Courts in Ohio have two choices when it comes to making a custody order:
(1) Give each parent equal decision-making authority over the children. Each parent is the “residential parent and legal custodian” in this scenario. The parents will outline their respective responsibilities in a Shared Parenting Plan. This is akin to “joint custody.”
(2) Give one parent the decision-making authority over the children. In this scenario, that parent will be the “residential parent and legal custodian.” The other parent will be the “non-residential parent.” This is akin to “sole custody.”
Ohio law does not use the term “custody.” Instead, we call this “the allocation of parental rights and responsibilities.” Similarly, Ohio law does not use the term “visitation.” The non-residential parent has a “parenting time schedule.”