PLEASE TAKE NOTE: Counties change their local visitation schedules. The county you live in may have changed their rule(s) yesterday. The county you live in may have different visitation schedules for Juvenile Court and Domestic Court. The rule may have been changed or updated since the last time this web page was updated. In addition, if you already have a visitation schedule pursuant to local rule, and that schedule was attached to your parenting time orders, it is POSSIBLE that the court did not mean for YOUR visitation schedule to change if the local visitation schedule in your county changes. The local visitation schedules are put on this website as a courtesy and are updated as often as possible. They are NOT legal advice and they are NOT meant to help you figure out if a decision you are about to make would be a violation of an existing court order. If you want to make sure that you have the most current version of the local rule in your county, you can either look on your county Clerk of Court’s website, go to your local Clerk of Court’s office, or call your local Clerk of Court.
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If you know that the court in this county has implemented a new rule, PLEASE tell us by e-mailing us at firstname.lastname@example.org and we will update our website.
The office of the Clerk of Court cannot give you legal advice. This website, although prepared in part by attorneys, cannot and does not give you legal advice. You can only get legal advice by talking to an attorney of your choice about the facts of your case, and the law as it applies to the facts of your case.
If you understand the information you have just read and would like to see the most recent local rule visitation schedule we have on our website, see the information below:
Darke County – Jonathan P. Hein, Judge X Michael D. Mcclurg, Judge
|OPTION ONE||OPTION TWO|
|Weekends||WEEKENDS Alternating weekends from Friday at 5:30 p.m. till Sunday at 5:30 p.m. When Monday is a holiday for (lie visiting parent, visitation extends until 5:30 p.m. Monday||Same|
Even numbered holidays in even numbered years and
odd numbered holidays in odd numbered years, from
5:30 p.m. of the clay before the holiday until 8:00 p.m.
of the holiday.
|SPRING||Three (3) consecutive days during child’s spring vacation.*||Five (5) consecutive days during the child’s spring vacation.*|
|SIMMER||Fourteen (14) consecutive days during child’s summer vacation||Twenty‑eight (28) consecutive days during the child’s summer “vacation.”|
|WINTER||Odd numbered years: December 22 al 5:30 p.m. until December 25 at 11:30 am., or Hanukkah equivalent.||Same, but starts December 20th.|
|Even numbered years: December 25 at 1:00 p.m. until December 28 at 5:30 p.m., or Hanukkah equivalent.||Same, but extends until December 30th.|
|BIRTHDAYS||Three (3) hours visitation on the child’s birthday. If no agreement on time, then 4:30 p.m. until 7:30 p.m.||Same|
|MOTHER’S DAY/ FATHER’S DAY||Visitation with appropriate parent from Saturday at 5:30 p.m. until Sunday at 5:30 p.m.||Same|
|MIDWEEK||None||One (1) day each week from 4:45 p.m. until 7:45 p.m.|
* In Addition to scheduled weekend visitation “Includes scheduled weekend visitation
NOTE: On Options One and Two, children who are. twelve or older may choose to have the following flexibility pertaining to visitation, provided there is 45 days advance notice: (a) Spring visitation may be relinquished or may consist of either Option One or Two. (b) Summer visitation may be seven to forty‑two days in length. (c) 111 id‑Week visitation may be relinquished or may consist of either Option Two or overnight visitation provided visitation does not interfere with the child’s school attendance.
It is this Court’s policy to encourage liberal visitation and interaction between both parents and their minor children. Continuous discussion between parents regarding liberal visitation is encouraged. However, the Court realizes that, depending upon individual circumstances, agreement is not always possible. Therefore, in cases where visitation is in dispute, the Court offers two (2) options in order to provide parents and children with choices of visitation schedules that may be appropriate to their circumstances. In order to eliminate disputes and facilitate visitation, the following visitation procedures apply to both options:
- The non-residential parent must request beginning and ending spring and summer visitation dates, in writing, a minimum of forty-five (d5) days in advance. Neither the spring nor the summer visitation shall interfere in any way with the child’s kindergarten through grade twelve school schedule.
- There will he times when visitation must be adjusted for the accommodation or illness of either parent or child. The parent requesting the adjustment shall inform the other parent at the earliest possible time of the need for an adjustment and both parents should arrange an equivalent amount of time to replace the adjusted visitation.
- If the non‑residential parent chooses to relinquish a scheduled visitation, he/she shall notify the residential parent at the earliest possible time. Except in rare emergency situations, the non-residential parent shall notify the residential parent of his/her intent to relinquish visitation not less than seven (7) days in advance.
- Should the non-residential parent be more than thirty (30) minutes late for a visitation without prior notification to the residential parent, visitation for that period shall be forfeited unless the residential parent does not object.
- At times, either parent may be scheduled to have the children for a holiday concurrent with the other parent’s scheduled weekend. If the parents cannot resolve the conflict, the following guidelines shall be used: The parent scheduled to be with the child on Christmas (Eve or Day), Hanukkah, or Easter/Passover shall have the child at that time, superseding the weekend schedule. All other holidays (Martin Luther King Day, Memorial Day, July 4th, Labor Day, Thanksgiving), shall be governed by the holiday visitation schedule provided under each option, superseding the weekend schedule.
- The residential parent is encouraged to agree to visitation in addition to the scheduled times, if the non‑residential parent so desires. The parents’ cooperation is encouraged in this respect as children generally need contact and communication with both parents.
- A child’s residence shall not be removed from the State of Ohio without the Court’s review of parental rights and responsibilities.
what happens when the father lives in the same state but lives 2 1/2 hours from the mother and child
If a residential parent wants to move out of state, what actions do they have to take in Darke County Ohio? And can the court/non-residential parent be denied the ability to move?