Ohio § 3109.04

§ 3109.04.

(A) In any divorce, legal separation, or annulment proceeding and in any proceeding pertaining

to the allocation of parental rights and responsibilities for the care of a child,

upon hearing the testimony of either or both parents and considering any mediation

report filed pursuant to section 3109.052 of the Revised Code and in accordance with sections 3127.01 to 3127.53 of the Revised Code , the court shall allocate the parental rights and responsibilities for the care of

the minor children of the marriage.  Subject to division (D)(2) of this section, the court may allocate the parental

rights and responsibilities for the care of the children in either of the following

ways: (1) If neither parent files a pleading or motion in accordance with division (G) of this

section, if at least one parent files a pleading or motion under that division but

no parent who filed a pleading or motion under that division also files a plan for

shared parenting, or if at least one parent files both a pleading or motion and a

shared parenting plan under that division but no plan for shared parenting is in the

best interest of the children, the court, in a manner consistent with the best interest

of the children, shall allocate the parental rights and responsibilities for the care

of the children primarily to one of the parents, designate that parent as the residential

parent and the legal custodian of the child, and divide between the parents the other

rights and responsibilities for the care of the children, including, but not limited

to, the responsibility to provide support for the children and the right of the parent

who is not the residential parent to have continuing contact with the children. (2) If at least one parent files a pleading or motion in accordance with division (G)

of this section and a plan for shared parenting pursuant to that division and if a

plan for shared parenting is in the best interest of the children and is approved

by the court in accordance with division (D)(1) of this section, the court may allocate

the parental rights and responsibilities for the care of the children to both parents

and issue a shared parenting order requiring the parents to share all or some of the

aspects of the physical and legal care of the children in accordance with the approved

plan for shared parenting.  If the court issues a shared parenting order under this division and it is necessary

for the purpose of receiving public assistance, the court shall designate which one

of the parents' residences is to serve as the child's home.  The child support obligations of the parents under a shared parenting order issued

under this division shall be determined in accordance with Chapters 3119., 3121.,

3123., and 3125. of the Revised Code. (B)(1) When making the allocation of the parental rights and responsibilities for the care

of the children under this section in an original proceeding or in any proceeding

for modification of a prior order of the court making the allocation, the court shall

take into account that which would be in the best interest of the children.  In determining the child's best interest for purposes of making its allocation of

the parental rights and responsibilities for the care of the child and for purposes

of resolving any issues related to the making of that allocation, the court, in its

discretion, may and, upon the request of either party, shall interview in chambers

any or all of the involved children regarding their wishes and concerns with respect

to the allocation. (2) If the court interviews any child pursuant to division (B)(1) of this section, all

of the following apply: (a) The court, in its discretion, may and, upon the motion of either parent, shall appoint

a guardian ad litem for the child. (b) The court first shall determine the reasoning ability of the child.  If the court determines that the child does not have sufficient reasoning ability

to express the child's wishes and concern with respect to the allocation of parental

rights and responsibilities for the care of the child, it shall not determine the

child's wishes and concerns with respect to the allocation.  If the court determines that the child has sufficient reasoning ability to express

the child's wishes or concerns with respect to the allocation, it then shall determine

whether, because of special circumstances, it would not be in the best interest of

the child to determine the child's wishes and concerns with respect to the allocation.  If the court determines that, because of special circumstances, it would not be

in the best interest of the child to determine the child's wishes and concerns with

respect to the allocation, it shall not determine the child's wishes and concerns

with respect to the allocation and shall enter its written findings of fact and opinion

in the journal.  If the court determines that it would be in the best interests of the child to determine

the child's wishes and concerns with respect to the allocation, it shall proceed to

make that determination. (c) The interview shall be conducted in chambers, and no person other than the child,

the child's attorney, the judge, any necessary court personnel, and, in the judge's

discretion, the attorney of each parent shall be permitted to be present in the chambers

