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Law Offices of Virginia C. Cornwell

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Archives for July 2008

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Warren County, Ohio Standard 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:

______________________

Basic Parenting Schedule Warren County Court Of Common Pleas Domestic Relations Division


This Court encourages parents who are divorcing or divorced to create parenting schedules tailored to the specific needs of their child(ren), taking into account their respective work schedules and the individual needs of the child(ren).

If parents have no specific written parenting schedule, the parents shall follow the schedule set forth below. This Court‑imposed schedule is intended to further two goals: (1) preservation of or development of a close relationship between child(ren) and each ap rent; and (2) consideration of the changing developmental needs of the child(ren).

Note: For purposes of interpreting this order and if a shared parenting plan refers to this order, the party with whom the child(ren) spend the majority of time shall be referred to herein as the residential parent and the other parent as the non‑residential parent provided that the shared parenting plan does not contain any provisions to the contrary.

A. INFANTS: 0 – 2 MONTHS

For infants up to two months of age, the non‑residential parent may spend time with the baby in the residential parent’s home three days per week, for two hours per visit. If the parties cannot agree as to days and time, the following schedule shall be followed: 2:00 p.m. to 4:00 p.m. on each Sunday and each Tuesday and Thursday evening from 6:00 p.m. to 8:00 p.m.

B: INFANTS: 2 MONTHS – AGE 2 (Commencing at age 2 months, parenting time is spent away from residential parent’s residence.)

  1. Beginning at two months through twelve months, the non­residential parent may spend time with the child away from the residential parent’s residence every Tuesday and Thursday evening from 5:30 p.m. to 8:30 p.m. and one day each weekend, alternating between Saturday and Sunday, from 10:00 a.m. to 6:00 p.m.
  2. From twelve months to two years, the non‑residential parent may spend time with the child as follows: every Tuesday and Thursday evening from 5:30 p.m. to 8:30 p.m. and on alternating weekends from Saturday at 10:00 a.m. to Sunday at 6:00 p.m.
  3. Holidays: In odd numbered years, the non‑residential parent may spend time with the child(ren) from 10:00 a.m. to 6:00 p.m. on President’s Day, Memorial Day, Thanksgiving and Christmas Eve. In even numbered years, the non‑residential parent may spend time with the child(ren) from 10:00 a.m. to 6:00 p.m. on Easter, July 4th, Labor Day and Christmas Day.
  4. Older Siblings: If there are older brothers and sisters of the infant child(ren), the parenting time (including holidays) set forth below for children ages two years through twelve years shall govern infant visitation once the infant is two months old.

C. CHILDREN AGE 2 THROUGH 12: The non-residential parent shall spend time with the children as follows:

  1. Weekends: Alternate weekends beginning Friday at 6:00 p.m. and ending Sunday at 6:00 p.m.
  2. Weekdays: Every Wednesday (or other day by agreement) from 5:30 p.m. to 8:30 p.m.

D. TEENAGERS – AGE 13 THROUGH 15:

Weekends and Weekdays: It is recommended that the above schedule for children age two through twelve be continued through age fifteen if possible. However, parents should respect a teenager’s need to spend time with peers and in organized activities, and less time with each parent, especially during weekends and summer holidays. Quality of time is more important than a rigid schedule. Flexibility in scheduling is necessary. When possible, it is preferable to consider the teenager’s wishes as long as the parents agree. At a minimum, the non‑residential parent may spend time with children in this age bracket every Wednesday from 5:30 p.m. to 8:30 p.m. and at least one overnight and day on alternating weekends.

E. TEENAGERS – AGE 16 UNTIL 18:

Parenting time for children in this age bracket shall be fixed between the child and the non‑residential parent. Parenting time shall not be limited other than as the child and the non-residential parent choose.

F. HOLIDAYS:

1. In odd numbered years, Mother will have the child(ren) and in even numbered years Father will have the children on:

Easter: from Saturday at 6:00 p.m. to Sunday at 7:00 p.m. (Only  applies to pre-school age children)
July 4: from 9:00 a.m. to 11:00 p.m.
Labor Day: from Friday at 6:00 p.m. to Monday at 7:00 p.m.
Christmas: from December 24th at 9:00 p.m. to January 1St at 6:00 p.m.

2. In odd numbered years, Father will have the child(ren) on and in even numbered years Mother will have the children on:

President’s Day: from Friday at 6:00 p.m. to Monday at 7:00 p.m.
Memorial Ray: from Friday at 6:00 p.m. to Monday at 7:00 p.m.
Thanksgiving: from Wednesday night at 6:00 p.m. to Thursday at 7:00  p.m. unless the following weekend is that parent’s regularly  scheduled weekend, in which case the parenting time shall  continue until Sunday at 6:00 p.m.
Christmas: from December 21St or the last day of school, whichever is  later, at 6:00 p.m. to December 24th at 9:00 p.m.
Spring Break: commencing at 9:00 a.m. the day after school recesses to  6:00 p.m. the day before school resumes. (Only applies to  school age children).

3. Other important days:

Mother’s Day: With the mother from 9:00 a.m. to 7:00 p.m.
Father’s Day: With the father from 9:00 a.m. to 7:00 p.m.
Birthdays: No special provision is made for the children’s  birthdays unless otherwise agreed.
Other Cultural Holidays: Any other religious holidays, cultural holidays or days of significance not referenced herein shall be addressed by agreement of the parties or court order.

If any of the above holidays falls on a Monday following that parent’s regular weekend, then the parenting time will be continuous through the holiday.

