Columbus Ohio Family Law Attorneys

Law Offices of Virginia C. Cornwell

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Archives for July 2008

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Can I just sign away my rights to my child?

July 17, 2008

COLUMBUS PARENTAL RIGHTS ATTORNEYA Columbus Family Law Attorney article about signing away your rights to your child.

In Ohio, usually when people ask this question, what they mean is – if I agree not to be a part of my child’s life will I have to pay child support?  In Ohio, visitation, or parenting time, is a privilege, not a right.  Support, on the other hand, is an obligation.  Both visitation and child support are modifiable until the child reaches majority, or until the parent’s rights are terminated by either an adoption or a children’s services type of proceeding terminating parental rights.  Another way of putting it is this – if a person wants to walk away from their child, a court may agree that it is in the child’s best interest not to have contact with that parent, but that does not relieve the parent from the obligation to support their child.  Nothing but a termination of parental rights via adoption or children’s services case will eliminate the possibility that a zero child support order may be modified in the future.

CALL NOW  at (614) 225-9316 or contact us by e-mail.

COLUMBUS ATTORNEY SIGN AWAY RIGHTSUntil recently, Ohio courts generally held that child support was not modifiable retroactively.  In some situations where a parent has failed to pay child support for years and had an enormous child support arrearage, the parent with the child support arrearage sometimes would offer to “sign away their rights” if the custodial parent would agree to “get rid of” the child support arrearage.  Sometimes this offer was attractive to the custodial parent, but Ohio courts maintained that the Ohio Revised Code does not allow retroactive modification of child support.  On December 11, 2008, the Ohio Supreme Court, in the case Byrd v. Knuckles, decided that a court MAY, but is NOT REQUIRED TO, accept an agreement of the parents to terminate a child support arrearage. To learn more about the Byrd v. Knuckles case and retroactive modification of child support, click here.

CALL NOW  at (614) 225-9316 or contact us by e-mail.

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How much child support will I owe?

July 17, 2008

A Columbus Child Support Lawyer article about how much your Ohio child support will be.

COLUMBUS OHIO CHILD SUPPORT ATTORNEYSThis is a common question, and for good reason.  Ohio child support guidelines are a mystery to most people.  Lawyers use software programs to calculate child support.  There are some free resources on the Internet that claim to calculate child support for every state.  They may or may not be accurate, but it is worth a try.  Many of them simply point you to the pen and pencil formula that is set out in the Ohio Revised Code – hit the “more” button to view a copy of the work sheet used to calculate Ohio child support for shared parenting or sole residential parent cases.  If you still find yourself scratching your head, you can look at the basic child support schedule set out in the Ohio Revised Code by pressing the “more” button again at the bottom of the worksheet.  If you still are not able to figure out what your child support will be, you are probably starting to understand why lawyers use software to do it.

Click here to access ORC 3119.021, Ohio’s basic child support schedule.

Click here to access the most current version of ORC 3119.022, Ohio’s Child Support Guidelines Worksheet.

Click here to access the most current version of ORC 3119.

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Can I just get a packet of free divorce, dissolution, visitation or custody forms? Do I need a lawyer?

July 16, 2008

COLUMBUS OHIO FAMILY LAW LAWYERMany times people find themselves asking these questions.  At a minimum, you need to do some research.  Now that the internet has become an integral part of our lives, there is information available to a regular joe that we never had access to before.  Look around on the internet, get some information, and then ask yourself this question- If I’m wrong about this, can I live with the consequences?

CALL NOW  at (614) 225-9316 or contact us by e-mail.

COLUMBUS FAMILY LAW LAWYERHindsight is always 20/20, but generally, the law expects us to live with the consequences of the agreements we make, for better or for worse.  Many times people sign forms from divorce or custody “packets” without the advice of a lawyer, reasoning that they can always go back to court later if they need to.  Unfortunately, people are sometimes shocked to find that they gave their ex-spouse or significant other sole custody of the children when they thought they were receiving shared parenting.  In the law, the WRITTEN words matter.   In addition, the law places the burden of understanding the legal meaning of the documents on the person who signs them.   The more you have to lose, the less you can afford to take chances.