during the interview. (3) No person shall obtain or attempt to obtain from a child a written or recorded statement

or affidavit setting forth the child's wishes and concerns regarding the allocation

of parental rights and responsibilities concerning the child.  No court, in determining the child's best interest for purposes of making its allocation

of the parental rights and responsibilities for the care of the child or for purposes

of resolving any issues related to the making of that allocation, shall accept or

consider a written or recorded statement or affidavit that purports to set forth the

child's wishes and concerns regarding those matters. (C) Prior to trial, the court may cause an investigation to be made as to the character,

family relations, past conduct, earning ability, and financial worth of each parent

and may order the parents and their minor children to submit to medical, psychological,

and psychiatric examinations.  The report of the investigation and examinations shall be made available to either

parent or the parent's counsel of record not less than five days before trial, upon

written request.  The report shall be signed by the investigator, and the investigator shall be subject

to cross-examination by either parent concerning the contents of the report.  The court may tax as costs all or any part of the expenses for each investigation. If the court determines that either parent previously has been convicted of or pleaded

guilty to any criminal offense involving any act that resulted in a child being a

neglected child, that either parent previously has been determined to be the perpetrator

of the neglectful act that is the basis of an adjudication that a child is a neglected

child, or that there is reason to believe that either parent has acted in a manner

resulting in a child being a neglected child, the court shall consider that fact against

naming that parent the residential parent and against granting a shared parenting

decree.  When the court allocates parental rights and responsibilities for the care of children

or determines whether to grant shared parenting in any proceeding, it shall consider

whether either parent or any member of the household of either parent has been convicted

of or pleaded guilty to a violation of section 2919.25 of the Revised Code or a sexually oriented offense involving a victim who at the time of the commission

of the offense was a member of the family or household that is the subject of the

proceeding, has been convicted of or pleaded guilty to any sexually oriented offense

or other offense involving a victim who at the time of the commission of the offense

was a member of the family or household that is the subject of the proceeding and

caused physical harm to the victim in the commission of the offense, or has been determined

to be the perpetrator of the abusive act that is the basis of an adjudication that

a child is an abused child.  If the court determines that either parent has been convicted of or pleaded guilty

to a violation of section 2919.25 of the Revised Code or a sexually oriented offense involving a victim who at the time of the commission

of the offense was a member of the family or household that is the subject of the

proceeding, has been convicted of or pleaded guilty to any sexually oriented offense

or other offense involving a victim who at the time of the commission of the offense

was a member of the family or household that is the subject of the proceeding and

caused physical harm to the victim in the commission of the offense, or has been determined

to be the perpetrator of the abusive act that is the basis of an adjudication that

a child is an abused child, it may designate that parent as the residential parent

and may issue a shared parenting decree or order only if it determines that it is

in the best interest of the child to name that parent the residential parent or to

issue a shared parenting decree or order and it makes specific written findings of

fact to support its determination. (D)(1)(a) Upon the filing of a pleading or motion by either parent or both parents, in accordance

with division (G) of this section, requesting shared parenting and the filing of a

shared parenting plan in accordance with that division, the court shall comply with

division (D)(1)(a)(i), (ii), or (iii) of this section, whichever is applicable: (i) If both parents jointly make the request in their pleadings or jointly file the motion

and also jointly file the plan, the court shall review the parents' plan to determine

if it is in the best interest of the children.  If the court determines that the plan is in the best interest of the children, the

court shall approve it.  If the court determines that the plan or any part of the plan is not in the best

interest of the children, the court shall require the parents to make appropriate

changes to the plan to meet the court's objections to it.  If changes to the plan are made to meet the court's objections, and if the new plan

is in the best interest of the children, the court shall approve the plan.  If changes to the plan are not made to meet the court's objections, or if the parents

attempt to make changes to the plan to meet the court's objections, but the court

determines that the new plan or any part of the new plan still is not in the best

interest of the children, the court may reject the portion of the parents' pleadings

