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Five Things You Need to Know About Visitation in Ohio by an Ohio Visitation Lawyer

September 26, 2013

Virginia Cornwell is an Ohio Visitation Lawyer and a OSBA Certified Family Relations Specialist.  

OHIO VISITATION LAWYER1.  In Ohio, visitation is a privilege, not an obligation.  What that means is when a person has a visitation order (now called parenting time), there is no penalty for failing to exercise parenting time.  To break it down even more, unless there are specific provisions in the parenting time order mandating that all parenting time be exercised (rare), then a person cannot be in contempt for failing to exercise his or her visitation (parenting time or companionship time).  Unfortunately, a person can just skip his or her visitation and not get in trouble from the court.

However, if a person has a pattern of acting in this way, courts are often willing to put a provision in the parenting time order that he or she must call a designated period of time in advance to confirm the he/she will be exercising the visitation (parenting time).  Some courts will go so far as to say that if three visitations in a row are missed visitation is terminated until further order of the court.  These provisions are rarely included in the initial order.  Instead they are usually inserted after the party who is being inconvenienced by the missed visitation brings the issue in front of the court by filing a post-decree motion.

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OHIO VISITATION LAWYER2.  Visitation, it’s not just for parents anymore.  The Ohio revised code provides for visitation for persons who are related to a child by “affinity or consanguinity”.  In other words, people who are close to a child by nature of their relationship with the child or by their blood ties to the child may petition a court for visitation.  See ORC 3109.11, ORC 3109.12 and ORC 3109.051.

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OHIO VISITATION LAWYER3.  Unmarried fathers need to establish paternity before they can even ask for visitation.  If a father is already paying court ordered or CSEA ordered child support then paternity has been established.  For more information on establishing paternity in Ohio, take a look at this article by an Ohio Paternity Lawyer.

4.  Almost every county in Ohio has a suggested visitation schedule for parents.  The visitation schedule is for the parent who is NOT the primary caregiver for the child.  The visitation is not something the court MUST order, and is not what the court ALWAYS orders, it is just a guideline.   Most important, the local rule visitation schedule does not apply until a Judge or Magistrate has ordered it in your case.  If you have a visitation order and it is not exactly the same as the local rule, then you have to abide by the terms of the order.  The schedule is usually found in the local court rules (possibly in separate courts for married and unmarried parents.  Copies of many of Ohio’s local rule visitation schedules can be found on our website, however, it is up to the reader to make sure that they are looking at the MOST CURRENT SCHEDULE before relying on the schedule.

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OHIO VISITATION LAWYER5.  Visitation is modifiable until the child turns 18 years old.  Even better, unlike custody, which is difficult (but not impossible) to change, the legal standard for changing visitation is “best interest of the child”.  That means that if you can show the court that the schedule you are proposing is best for the child, and the court agrees, the court can change your visitation schedule.  To learn more about how the court decides whether a certain schedule is in the best interest of the child, see Ohio Revised Code 3109.051.  After January 1, 2014, use this version of 3109.051.

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READ THIS BEFORE YOU READ OUR WEB SITE

1. This site applies to the state of Ohio and matters of federal law only.
2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.
3. Reading this website or sending documents to us does not create an attorney-client relationship and information or documents you give us will not be kept confidential unless you call us, tell us who is involved in your case, and let us do a conflict of interest check.

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  • Columbus Ohio Divorce Lawyer

Read this before you read our website

1. This site applies to the state of Ohio and matters of federal law only.

2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.

3. Reading this website or sending documents to us does not create an attorney-client relationship and information or documents you give us will not be kept confidential unless you call us, tell us who is involved in your case, and let us do a conflict of interest check.

AREAS OF PRACTICE

  • Annulment of Marriage
  • Appeals
  • CERTIFIED SPECIALIST – OSBA Certified Family Relations Specialist
  • Child Support
  • Columbus Ohio Collaborative Family Law
  • Contempt of Court
  • Custody
  • Dissolution of Marriage
  • Divorce
  • Divorce & Alimony
  • Divorce & Assets
  • Divorce & Business Owners
  • Divorce & Child Support
  • Divorce & Custody
  • Divorce & Professional or Medical Practice Owners
  • Family Law
  • Father's Rights
  • Franklin County & 88 Ohio Counties
  • Grandparents Rights
  • Legal Separation
  • LGBT Family Law, Divorce, Custody
  • Military Divorce
  • Mother's Rights
  • Moving & Relocation
  • Ohio Collaborative Divorce
  • Parental Alienation
  • Paternity
  • Post-Decree Modifications
  • Prenuptial & Antenuptial Agreements (Prenup)
  • Shared Parenting
  • Temporary Orders in Ohio
  • Uncontested Divorce
  • Unmarried & Never Married Parents
  • Visitation
(614) 225-9316

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  • Appealing Your Ohio Family Law Judgment Entry
  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
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  • Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

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From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Gahanna, Bexley, Blacklick, Columbus, Dublin, Hilliard, Lancaster, Westerville, New Albany, Pickerington, Powell, Upper Arlington, Worthington, Lancaster, Franklin County, Fairfield County and more. In addition, we serve clients in several Ohio Counties, including, but not limited to: Franklin County, Delaware County, Licking County, and Fairfield County.

Ohio State Bar Association Certified Family Relations Specialist

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  • Adoption (4)
  • Alimony or Spousal Support (3)
  • Annulment (5)
  • Appeals (3)
  • Child Custody (39)
  • Child Support (15)
  • Civil Protection Orders & Domestic Violence (3)
  • Collaborative Divorce (1)
  • Contempt & Enforcement (12)
  • Dissolution , Amicable Divorce, No Fault Divorce (15)
  • Divorce (45)
  • Emergency Custody and Supervised Visitation (3)
  • Father's Rights and Paternity (12)
  • Grandparents Rights in Ohio (14)
  • Guardian ad Litem (3)
  • High Asset Divorce (2)
  • Interstate Family Law (2)
  • Jurisdiction and Venue (6)
  • Legal Separation (5)
  • LGBT Family Law (6)
  • Mediation (1)
  • Military Family Law (3)
  • Mothers' Rights (2)
  • Moving and Relocation (10)
  • Ohio County Visitation Schedules (86)
  • Parental Alienation (2)
  • Post Decree Cases (6)
  • Prenuptial Agreements or Antenuptial Agreements (3)
  • Psychological Evaluations (2)
  • Shared Parenting (2)
  • Step-Parent Adoption (1)
  • Tax Issues (1)
  • Temporary Orders (5)
  • Uncategorized (14)
  • Uncontested Divorce (2)
  • Unmarried Parents (6)
  • Visitation (6)

Recent Posts:

  • Appealing Your Ohio Family Law Judgment Entry
  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
  • Columbus Ohio Same Sex Divorce Lawyer & Prenuptial Agreement Lawyer
  • Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Bexley, Blacklick, Columbus, Delaware, Dublin, Gahanna, Hilliard, Lancaster, Marysville, Westerville, New Albany, Newark, Pickerington, Plain City, Powell, Upper Arlington, Worthington, Lancaster, Zanesville and more. In addition, we serve clients in all Ohio Counties, including, but not limited to: Franklin County, Delaware, Licking, Logan, Fairfield, Union, Marion, Muskingum, Pickaway, Ross, Richland, Madison, Morrow, Knox, and more.

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Law Offices of Virginia C. Cornwell
408 Emory St
Columbus , OH , 43230
(614) 225-9316
Latitude: 40.00734
Longitude: -82.84535