You are rarely required to have a lawyer.  Generally, you are free to represent yourself in court.  In addition, you don’t always need a lawyer.  There are many things in family law that you can do without a lawyer.  For example, you do not need a lawyer to get a marriage license.  Most of the time, you do not need a lawyer to change your name.  You don’t need a lawyer to file for a protection order if you are a victim of domestic violence.  Many people are able to handle their legal matter to their satisfaction without an attorney.

If you are not sure if you need an attorney, consider arranging a consultation.  Remember, a consultation does not mean that you are agreeing to hire a lawyer.  It means that you are paying for a block of an attorney‘s time in order to ask questions and receive information about the law.  Some attorneys offer free consultations, many do not.  What is most important is the quality of information you receive during your consultation.  A consultation is not simply an “audition” for the lawyer.  You are entitled to receive information and answers during that consultation, even if you cannot afford to hire a lawyer.  The information you receive during this consultation will help you make some very important decisions.

CALL NOW  at (614) 225-9316 or contact us by e-mail.

COLUMBUS FAMILY LAW ATTORNEYYour time is valuable.  If you are going to take the time to meet with an attorney, you want to get all you can from that time.  Make a list of questions you would like to ask or topics you would like to discuss.  Take the time to take notes.  If you have previous court or administrative orders that in any way might relate to your case, bring a copy with you to the consultation.  Otherwise, the advice you receive may be useless because the attorney was not able to review your current court orders.  If you don’t have a copy of your court order, you can get one from the clerk of court in the county in which your orders were issued, or from the agency that issued the orders.  You will be receiving a lot of information in a short period of time, and you want to remember it all.

CALL NOW  at (614) 225-9316 or contact us by e-mail.

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Wood County, Ohio Model Schedule for Visitation Rights

July 11, 2008

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.

Click here to get a list of phone numbers for the Clerk of Court in your county.

If you know that the court in this county has implemented a new rule, PLEASE tell us by e-mailing us at info@cornwell-law.com 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:

Wood County Local Parenting Time Schedule


Parenting time is a time for children to enjoy the companionship of the non-residential parent. Parents can effectively use this time by spending time with their children, developing a hobby, teaching them skills and helping them meet friends in the neighborhood.

If a child indicates a strong opposition to being with the other parent, it is the

responsibility of each parent to appropriately deal with the situation, by calmly talking to the child as to the child’s reasons, to work with the other parent to do what is in the child’s best interests, and particularly to avoid confrontation or unpleasant scenes. If the matter is not settled, either parent should seek the immediate assistance of a mental health professional or file a motion with the court. As uncomfortable as this issue may be for a parent, this issue shoal not go unresolved. IT IS THE ABSOLUTE AFFIRMATIVE DUTY OF THE RESIDENTIAL PARENT TO M 1$E Certain THAT HIS O, R HER, CHILD GOES FOR THE PARENTING TIME PERIOD

Liberal time sharing arrangements are encouraged, as contact with both parents is important to the children. The parent with whom the children live will encourage and be supportive of the parenting schedule. Specific items in the Judgment Entry take precedence over this schedule. Changes or modifications can be made by the court if necessary.

PARENTING TIME BETWEEN THE CHILDREN AND THE NON-RESIDENTIAL PARENT SHALL TAKE PLACE AT SUCH TIMES AND PLACES AS THE PARTIES AGREE, BUT WILL NOT NORMALLY BE LESS THAN:

1. WEEKENDS: Beginning _, ,,~o ,‑,alternate weekends from Friday at 6:0o p.m. until Sunday at 6:0o p.m. This alternating weekend schedule shall not change, even if interrupted by holiday and birthday, summer and/or vacation parenting time.

2. WEEKDAY: Wednesday from 5:0o p.m. to 9:0o p.m. (8:go p.m. for children under 8).

3. HOLIDAYS AND BIRTHDAYS:

Holiday Even Years Odd Years Days and Times – As Agreed or as follows:
MLK Day Mother Father 6 pm Sunday to 6 pm Monday
President’s Day Father Mother 6 pm Sunday to 6 pm Monday
Easter Sunday Mother Father 9 am to 6 pm
Spring Break Mother Father 6 pm day school ends‑6 pm day
before school begins
Memorial Day Father Mother 6 pm Sunday to 6 pm Monday
Fourth of July Mother Father 6 pm July 3rd to 6 pm July 4th
Labor Day Father Mother 6 pm Sunday to 6 pm Monday
Thanksgiving Mother Father 6 pm Wednesday to 6 pm
Thursday
Christmas Eve Father Mother 6 pm December 23rd to g pm
December 24th
Christmas Day Mother Father 9 pm December 24th to g December 25th pm
Christmas Break(First Half) Father Mother Divide into equal number of days based upon theschedule of the school district within which the children reside regardless of the age of the children.
Christmas Break(Second Half) Mother Father