or deny their motion requesting shared parenting of the children and proceed as if

the request in the pleadings or the motion had not been made.  The court shall not approve a plan under this division unless it determines that

the plan is in the best interest of the children. (ii) If each parent makes a request in the parent's pleadings or files a motion and each

also files a separate plan, the court shall review each plan filed to determine if

either is in the best interest of the children.  If the court determines that one of the filed plans is in the best interest of the

children, the court may approve the plan.  If the court determines that neither filed plan is in the best interest of the children,

the court may order each parent to submit appropriate changes to the parent's plan

or both of the filed plans to meet the court's objections, or may select one of the

filed plans and order each parent to submit appropriate changes to the selected plan

to meet the court's objections.  If changes to the plan or plans are submitted to meet the court's objections, and

if any of the filed plans with the changes is in the best interest of the children,

the court may approve the plan with the changes.  If changes to the plan or plans are not submitted to meet the court's objections,

or if the parents submit changes to the plan or plans to meet the court's objections

but the court determines that none of the filed plans with the submitted changes is

in the best interest of the children, the court may reject the portion of the parents'

pleadings or deny their motions requesting shared parenting of the children and proceed

as if the requests in the pleadings or the motions had not been made.  If the court approves a plan under this division, either as originally filed or

with submitted changes, or if the court rejects the portion of the parents' pleadings

or denies their motions requesting shared parenting under this division and proceeds

as if the requests in the pleadings or the motions had not been made, the court shall

enter in the record of the case findings of fact and conclusions of law as to the

reasons for the approval or the rejection or denial.  Division (D)(1)(b) of this section applies in relation to the approval or disapproval

of a plan under this division. (iii) If each parent makes a request in the parent's pleadings or files a motion but only

one parent files a plan, or if only one parent makes a request in the parent's pleadings

or files a motion and also files a plan, the court in the best interest of the children

may order the other parent to file a plan for shared parenting in accordance with

division (G) of this section.  The court shall review each plan filed to determine if any plan is in the best interest

of the children.  If the court determines that one of the filed plans is in the best interest of the

children, the court may approve the plan.  If the court determines that no filed plan is in the best interest of the children,

the court may order each parent to submit appropriate changes to the parent's plan

or both of the filed plans to meet the court's objections or may select one filed

plan and order each parent to submit appropriate changes to the selected plan to meet

the court's objections.  If changes to the plan or plans are submitted to meet the court's objections, and

if any of the filed plans with the changes is in the best interest of the children,

the court may approve the plan with the changes.  If changes to the plan or plans are not submitted to meet the court's objections,

or if the parents submit changes to the plan or plans to meet the court's objections

but the court determines that none of the filed plans with the submitted changes is

in the best interest of the children, the court may reject the portion of the parents'

pleadings or deny the parents' motion or reject the portion of the parents' pleadings

or deny their motions requesting shared parenting of the children and proceed as if

the request or requests or the motion or motions had not been made.  If the court approves a plan under this division, either as originally filed or

with submitted changes, or if the court rejects the portion of the pleadings or denies

the motion or motions requesting shared parenting under this division and proceeds

as if the request or requests or the motion or motions had not been made, the court

shall enter in the record of the case findings of fact and conclusions of law as to

the reasons for the approval or the rejection or denial.  Division (D)(1)(b) of this section applies in relation to the approval or disapproval

of a plan under this division. (b) The approval of a plan under division (D)(1)(a)(ii) or (iii) of this section is discretionary

with the court.  The court shall not approve more than one plan under either division and shall not

approve a plan under either division unless it determines that the plan is in the

best interest of the children.  If the court, under either division, does not determine that any filed plan or any

filed plan with submitted changes is in the best interest of the children, the court

shall not approve any plan. (c) Whenever possible, the court shall require that a shared parenting plan approved

under division (D)(1)(a)(i), (ii), or (iii) of this section ensure the opportunity

for both parents to have frequent and continuing contact with the child, unless frequent

and continuing contact with any parent would not be in the best interest of the child. (d) If a court approves a shared parenting plan under division (D)(1)(a)(i), (ii), or

