❌ HB256
Revise the law regarding child custody for unwed parents
Summary
The bill amends section 3109.042 of the Revised Code to establish a rebuttable presumption that an unmarried female who gives birth is the sole residential parent and legal custodian until a court designates otherwise. It allows for equal parental rights and responsibilities upon rebuttal of this presumption, and stipulates that a parent convicted of rape or sexual battery cannot be a residential parent or legal custodian. Judicial proceedings may be initiated if parents cannot agree on custody arrangements.
Rationale
The bill introduces a presumption favoring the mother in custody matters, which may conflict with the LP and LPO principles of equal treatment and parental rights. While it allows for equal rights upon rebuttal, the initial presumption may undermine the concept of equal parental rights. Additionally, the provision regarding parents convicted of certain crimes may be seen as a restriction on individual rights.
Risks and Concerns
- Potential bias against fathers in custody decisions
- Increased judicial involvement in family matters
- Possibility of unequal treatment based on gender