Ohio - A major overhaul to Ohio's child custody process has passed the Ohio Senate and is headed to the House, with supporters and opponents divided over how much power the proposal gives judges.

Senate Bill 174 would start most custody cases assuming both parents share equal responsibility, unless the court finds another arrangement better serves the child.

Supporters said the bill modernizes outdated custody rules, increases judicial accountability and reduces bias in decisions about which parent children live with.

Groups backing the bill include the Ohio Domestic Violence Network and the Ohio State Bar Association, among others.

Lisa DeGeeter, senior director for policy and prevention at the Ohio Domestic Violence Network, said the measure is designed to add structure and transparency to how judges make custody decisions.

"It gets rid of a lot of gender bias, because moms are not necessarily better parents. Dads are not necessarily better parents," DeGeeter said, "It's very family and fact specific." 

She said the bill also aims to better align how different courts handle safety concerns in domestic violence and child abuse cases, so that protective parents are not punished for trying to keep themselves and their children safe.

But parents' rights advocates strongly disagree, arguing the bill expands judicial authority instead of limiting it.

They worry judges could override parenting decisions and interfere in routine family situations, creating unnecessary legal battles that pull parents back into court.

Elizabeth McNeese, Ohio chair of the National Parents Organization, called SB 174 a step in the wrong direction.

"Senate Bill 174 is the counter effort to all of those efforts to reform courts, and what it does is it doubles down on the current standards the best interest of the child standards," McNeese said, "which is what they're using right now, and expands the court's authority to decide what to do, to include overruling the judgment of fit parents." 

She said she fears the proposal could invite government overreach into everyday family choices.

"If it is up to the court to make everyday parenting decisions on behalf of a child, that is government overreach," McNeese said.

The bill passed the Senate with bipartisan support and will now be debated in the Ohio House, where lawmakers are expected to take additional testimony before deciding whether to send it to the governor.