(iii) of this section, the approved plan shall be incorporated into a final shared

parenting decree granting the parents the shared parenting of the children.  Any final shared parenting decree shall be issued at the same time as and shall

be appended to the final decree of dissolution, divorce, annulment, or legal separation

arising out of the action out of which the question of the allocation of parental

rights and responsibilities for the care of the children arose. No provisional shared parenting decree shall be issued in relation to any shared parenting

plan approved under division (D)(1)(a)(i), (ii), or (iii) of this section.  A final shared parenting decree issued under this division has immediate effect

as a final decree on the date of its issuance, subject to modification or termination

as authorized by this section. (2) If the court finds, with respect to any child under eighteen years of age, that it

is in the best interest of the child for neither parent to be designated the residential

parent and legal custodian of the child, it may commit the child to a relative of

the child or certify a copy of its findings, together with as much of the record and

the further information, in narrative form or otherwise, that it considers necessary

or as the juvenile court requests, to the juvenile court for further proceedings,

and, upon the certification, the juvenile court has exclusive jurisdiction. (E)(1)(a) The court shall not modify a prior decree allocating parental rights and responsibilities

for the care of children unless it finds, based on facts that have arisen since the

prior decree or that were unknown to the court at the time of the prior decree, that

a change has occurred in the circumstances of the child, the child's residential parent,

or either of the parents subject to a shared parenting decree, and that the modification

is necessary to serve the best interest of the child.  In applying these standards, the court shall retain the residential parent designated

by the prior decree or the prior shared parenting decree, unless a modification is

in the best interest of the child and one of the following applies: (i) The residential parent agrees to a change in the residential parent or both parents

under a shared parenting decree agree to a change in the designation of residential

parent. (ii) The child, with the consent of the residential parent or of both parents under a

shared parenting decree, has been integrated into the family of the person seeking

to become the residential parent. (iii) The harm likely to be caused by a change of environment is outweighed by the advantages

of the change of environment to the child. (b) One or both of the parents under a prior decree allocating parental rights and responsibilities

for the care of children that is not a shared parenting decree may file a motion requesting

that the prior decree be modified to give both parents shared rights and responsibilities

for the care of the children.  The motion shall include both a request for modification of the prior decree and

a request for a shared parenting order that complies with division (G) of this section.  Upon the filing of the motion, if the court determines that a modification of the

prior decree is authorized under division (E)(1)(a) of this section, the court may

modify the prior decree to grant a shared parenting order, provided that the court

shall not modify the prior decree to grant a shared parenting order unless the court

complies with divisions (A) and (D)(1) of this section and, in accordance with those

divisions, approves the submitted shared parenting plan and determines that shared

parenting would be in the best interest of the children. (2) In addition to a modification authorized under division (E)(1) of this section: (a) Both parents under a shared parenting decree jointly may modify the terms of the

plan for shared parenting approved by the court and incorporated by it into the shared

parenting decree.  Modifications under this division may be made at any time.  The modifications to the plan shall be filed jointly by both parents with the court,

and the court shall include them in the plan, unless they are not in the best interest

of the children.  If the modifications are not in the best interests of the children, the court, in

its discretion, may reject the modifications or make modifications to the proposed

modifications or the plan that are in the best interest of the children.  Modifications jointly submitted by both parents under a shared parenting decree

shall be effective, either as originally filed or as modified by the court, upon their

inclusion by the court in the plan.  Modifications to the plan made by the court shall be effective upon their inclusion

by the court in the plan. (b) The court may modify the terms of the plan for shared parenting approved by the court

and incorporated by it into the shared parenting decree upon its own motion at any

time if the court determines that the modifications are in the best interest of the

children or upon the request of one or both of the parents under the decree.  Modifications under this division may be made at any time.  The court shall not make any modification to the plan under this division, unless

