (1997) — Change in circumstances and anti-modification bias
• Fisher v. Hasenjager, 116 Ohio St.3d 53 (2007) — Shared parenting modification standards

County-Specific Resources

• Cuyahoga County — Allocation of Parental Rights: https://domestic.cuyahogacounty.gov/divorce-and-dissolutions/parenting/allocation-of-parental-rights
• Cuyahoga County — Parenting Time Guidelines: https://domestic.cuyahogacounty.gov/docs/default-source/default-document-library/parentingtimeguidelines.pdf
• Franklin County — Local Rule 27.1 (Parenting Time): https://drj.fccourts.org

Prepared for attorney review. This template is provided for informational purposes only and does not constitute legal advice.