a. The alternating weekend visitation shall be interrupted as a consequence of the holiday schedule, i.e., the spring break schedule and the Christmas break schedule.

b. Mother’s Day and Father’s Day are to be spent with the appropriate parent from 9:00 a.m. to 7:00 P.m.

c. The children’s birthdays will be spent with mother in even years and father in odd years. Siblings should attend birthday events. Times are according to the child’s availability or 10:00 a.m. to 7:00 p.m. for a birthday falling on a weekend day or 5:00 p.m. to 9‑.00 p.m. for a birthday falling on a weekday.

d. Holidays take precedence over other parenting time.

4. EXTRACURRICULAR ACTIVITIES: Regardless of the parenting time schedule the children’s participation in extracurricular activities, school‑related or otherwise, shall continue uninterrupted. It shall be the responsibility of the parent in physical possession at the time of the activity to provide the physical and/or cost of transportation to these activities. The residential parent shall timely provide the other parent with notice of all extracurricular activities, school related or otherwise, in which the children participate, schedules of all extracurricular activities and the name of the activity leader (including address and telephone number if reasonably available).

Scheduled parenting time periods shall not be delayed or denied because a child has other scheduled activities (routine appointments, with friend, work, lessons, sports, etc.) If the activities are regularly scheduled and are not emergencies, they should be agreed upon in advance. Both parents are encouraged to attend all child(ren)s activities and each parent is entitled by law to equal access to the student activities of their child(ren), unless limited by court order.

5. WAITING: The children and the residential parent have no duty to await the visiting parent for more than 15 minutes after the scheduled visitation time. A parent who is late forfeits parenting time for that period, unless other arrangements are made.

6. CANCELLATION BY NON-RESIDENTIAL PARENT: The non-residential parent must give 24-hour advance notice of intent NOT to exercise parenting time. Unless prior arrangements are made, a parent who does not exercise the parenting time forfeits that time. Failure to exercise scheduled time is upsetting to the child(ren). A parent who continually fails to exercise this right may have parenting time modified and may be subject to other legal remedies by motion of the other parent.

y. ILLNESS: If a child is ill, requiring medication or consultation with a doctor/dentist, each parent must notify the other as soon as possible. If the child becomes ill while with the residential parent prior to a scheduled parenting time period, the parent must contact the other parent and discuss the advisability of parenting time while considering the best interest of the child as the primary concern.

If the parents agree that there will be parenting time, the residential parent must provide written instructions and sufficient medication for the parenting time period. The non‑residential parent shall notify the other parent if the child’s condition worsens or does not improve as expected.

If one child is ill and does not enjoy the parenting time period, other children shall enjoy their regularly scheduled parenting time period.

The non-residential parent shall seek emergency treatment if necessary for the children) during his/her period of parenting time.

The residential parent shall communicate, in writing, any allergic or chronic condition of the minor child(ren), together with the medication and recommended treatment.

8. SUMMER: Five weeks of parenting time each year. The non‑residential parent shall give the residential parent written notice of summer parenting time plans prior to April 1 of each year. The non‑residential parent has priority of choice for summer parenting time dates if notice is given as required. If notice is not given by April 1, the residential parent has priority in scheduling any summer vacation plans. During summer parenting time, the residential parent receives weekday parenting time as enjoyed by the non‑residential parent during the rest of the year. The alternating weekends are to continue without interruption.

If summer school is necessary for the child to pass to the next grade, both parents shall ensure that it is completed.

As part of his/her summer parenting time, each parent may arrange an uninterrupted vacation of two weeks with the child(ren). The parent who leaves town shall provide a general itinerary to the other parent, including dates, locations, addresses and telephone numbers.