the modification is in the best interest of the children. (c) The court may terminate a prior final shared parenting decree that includes a shared

parenting plan approved under division (D)(1)(a)(i) of this section upon the request

of one or both of the parents or whenever it determines that shared parenting is not

in the best interest of the children.  The court may terminate a prior final shared parenting decree that includes a shared

parenting plan approved under division (D)(1)(a)(ii) or (iii) of this section if it

determines, upon its own motion or upon the request of one or both parents, that shared

parenting is not in the best interest of the children.  If modification of the terms of the plan for shared parenting approved by the court

and incorporated by it into the final shared parenting decree is attempted under division

(E)(2)(a) of this section and the court rejects the modifications, it may terminate

the final shared parenting decree if it determines that shared parenting is not in

the best interest of the children. (d) Upon the termination of a prior final shared parenting decree under division (E)(2)(c)

of this section, the court shall proceed and issue a modified decree for the allocation

of parental rights and responsibilities for the care of the children under the standards

applicable under divisions (A), (B), and (C) of this section as if no decree for shared

parenting had been granted and as if no request for shared parenting ever had been

made. (F)(1) In determining the best interest of a child pursuant to this section, whether on

an original decree allocating parental rights and responsibilities for the care of

children or a modification of a decree allocating those rights and responsibilities,

the court shall consider all relevant factors, including, but not limited to: (a) The wishes of the child's parents regarding the child's care; (b) If the court has interviewed the child in chambers pursuant to division (B) of this

section regarding the child's wishes and concerns as to the allocation of parental

rights and responsibilities concerning the child, the wishes and concerns of the child,

as expressed to the court; (c) The child's interaction and interrelationship with the child's parents, siblings,

and any other person who may significantly affect the child's best interest; (d) The child's adjustment to the child's home, school, and community; (e) The mental and physical health of all persons involved in the situation; (f) The parent more likely to honor and facilitate court-approved parenting time rights

or visitation and companionship rights; (g) Whether either parent has failed to make all child support payments, including all

arrearages, that are required of that parent pursuant to a child support order under

which that parent is an obligor; (h) Whether either parent or any member of the household of either parent previously

has been convicted of or pleaded guilty to any criminal offense involving any act

that resulted in a child being an abused child or a neglected child;  whether either

parent, in a case in which a child has been adjudicated an abused child or a neglected

child, previously has been determined to be the perpetrator of the abusive or neglectful

act that is the basis of an adjudication;  whether either parent or any member of

the household of either parent previously has been convicted of or pleaded guilty

to a violation of section 2919.25 of the Revised Code or a sexually oriented offense involving a victim who at the time of the commission

of the offense was a member of the family or household that is the subject of the

current proceeding;  whether either parent or any member of the household of either

parent previously has been convicted of or pleaded guilty to any offense involving

a victim who at the time of the commission of the offense was a member of the family

or household that is the subject of the current proceeding and caused physical harm

to the victim in the commission of the offense;  and whether there is reason to believe

that either parent has acted in a manner resulting in a child being an abused child

or a neglected child; (i) Whether the residential parent or one of the parents subject to a shared parenting

decree has continuously and willfully denied the other parent's right to parenting

time in accordance with an order of the court; (j) Whether either parent has established a residence, or is planning to establish a

residence, outside this state. (2) In determining whether shared parenting is in the best interest of the children,

the court shall consider all relevant factors, including, but not limited to, the

factors enumerated in division (F)(1) of this section, the factors enumerated in section 3119.23 of the Revised Code , and all of the following factors: (a) The ability of the parents to cooperate and make decisions jointly, with respect

to the children; (b) The ability of each parent to encourage the sharing of love, affection, and contact

between the child and the other parent; (c) Any history of, or potential for, child abuse, spouse abuse, other domestic violence,

or parental kidnapping by either parent; (d) The geographic proximity of the parents to each other, as the proximity relates to

