OH Bar Family Law 3

Question 1

Under Ohio law, the standard for allocating parental rights and responsibilities between parents is what?

Accepted Answer

The best interest of the child

Answer

Ohio Rev. Code 3109.04 requires courts to allocate parental rights and responsibilities according to the best interest of the child, with no gender or automatic-equal-time presumption.

Question 2

In Ohio, a court may grant shared parenting only if which procedural step has occurred?

Accepted Answer

At least one parent filed a proposed shared parenting plan

Answer

Under Ohio Rev. Code 3109.04, a court cannot order shared parenting unless one or both parents filed a pleading or motion with a proposed shared parenting plan.

Question 3

To modify a prior decree allocating parental rights in Ohio, the movant must first show what?

Accepted Answer

A change in circumstances of the child or residential parent since the decree

Answer

Ohio Rev. Code 3109.04(E) requires a threshold change in circumstances of the child or residential parent before the court reaches best interest and the harm-benefit analysis.

Question 4

Ohio child support is generally calculated using which model?

Accepted Answer

The income shares model based on both parents' incomes

Answer

Ohio uses an income shares model that combines both parents' incomes to determine the guideline support obligation, which is presumptively correct.

Question 5

A never-married father in Ohio has not established paternity or been designated residential parent. Until he does so, who is the child's sole residential parent and legal custodian by statute?

Accepted Answer

The unmarried mother

Answer

Under Ohio Rev. Code 3109.042, an unmarried mother is the sole residential parent and legal custodian until a court designates otherwise.

(OH Bar) Ohio Bar Exam Practice Test

(OH Bar) Ohio Bar Exam Practice Test

OH Bar Family Law 3