9. MOVING: Either parent must notify the other in writing at least 3o days in advance of his/her intent to change residence. Each parent shall provide a current address and telephone number to the other parent at all times. If the parties move more than 150 miles apart, unless the parties agree otherwise, each shall comply with the Long Distance Parenting Time Schedule without further order of the court.

10 ACCESS TO RECORDS: Both parents shall have access to all educational, medical, dental, optometric, psychiatric and psychological records of the minor children) and may consult with any educators, treating physician, dentist or other health care provider to the children, subject to any specific limitations set forth in the court order. The residential parent shall list the nonresidential parent as a parent on all required forms. Upon request of the non‑residential parent, the residential parent shall immediately take whatever action is required to assist the nonresidential parent in gaining access to all records of the minor child(ren).

11. OTHER ACCESS: The child(ren) must be allowed to communicate by telephone with both parents, a minimum of once per week. In addition, the parties may agree to allow email access to both parents.

12. CLOTHING: The residential parent is responsible to provide sufficient appropriate clean clothing for every parenting time period. The non‑residential parent shall return all items sent with the child. If there is a need for special clothing needs, the non‑residential parent must notify the residential parent at least 2 days in advance of the parenting time.

13. TRANSPORTATION: It is the Court’s intent that each parent provide half of the transportation. The parent who receives the child(ren) shall be responsible to transport the child(ren). The person who transports shall be a licensed, insured driver, shall not be under the influence of alcohol or drugs and shall follow all traffic laws, including child restraint and seat belt laws.

14. COMMUNICATION BETWEEN PARENTS: It is the parent’s responsibility, not the child(ren), to make all parenting time arrangements. Neither parent should communicate with a child about the issue of parenting time, or future events or activities which conflict with the other parent’s scheduled time. It is not the child’s responsibility to mediate or become involved in parental differences over parenting times, dates or activities. If the parties are unable to communicate with each other, they may use other adults to make parenting time arrangements. The best solution is to seek professional help to improve their ability to communicate for the best interest of their child(ren).

15. DISCIPLINE: It is presumed that the parents will use consistent discipline between the households and will communicate with each other concerning the need for discipline of the child(ren). If the parents disagree over the appropriate discipline or solutions to the child(ren)’s behavior, they should seek the help of a professional. Examples of concern are decline in grades, truancy problems, delinquency, or drastic changes in behavior.

16. NON-COMPLIANCE: Any of the rights or responsibilities outlined in this schedule may be enforced by the Court after the filing of the appropriate motion of either party. A parent may not withhold parenting rights because the other party does not obey a court order.

A parent who willfully fails to comply with this schedule may be found guilty of contempt of court, the penalty for which is a fine not to exceed $250.00, and a jail sentence not to exceed 30 days for each separate act of contempt. The Court may also assess attorney fees, court costs, transportation cost and make‑up parenting time in addition to any other remedy at law. Failure to obey court orders may also be the basis for a reallocation of parental rights.

17. TEENAGERS: A regular routine of parenting time may become more difficult as a child ages, has more outside activities, drives, dates, works and spends time with friends, as the parents allow a young adult more freedom of choice generally. The parents need to respect their teenager opting to spend more time with friends or in organized activities and less time with each parent. It is advisable to consider the teenager’s wishes within limits and to allow maximum flexibility.

18. MISCELLANEOUS: Curb-Side Exchange ‑ A legal term written into a court order if necessary. This prohibits the parent from entering upon the property of the other parent for exchange of the children. The residential parent remains in the home while the other parent remains in the car and there is no communication between the parents. The parent who is picking up the child(ren) is to park in front of the home at the scheduled time and honk the horn once to notify the other parent to send the child(ren) to the car.

19. This schedule may not be appropriate for children under the age of S and the parties may wish to substitute shorter, more frequent periods of parenting time with children of that age.

LONG DISTANCE PARENTING SCHEDULE

The provisions of the Local Parenting Time Schedule will apply, unless modified by the following paragraphs. Although frequent contact is recommended, distance and cost of transportation may prohibit implementing the local schedule. The parties are encouraged to agree to a schedule that is convenient and workable for the parents and the child. In the absence of agreement, parenting time for the non‑residential parent will NOT BE LESS THAN the following:

1. WEEKENDS: Once per month if the travel time one way is less than 3 hours. The non‑residential parent shall notify the other parent as soon as possible and not less than 10 days in advance.