the practical considerations of shared parenting; (e) The recommendation of the guardian ad litem of the child, if the child has a guardian

ad litem. (3) When allocating parental rights and responsibilities for the care of children, the

court shall not give preference to a parent because of that parent's financial status

or condition. (G) Either parent or both parents of any children may file a pleading or motion with

the court requesting the court to grant both parents shared parental rights and responsibilities

for the care of the children in a proceeding held pursuant to division (A) of this

section.  If a pleading or motion requesting shared parenting is filed, the parent or parents

filing the pleading or motion also shall file with the court a plan for the exercise

of shared parenting by both parents.  If each parent files a pleading or motion requesting shared parenting but only one

parent files a plan or if only one parent files a pleading or motion requesting shared

parenting and also files a plan, the other parent as ordered by the court shall file

with the court a plan for the exercise of shared parenting by both parents.  The plan for shared parenting shall be filed with the petition for dissolution of

marriage, if the question of parental rights and responsibilities for the care of

the children arises out of an action for dissolution of marriage, or, in other cases,

at a time at least thirty days prior to the hearing on the issue of the parental rights

and responsibilities for the care of the children.  A plan for shared parenting shall include provisions covering all factors that are

relevant to the care of the children, including, but not limited to, provisions covering

factors such as physical living arrangements, child support obligations, provision

for the children's medical and dental care, school placement, and the parent with

which the children will be physically located during legal holidays, school holidays,

and other days of special importance. (H) If an appeal is taken from a decision of a court that grants or modifies a decree

allocating parental rights and responsibilities for the care of children, the court

of appeals shall give the case calendar priority and handle it expeditiously. (I)(1) Upon receipt of an order for active military service in the uniformed services, a

parent who is subject to an order allocating parental rights and responsibilities

or in relation to whom an action to allocate parental rights and responsibilities

is pending and who is ordered for active military service shall notify the other parent

who is subject to the order or in relation to whom the case is pending of the order

for active military service within three days of receiving the military service order. (2) On receipt of the notice described in division (I)(1) of this section, either parent

may apply to the court for a hearing to expedite an allocation or modification proceeding

so that the court can issue an order before the parent's active military service begins.  The application shall include the date on which the active military service begins. The court shall schedule a hearing upon receipt of the application and hold the hearing

not later than thirty days after receipt of the application, except that the court

shall give the case calendar priority and handle the case expeditiously if exigent

circumstances exist in the case. The court shall not modify a prior decree allocating parental rights and responsibilities

unless the court determines that there has been a change in circumstances of the child,

the child's residential parent, or either of the parents subject to a shared parenting

decree, and that modification is necessary to serve the best interest of the child.  The court shall not find past, present, or possible future active military service

in the uniformed services to constitute a change in circumstances justifying modification

of a prior decree pursuant to division (E) of this section.  The court shall make specific written findings of fact to support any modification

under this division. (3) Nothing in division (I) of this section shall prevent a court from issuing a temporary

order allocating or modifying parental rights and responsibilities for the duration

of the parent's active military service.  A temporary order shall specify whether the parent's active military service is

the basis of the order and shall provide for termination of the temporary order and

resumption of the prior order within ten days after receipt of notice pursuant to

division (I)(5) of this section, unless the other parent demonstrates that resumption

of the prior order is not in the child's best interest. (4) At the request of a parent who is ordered for active military service in the uniformed

services and who is a subject of a proceeding pertaining to a temporary order for

the allocation or modification of parental rights and responsibilities, the court

shall permit the parent to participate in the proceeding and present evidence by electronic

means, including communication by telephone, video, or internet to the extent permitted

by the rules of the supreme court of Ohio. (5) A parent who is ordered for active military service in the uniformed services and

who is a subject of a proceeding pertaining to the allocation or modification of parental

rights and responsibilities shall provide written notice to the court, child support

enforcement agency, and the other parent of the date of termination of the parent's

