Nancy L. Sponseller

Working For You and With You

(614) 764-0423

Ohio Family Law

Discernment Counseling

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Do you really know if you want to terminate your marriage? How can “Discernment Counseling” and a “Discernment Counselor” help you and your spouse? 

Discernment Counseling

While most clients who take the step to schedule an initial consultation with a “family divorce lawyer” know that either they or their spouse have unequivocally decided to end their marriage, there are individuals who candidly admit that they “do not know” and/or their spouse “does not know.”

And, many go forward with marriage termination because they do not have a trained professional counselor to guide them in their decision-making. A significant percentage of individuals who are divorced look back and regret getting divorced. Some research shows that as many as 50% wished they had worked harder to resolve their marital differences that led to the divorce, and a significant percentage expressed regret one year past the divorce.

Many of these individuals may have had no one to help them in their decision-making process and consequently they moved forward with divorce because they believed they had no option and their present circumstances were not sustainable.  

If you and/or your spouse does not know if you want to end the marriage, discernment counseling may be your best immediate path. This is a structured, short- term protocol to help couples get clarity in the decision-making about their future—based on an understanding of what has happened and each spouse’s contribution to the problem(s), and if and how change can occur.

There are three paths forward:  1) stay the course and do nothing, 2) separate or end the marriage, and, or 3) make a 6- month commitment to couples’ therapy with divorce off the table during this 6- month period of time.

Discernment counseling is provided by counselors who are trained in discernment counseling and are most often recommended by collaborative attorneys who are aware of this and, where appropriate, recommend to clients those counselors trained in discernment counseling BEFORE proceeding with the collaborative divorce process or indeed any divorce process.

For more information or to schedule a consultation call (614) 765-0423. Our office is located at 5900 Sawmill Road, Suite 120, Dublin, OH 43017.

Understanding The Role Of The School Placement Parent In Ohio

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Divorce is a life-altering event, especially when children are involved. One often important aspect of divorce proceedings in Ohio is determining the school placement parent. This is not the parent who, by this designation alone, would have the legal authority to make educational decisions for the child, but rather it is the parent whose residence will determine in which public school district the parties’ child/children is/are entitled to be enrolled and attend.

Who is a School Placement Parent?

Parent and School
  • In Ohio, the “school placement parent” refers to the parent whose home address will determine in which public school district (and often which public school in that district) the child/children may be enrolled and attend. 
  • Often the divorcing parents establish separate residences in the same school district, and if so, both parents can then be designated as “school placement parent.”
  • However, when the parents have residences in different school districts, the parents can either agree as to which parent will be the designated school placement parent, or, if the parents are in disagreement and the matter is before the court in a contested divorce case, the judge can determine which parent is school placement parent.  
  • Other than determining in which school district the child/children may be enrolled and therefore attend, being designated school placement parent, in and of itself, gives the parent no additional legal rights and responsibilities to make other decisions regarding the education and schooling of the child or children involved in a divorce.
  • This is a consideration only for public education; private schools including parochial school enrollment is not involved in this designation.  

Determining the School Placement Parent–Considerations

  • Getting the Best Education for the Child: Divorcing parents may disagree about many things, but most often they are in agreement that they want their child enrolled in the best public school—depending on where the parents can afford to buy or rent a home and in what district. Not all school districts offer the same quality education, and where the parents have available to them a school district that, by reputation and statistics, offer high or higher quality public education, parents will most often agree and choose the better or best school district, and then often (but not always) the parent who is or will be living in the best or better school district, is designated the school placement parent. This is often the consideration when the parents are selling the marital home and each parent will be moving into a new home.    
  • Keeping the Child in the Same School District: If one of the divorcing parents is keeping the marital home post-divorce, and the child is still in school, most often the parents agree that keeping the child in the same school district, and in the same school, is in the child’s best interest because this maintains stability for the child. So, absent other considerations, the parent who is keeping the marital home would be designated school placement parent., 
  • Child’s Preferences: Even if the child is of an appropriate age and maturity level, the child’s preference may not be considered by a Court in the decision-making process. However, as a practical matter, an older child’s preferences (and the child’s reasons for his/her preference) should be considered by the parents if not technically/legally per se the Court. Usually, a child is reluctant to change schools, even when there is no practical alternative, but counselors will tell you that children quickly adjust.   
  • Proximity to School: The distance between each parent’s residence and the child’s school should be a consideration. As a practical matter, the child’s school schedule—e.g., school hours, extracurricular activities, etc. most likely also will impact each parent’s schedule. Parents know they need to be close to their child’s school for multiple reasons, including to facilitate transportation to and from school and extracurricular activities.    

Shared Parenting Arrangement

  • In Ohio, the courts strongly favor shared parenting arrangements to ensure both parents remain actively involved in the child’s life and decision-making process.
  • Residential Parent vs. School Placement Parent: Shared parenting arrangements embedded in a written Shared Parenting Plan, usually will designate one parent as the school placement parent, but both parents may be designated as a school placement parent IF both parents live in the same school district. However, even if only one parent is designated as school placement parent, both parents are still designated “residential parent and legal custodian” and each parent may be allocated all parental rights and responsibilities regarding the child/children except as may otherwise be addressed and stated in the Shared Parenting Plan.