2. WEEKDAYS: There will be no weekday parenting time, unless the parent is in the child’s vicinity. The non‑residential parent has the responsibility to notify the residential parent at least two days in advance when (s)he will be in the area and the residential parent shall allow reasonable parenting time.

3. HOLIDAYS AND BIRTHDAYS: For the holidays that create a 3 day weekend, the non‑residential parent shall have parenting time from Friday to Monday when the holiday is their scheduled holiday. In addition, if there is an extended weekend as a result of a school conference, the non‑residential may exercise parenting time for the weekend.  During the even numbered years, the non‑residential parent shall have the entire Christmas break for school age children. For preschoolers, the non-residential parent shall have up to 5 days during the Christmas break.  The non-residential parent shall be entitled to any days afforded him/her‑ under the schedule so long as arrangements can be made at his/her expense.

5. WAITING: The children and the residential parent have no duty to await the nonresidential parent for more than 30 minutes after the scheduled parenting time, unless there is an emergency and advance notice is reasonably given.

6. SUMMER: One-half of the school vacation. The residential parent shall notify the non‑residential parent of the vacation dates by March 15. The non-residential parent then has the responsibility to notify the residential parent of their intentions by April 15.

a. If the parents do not communicate in advance, the non‑residential parents shall enjoy the first half of the summer in even numbered years and the second half of the summer in odd numbered years.

b. The parents are reminded that summer vacation shall be arranged to allow summer school for the child if it is necessary for the child to be promoted to the next grade.

COSTS OF TRANSPORTATION shall be considered at the time of final hearing based on all the circumstances of the case and shall be set forth in the Judgment Entry. In the absence of agreement or a decision, the costs shall be divided based on the percentages of income as set forth in the child support worksheet.

Magistrate Thomas J. Bamburowski Judge Alan R. Mayberry
Magistrate Pamela A. Heringhaus Judge Reeve Kelsey
Judge Robert C. Pollex
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Washington County, Ohio Standard Visitation Schedule

July 11, 2008

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.

Click here to get a list of phone numbers for the Clerk of Court in your county.

If you know that the court in this county has implemented a new rule, PLEASE tell us by e-mailing us at info@cornwell-law.com 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:

Washington County Policy 3 Visitation


Unless otherwise specifically agreed by the parties or ordered by the Court the following shall govern the rights and responsibilities of parents or minor children.

3.01 Parental Access to Day Care, School, and Medical and Other Information, Facilities and Activities.

3.01(A) Day Care and School Information

The Residential Parent shall take the necessary action with day care providers, school authorities or the school or schools where the child is enrolled to:

1. List the Non-Residential parent as the parent of the child.

2. Authorize the school or day care to release to the Non-Residential parent any and all information concerning the child.

3. Insure that the non-Residential Parent receives copies of any notices concerning the child.

3.01(B) Meetings and Activities

The Residential Parent shall promptly transmit to the Non-Residential Parent any information received concerning meetings between the parent and the teacher or day care provider, school club meetings, school programs, athletic schedules and any school or day care activities in which the child may be engaged or interested.

3.01(C) Grade and Progress Reports

The Residential Parent shall promptly, after receiving the same, furnish to the Non-Residential Parent a photocopy of the child’s grades or reports, or copies of any report concerning the child’s status or progress.

3.01(D) Parent Teacher Conferences

The Residential Parent shall, when possible, arrange appointments for parent-teacher or other like conferences at a time when the non-residential Parent can be present.  Whenever possible such conferences shall be attended by both parents.

3.01(E) Notification and consultation—Injury or Illness

The Residential Parent shall promptly inform the Non-Residential Parent of an illness of the child which requires medical attention.  Elective surgery shall only be performed after consultation with or a good faith effort to contact and consult with the Non-Residential Parent.  Emergency surgery necessary for the of life or to prevent further serious injury or condition shall be performed without consultation, provided however, if time permits, the Non-Residential Parent shall be consulted and in any event the Non-Residential Parent shall be informed as soon as possible.

The Non-Residential Parent shall have access to medical information on the child to the same extent as the Residential Parent.