active military service not later than thirty days after the date on which the service

ends. (J) As used in this section: (1) “Abused child” has the same meaning as in section 2151.031 of the Revised Code . (2) “ Active military service ” means service by a member of the uniformed services in compliance with military

orders to report for combat operations, contingency operations, peacekeeping operations,

a remote tour of duty, or other active service for which the member is required to

report unaccompanied by any family member, including any period of illness, recovery

from injury, leave, or other lawful absence during that operation, duty, or service. (3) “Neglected child” has the same meaning as in section 2151.03 of the Revised Code . (4) “Sexually oriented offense” has the same meaning as in section 2950.01 of the Revised Code . (5) “ Uniformed services ” means the United States armed forces, the army national guard, and the air national

guard or any reserve component thereof, or the commissioned corps of the United States

public health service. (K) As used in the Revised Code, “ shared parenting ” means that the parents share, in the manner set forth in the plan for shared parenting

that is approved by the court under division (D)(1) and described in division (L)(6)

of this section, all or some of the aspects of physical and legal care of their children. (L) For purposes of the Revised Code: (1) A parent who is granted the care, custody, and control of a child under an order

that was issued pursuant to this section prior to April 11, 1991, and that does not

provide for shared parenting has “custody of the child” and “care, custody, and control

of the child” under the order, and is the “residential parent,” the “residential parent

and legal custodian,” or the “custodial parent” of the child under the order. (2) A parent who primarily is allocated the parental rights and responsibilities for

the care of a child and who is designated as the residential parent and legal custodian

of the child under an order that is issued pursuant to this section on or after April

11, 1991, and that does not provide for shared parenting has “custody of the child”

and “care, custody, and control of the child” under the order, and is the “residential

parent,” the “residential parent and legal custodian,” or the “custodial parent” of

the child under the order. (3) A parent who is not granted custody of a child under an order that was issued pursuant

to this section prior to April 11, 1991, and that does not provide for shared parenting

is the “parent who is not the residential parent,” the “parent who is not the residential

parent and legal custodian,” or the “noncustodial parent” of the child under the order. (4) A parent who is not primarily allocated the parental rights and responsibilities

for the care of a child and who is not designated as the residential parent and legal

custodian of the child under an order that is issued pursuant to this section on or

after April 11, 1991, and that does not provide for shared parenting is the “parent

who is not the residential parent,” the “parent who is not the residential parent

and legal custodian,” or the “noncustodial parent” of the child under the order. (5) Unless the context clearly requires otherwise, if an order is issued by a court pursuant

to this section and the order provides for shared parenting of a child, both parents

have “custody of the child” or “care, custody, and control of the child” under the

order, to the extent and in the manner specified in the order. (6) Unless the context clearly requires otherwise and except as otherwise provided in

the order, if an order is issued by a court pursuant to this section and the order

provides for shared parenting of a child, each parent, regardless of where the child

is physically located or with whom the child is residing at a particular point in

time, as specified in the order, is the “residential parent,” the “residential parent

and legal custodian,” or the “custodial parent” of the child. (7) Unless the context clearly requires otherwise and except as otherwise provided in

the order, a designation in the order of a parent as the residential parent for the

purpose of determining the school the child attends, as the custodial parent for purposes

of claiming the child as a dependent pursuant to section 152(e) of the “Internal Revenue

Code of 1986,” 100 Stat. 2085, 26 U.S.C.A. 1 , as amended, or as the residential parent for purposes of receiving public assistance

pursuant to division (A)(2) of this section, does not affect the designation pursuant

to division (L)(6) of this section of each parent as the “residential parent,” the

“residential parent and legal custodian,” or the “custodial parent” of the child. (M) The court shall require each parent of a child to file an affidavit attesting as

to whether the parent, and the members of the parent's household, have been convicted

of or pleaded guilty to any of the offenses identified in divisions (C) and (F)(1)(h)

of this section.