Legally Binding; Modifications

  • A parent’s designation as school placement parent ultimately will be per a Court Order/Decree, even if this is by the parents’ agreement that is incorporated into a Decree as any agreement would be. When this designation is then incorporated into a Court Order/Decree, this becomes legally binding, and both parents must adhere to it. School districts often ask to see the Court Order/Decree naming a parent as school placement parent, and the parents are obligated to provide this to the school district. The district can enroll a child “provisionally” on the basis that the Court Order/Decree will be provided.      
  • However, custody arrangements are not set in stone and can be modified in the future if circumstances change significantly, such as a change in the child’s needs or one parent relocating. When parents move, and they now agree that the other parent will be the school placement parent, or absent an agreement, one parent wishes to file a post marriage termination motion to be named the school placement parent, a new Court Order/Decree must be obtained which provides for this. If the change is made close to the commencement of a new school year, there may not be sufficient time to obtain a new Court Order/Decree, even if such is by agreement between the parents, but many school districts will give a parent seeking to enroll the child in the new school district, a reasonable period of time to obtain the new Order/Decree.   

Communication and Cooperation

  • To ensure a smooth transition for the child, divorced parents are encouraged to maintain open and respectful communication.
  • Both parents should cooperate in matters concerning the child’s education, as a positive and supportive environment is crucial for the child’s academic and emotional well-being.

Contact The Law Office of Nancy L. Sponseller

For questions regarding divorce, child custody and family law please contact Nancy Sponseller at (614) 764-0423 to schedule a consultation. The Law Office of Nancy L. Sponseller is located at 5900 Sawmill Road, Suite 120, Dublin, OH 43017.

Understanding Child Custody and Child Support in Ohio

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Child custody and child support are an important part of any divorce or separation proceedings involving children. In Ohio, specific laws and guidelines govern these matters, ensuring the best interests of the child are upheld. This blog provides an overview of child custody arrangements and child support obligations in Ohio, helping parents navigate these complex issues.

Child Custody and Support

Child Custody in Ohio: When it comes to child custody in Ohio, the primary focus is the best interest of your child. The court considers factors such as  the parents’ ability to provide a safe and stable environment, the child’s relationship with each parent, and any history of abuse or domestic violence.

Years ago, a parent could have a child sign an election which the parent filed in court. Some still ask about how old a child must be to sign an election. No longer can a child sign an elect to live with one parent versus the other parent (and no attorney is able to file such); however, in rare circumstances the judge may meet with a child in the judge’s chambers to learn information from the child that is then considered by the judge in contested custody cases.

Additionally, as a practical matter, parents may need to consider the desires of older children (teens), and in some cases, even eligibility for school sports/teams may be a significant factor where parents live in different school districts.

There are two main types of custody arrangements:

  1. Sole Custody: One parent is granted primary custody, allowing them to make major decisions regarding the child’s upbringing. The non-custodial parent usually receives visitation or parenting time rights. While parents may still refer to their time with their children as “visitation,” no longer is this terminology legally correct (other than for grandparents).
  2. Shared Custody: Both parents share legal and physical custody, collaborating on important decisions and parenting responsibilities. A parenting plan is created to outline the division of time and responsibilities. This is now called “shared parenting.”

Child Support in Ohio: Child support is crucial for ensuring the financial well-being of the child. In Ohio, child support is calculated using the Income Shares Model. This model considers the income of both parents, the number of children, and the cost of living. The following factors are considered:

  1. Gross Income: Wages, salaries, bonuses, commissions, and self-employment earnings of both parents are factored into the calculation.
  2. Child-Related Expenses: Costs such as health insurance, daycare, and extraordinary medical expenses are taken into consideration.
  3. Parenting Time: The amount of time each parent spends with the child affects child support calculations.
  4. Child Support Deviation:  While the Ohio child support guideline calculation worksheet must always be completed and attached to the parents’ filings in court, often the parents agree to “deviate” from the guideline amount, either up or down, and sometime down to zero, however, the parents must provide to the court reasons justifying “deviation” which usually include that the parents are paying for all child related expenditures directly and equitably splitting these costs between them.
  5. Child Support Payments:  If a parent is paying child support, denominated as “child support,” it must be paid through the Child Support Enforcement Agency (Child Support Central) with an additional processing fee (e.g., 2%) that is paid by the payor parent. This is often the best way to have a record of what support is paid and to ensure that support is paid. Child support payments can either be withheld from the payor’s wages by his/her employer or withheld from the payor’s designated financial institution bank account.       

Modification and Enforcement: Child custody and child support arrangements may require modification over time due to changing circumstances. You can request modifications if there is a significant change in income, employment, or living arrangements. In cases of non-compliance with child support orders, enforcement measures can be taken, such as wage garnishment or license suspension.

Understanding child custody and child support laws in Ohio helps parents navigating divorce or separation. By prioritizing the best interests of the child and seeking legal guidance, you and your spouse can ensure a fair and stable arrangement that supports the child’s well-being and financial security.

Contact The Law Office of Nancy L. Sponseller

For questions regarding child custody and child support please contact Nancy Sponseller at (614) 764-0423 to schedule a consultation. The Law Office of Nancy L. Sponseller is located at 5900 Sawmill Road, Suite 120, Dublin, OH 43017.