3.01(F) Communication

The Residential Parent shall encourage frequent communication between the child and the Non-Residential Parent.  The Residential Parent may reasonably limit long distance calls charged to the Residential Parent’s account.  The mail between the child and the Non-Residential Parent shall be strictly confidential between them and shall not be opened or read by the other parent.  This rule applies equally to the Non-Residential Parent when the child is on extended visitation with the Non-Residential Parent.

Neither parent shall listen in or otherwise monitor phone conversations between the other parent and the child.

3.01(G) Criticism

Both parents shall refrain from criticizing the other parent in the presence of the children.

3.01(H) Religious Practice

Neither parent shall attempt to modify the religious practices of the child without first having consulted each other.

3.01(I) Extracurricular and School Activities

The Non-Residential Parent may attend and have contact with the child at any school or day care event, athletic or other activity to the extent the Residential Parent may do so.

3.02 tandard and Long Distance Visitation Rights of Non-Residential Parent

Absent a showing that the following would not be in the child’s best interest, or unless otherwise agreed to by the parties, this schedule shall apply to all children.

The STANDARD VISITATION RULES shall apply to parents who live in Washington County, Ohio, and to those who live outside Washington County, Ohio, but not more than three hours apart (one way).  Where one or both parents live outside of Washington County, Ohio, and the parents live more than one hour apart (one way) the Non-Residential Parent may elect to have visitation under the Long Distance Visitation Rules and not under the Rules of Standard Visitation.

The LONG DISTANCE VISITATION RULES shall apply where one or both parents live outside of Washington County, Ohio, and the parties live more than three hours apart (one way).  The LONG DISTANCE VISITATION RULES also apply at the choice of the Non-Residential Parent where the one of both parents live outside Washington County, Ohio, and they live more than one hour apart (one way)

Visitation does not mean picking the children up and then leaving them with someone else, except that visitation with grandparents or other family members with or without the presence of the Non-Residential Parent shall be permitted so long as it is reasonable under the circumstances and is done at times during which the Non-Residential Parent is permitted visitation under these rules.

3.02(A) Standard Visitation

(A)(1) Children Under Two Years of Age

Children younger than two shall visit in the home of the Non-Residential Parent with the Non-Residential Parent one day per week from 9:00 a.m. to 7:00 p.m.  This visitation shall alternate Saturday and Sunday unless otherwise agreed by the parties.  If the parties live less than 30 miles apart, the Non-Residential Parent shall also have visitation from 5:30 p.m. to 8:30 p.m. one evening per week.  Unless the parties otherwise agree, this visitation shall occur on Wednesday evening.  All transportation shall be the responsibility of the Non-Residential Parent.

(A)(2) Children Two Years of Age and Older

The following Standard Rights of Visitation shall apply:

a. Weekend.

The Non-Residential Parent is granted visitation with the minor children every other weekend from Friday at 6:00 p.m. to Sunday at 6:00 p.m.  The beginning and ending times may be varied to accommodate the parties work schedules and travel times.  It is the responsibility of the Non-Residential Parent during visitation to the extent possible to provide or arrange transportation to school events, sports practice and games, and lessons and other activities normally attended by the children.

b. Mid-Week.

Where parents live in the same school district, or in different district but less than 30 miles apart, then the Non-Residential Parent shall have visitation one evening/night during the week.  During the school year this visitation shall commence immediately after the school to 8:30 p.m. for children in elementary and Junior High or Middle School and overnight for children in Senior High School.

Transportation to the home of the Non-Residential Parent where the children are in school, to the extent permitted by the school, may be by bus to the home of the Non-Residential Parent if the Non-Residential Parent so chooses.  If the Non-Residential Parent elects to pick children up, the Non-Residential Parent may collect the children either from school, day care or the home of the Residential Parent.  If the children are being picked up by the Non-Residential Parent from the home of the Residential Parent the visitation will start at 5:30 p.m.

Preschoolers, Elementary Students, and Junior High or Middle School Students shall be returned to the home of the Residential Parent, bathed and ready for bed, if the standard bed time so indicates, and with homework completed.

If High School Students do not spend the night they shall be returned to the home of the Residential Parent by 9:30 p.m. with homework completed.  Senior High Students who do spend the night may return to school on the following day by bus if permitted by the school, otherwise they shall be delivered either to the home of the Residential Parent or to the School in a timely fashion by the Non-Residential Parent.

Midweek Visitation may be overnight with all children (preschool, elementary, Junior High, Middle School and High School) during the summer vacation.  Such summer midweek visitation shall commence at 5:30 p.m.  In the morning it shall be the responsibility of the Non-Residential Parent to return the children timely to the home of the Residential Parent or to the day care provided by the Residential Parent.  If the parents are unable to agree on a day for such visitation the visitation shall be on Wednesday.

c. Holidays.

Visitation, except Christmas, shall be alternated as to each holiday and each year.  The Mother shall have the children on Mother’s Day; the Father shall have the children on Father’s Day.  The children’s birthdays are to be shared or alternated by the parties.  Visitation for holidays, except Christmas, that occur on a weekend or which are part of a three day weekend shall be for the entire weekend.

Christmas school vacation shall be divided so that each parent has the opportunity to celebrate the Christmas holiday with the child.  If the parents are unable to agree on a division, one half of the school bread shall be spent with each parent, provided further that the children shall spend Christmas Eve from noon to midnight with one parent and Christmas Day from Midnight of Christmas Eve to 10:30 p.m. with the other.  The parents shall alternate first and second half of Christmas School vacation each year and shall alternate Christmas Eve and Christmas Day each year.  If the parents do not otherwise agree, New Year’s Day and New Year’s Eve shall be spent with the parent who has the second half of the School break.

In the event the parties are members of a religious group that does not celebrate Christmas, the provisions related to Christmas Eve and Christmas Day shall not apply, but the parents shall divide or alternate their major religious celebration days, and each shall be entitled to have the children for one half of the Christmas School break.

The following are holidays to which the above rules apply:  Martin Luther King Day, President’s Day, Easter, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving, Christmas Eve, and Christmas Day.

If a holiday visitation conflicts with a weekend visitation, the holiday visitation takes precedence over the weekend visitation.  The weekend visitation shall be rescheduled.

d. Vacation.

The Non-Residential Parent is granted summer vacation with the child for a period of four weeks.  The vacation shall be scheduled so as to permit each parent to have the children for two consecutive weeks during the parent’s vacation time, if any.  If day care is required for the children while visiting and day care is normally paid for by the Residential Parent, the children shall continue in the same day care setting, if possible, at the cost of the Residential Parent to the extent of normal expenditure.  If the child is enrolled in summer school necessary for the child to pass to the next grade, school must be attended.

The Non-Residential Parent shall notify the Residential Parent 30 days before the commencement of summer vacation of the weeks desired.  If the schedule presents a conflict with the plans of the Residential Parent then the parties shall attempt to resolve the conflicts through voluntary rescheduling.  If the conflicts cannot be resolved by voluntary adjustment of their summer vacation schedules, the vacation shall be scheduled as follows:  The Non-Residential Parent shall select one week and the Residential Parent shall select one week.

A vacation week shall have precedence over a scheduled holiday, or regular weekend visitation with the other parent.  If a regular visitation would occur immediately before or after a visitation then the Non-Residential Parent may have the child for the regular weekend visitation period as well.

The children shall be returned to the home of the Residential Parent at least three (3) days before the commencement of school.

e. Transportation

The Non-Residential Parent shall call for the children at their place of residence and return them to that location, unless otherwise specifically permitted in this policy or agreed by the parties.

If the children are residents of Washington County, Ohio, the Non-Residential Parent shall not remove the children from the State of Ohio, or Wood County, and Pleasant County, West Virginia, other than to travel to the residence of the Non-Residential Parent and counties contiguous thereto, without the consent of the Residential Parent, which consent shall not be unreasonably withheld.  If the children are not residents of Washington County, Ohio, the Non-Residential Parent shall not remove the children from the State of their residence other than to travel to the residence of the Non-Residential Parent and into counties contiguous thereto, without the consent of the Residential Parent, which consent shall not be unreasonably withheld.

f. Child Support Not Abated.

The obligation to pay Child Support shall not abate during the period the children are with the Non-Residential Parent.

g. Other Times and Places.

Visitation may occur at such other times and places as the parents may agree.

3.02(B) Long Distance Visitation

(B)(1) Children Under Two Years of Age

Visitation with children under the age of Two will be determined on a case by case basis, having in mind the need for contact between very young children and the non-residential parent and the practical difficulties posed by geographical distance and the particular circumstances and financial position of the parties.

(B)(2) Children Two Years of Age and Older

Where minor children are two years of age or older and one or both parents live outside of Washington County, Ohio and more than three hours apart the following visitation schedule shall apply:

a. School Vacation Periods.

The Non-Residential Parent is entitled every year to one half of the Christmas School Vacation, the Spring School Vacation, and one half of the Summer Vacation.  The Non-Residential Parent shall have visitation every other Thanksgiving vacation.

The Christmas school vacation shall be divided in half and the parents shall have the first or second half of the school vacation so that Christmas Day is alternated annually.

b. Transportation Costs.

Unless otherwise ordered, the Non-Residential Parent shall arrange for and pay the cost of transportation for the children to the Non-Residential Parent’s home at the commencement of Visitation.  Unless otherwise ordered, the Residential Parent shall arrange for and pay the cost to transport the children home at the end of the visitation.

c. Scheduling of Summer Vacation.

Each parent shall notify the other of the making of summer plans for the children involving either the scheduling of vacation time from work or the planning of any lengthy or important summer event of the payment of significant non-refundable, non-transferable vacation travel expenditures.  Plans shall not be made that make it impossible for the other party to have one half of the summer.  The other parent shall be notified as soon as possible so that the other parent shall notify the Residential Parent of the proposed vacation schedule 60 days before the end of the school year.  The Residential Parent shall notify the Non-Residential Parent of any conflict between the proposed schedule and the Residential Parent summer vacation plans within 7 days.  If the conflicts cannot be resolved by voluntary adjustment of their summer vacation schedules, the following shall have precedence in the following order provided the parent has notified the other parent of the plan:  non-modifiable summer vacation time from work; payment of substantial non-refundable, non-transferable travel expenses; participation in important family celebrations or events; other travel plans without substantial  prepayment; other parental vacation time.  The party who has scheduled and notified the other parent of such an event shall have the child for the half of the summer in which that event occurs.  If there is no priority scheduling event them the Non-Residential Parent may select either the first or second half of the summer.  If the visitation occurs in the second half of the summer vacation then the children shall be returned at least three days prior to the commencement of the next school year.

d. Notification

At the commencement of the school year the Residential Parent shall notify the Non-Residential Parent of the schedule for spring, Christmas and Summer Vacation for the school district where the child lives, and shall timely supplement this information in the event there was changes that effect the dates of school vacations.  The Non-Residential Parent shall notify the Residential Parent 30 days before the commencement of Christmas, Spring and thanksgiving vacations of the travel arrangements for the children for those vacations (date, time and mode of travel)

e. Additional Visitation – Residential Parents Area

The Residential Parent, upon getting one weeks notice from the other parent, shall give the Non-Residential Parent visitation when the Non-Residential Parent is in the area of the Residential Parent’s home.

f. Additional Visitation – Non-Residential Parent’s area.

The Residential Parent upon getting one week’s notice from the Non-Residential Parent shall give the Non-Residential Parent visitation in the area of the home of the Non-Residential Parent one weekend a month, provided that transportation time shall not exceed three hours each way.  Transportation to be provided by the Non-Residential Parent.

g. Change from Standard to Long Distance Visitation.

In the event the parties were following the Standard order of visitation and one parent moves so as to make Long Distance Visitation Rules applicable, then the parent remaining shall have the half of the Christmas School Vacation that includes Christmas.

3.02(C) Visitation where Each Parent is Residential Parent of a Different Child

Unless otherwise agreed by the parties, the above rules apply where custody is split with the further provision that visitation with the parents shall be alternated so as to maximize the time the children spend with each other.

3.02(D) Notice of Intent to Relocate

Unless otherwise ordered by the Court, a residential parent intending to move shall notify the Washington County Child Support Enforcement Agency using the Obligee Information form approved by the Court and appended to all Support Notices.  Unless a motion to prohibit notifying the Non-Residential Parent has been filed or an order prohibiting the notification of the Non-Residential Parent  has been filed, the Child Support Enforcement Agency shall send a copy of the Obligee’s notice to the Non-Residential Parent.

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