G. Extended Parenting Time, Summer Vacations and Travel:

The non-residential parent shall have extended parenting time with the child(ren) to coincide with his or her work vacation if possible. The parenting time may extend to two weeks (non-consecutive) for ages two to four years; it may extend to two consecutive weeks for ages four and five years; and it may extend for up to four weeks (with no more than two weeks being consecutive) for ages six through twelve years. The residential parent may also have an extended vacation with the child(ren) not to exceed two weeks. All parenting/vacation time taken under this section must be taken in blocks of time of at least seven days. Each parent must give the other parent thirty days prior written notice of the dates he or she intends to have extended parenting time or vacation with the child or children. In the case of conflict, the schedule of the parent who first gives written notice to the other parent shall prevail. For any vacation or holiday travel, each parent must provide the other parent with destination, times of arrival and departure, and methods of travel. If there are children in different age brackets, the provisions set forth for the oldest age bracket shall govern as to all children, except that there shall be no extended parenting time/vacation for children under two years of age. NOTE: Child support will not be reduced during summer vacation periods specified in this provision.

H. RULES REGARDING PARENTING TIME:

  1. 1. Conflicting Schedules: In the event of any conflict between parenting time schedules, the following is the order of precedence:
    1. a. Holidays
    2. b. Vacation periods or extended parenting times
    3. c. Weekends and mid‑week days

    For example, one parent may not schedule his or her summer vacation to include July 4th if July 4th is the other parent’s holiday that year. As another example, the residential parent may be entitled to have the children on the Easter holiday even though it falls on the non‑residential parent’s alternating weekend. In this case, the non‑residential parent’s weekend shall conclude at 6:00 p.m. on Saturday evening.

  2. Illness: Parenting time shall be provided to the non‑residential parent even if the child is ill unless the child is hospitalized or a physician has recommended that the child not be removed from the residential parent’s home, in which event immediate notice shall be given to the non‑residential parent. Any weekend parenting time that is missed under this provision shall be made up the following weekend.
  3. Telephone and Mail: Both parents may have reasonable telephone contact with the child(ren) not to exceed once a day between the hours of 7:00 a.m. and 9:00 p.m. If the children are not available, the child(ren) should return the telephone call. Both parents shall encourage free communications between the child(ren) and the other parent and shall not do anything to impede or restrict reasonable communications by telephone or mail between the child(ren) and the other parent, whether initiated by the child(ren) or the other parent. Any mail between the child(ren) and either parent shall be strictly confidential and shall not be opened or read by the other parent.
  4. Cooperation: Both parents shall refrain from criticizing the other parent or arguing with the other parent in the presence of the child(ren).
  5. Exchange of Phone Numbers: Unless this Court orders otherwise each parent must keep the other parent informed of his or her current telephone number and a telephone number where the child(ren) may be reached.
  6. Transportation: In the event that the parents are unable to reach an agreement regarding transportation, the parent receiving the child(ren) shall arrange transportation. For example, if the parents are following the Basic Order of this Court, the non‑residential parent will pick up the children from the residential parent’s home on Friday evenings. Likewise on Sunday evenings the residential parent will pick up the children from the non‑residential parent’s home. In the event that either party moves and thereby increases the distance that existed between the parties at the time of the last court order by more than 25 miles, that party must provide all of the transportation or file a motion to have the transportation duties reviewed. Until such hearing, the moving parent shall provide all the transportation.
  7. Grace Period: The transporting parent for parenting time shall have a grace period of fifteen minutes for pick up and delivery if both parties live within thirty miles of each other. If the one way distance to be traveled is more than thirty miles, the grace period shall be thirty minutes. In the event the non‑residential parent exceeds the grace period, that period of parenting time is forfeited unless prior notification and arrangements have been made and excepting cases where the non‑residential parent lives in excess of thirty miles away and suffers an unavoidable breakdown, or delay en route and the non‑residential parent promptly notifies the residential parent by telephone of the delay. Repeated violations by either parent shall be cause for granting a modification of the parenting order.
  8. Clothing and Supplies for Children: The residential parent shall send with the child(ren) on parenting time sufficient clothing and outerwear appropriate for the season and for any known, planned activities. For the weekend, this shall consist of a minimum of a coat and shoes appropriate for the weather, two extra sets of play clothes, one dress outfit and underwear, in addition to the clothes the children are wearing at the time of the start of the weekend. In the case of infants, the residential parent shall send with the child(ren) sufficient bottles, formula and diapers and shall inform the non‑residential parent of the child’s sleeping and eating schedules. The non‑residential parent shall return all items that are sent with the child(ren) at the end of his or her parenting time.
  9. Child(ren)’s Activities: Scheduled periods of parenting time shall not be delayed or denied because a child has other activities (with friends, work, lessons, sports, etc.). It is the responsibility of the parents to discuss extra‑curricular activities of the child(ren) in advance, including time, dates and transportation needs, so that the child(ren) are not deprived of activities and maintaining friends. Each parent shall provide the other with copies of any written material (i.e. activity schedules, maps, instructions) that are distributed in connection with the child(ren)’s activities. The parent who has the child(ren) during the time of scheduled activities is responsible for transportation, attendance and/or other arrangements. Both parents are encouraged to attend all their child(ren)’s activities.

CONCLUSION

Parents are encouraged to allow for flexibility in the foregoing schedule to best suit the changing needs of the child(ren) and the employment schedules of the parents. HOWEVER, absent an order of this Court, the foregoing schedule shall be followed absent a clear, mutual understanding between parents to deviate. Any modification shall be in writing if feasible.

Experts uniformly agree that the absence of conflict between parents is more critical to a child’s welfare than the amount of time either parent spends with the child.

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Vinton County, Ohio Model for Scheduling 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:

___________________

Vinton County – Court Guidelines For Custody And Visitation


A.  VISITATION: Whenever “reasonable visitation” for a non-custodial parent is in issue and whenever the parties cannot agree on visitation, the following may be considered as a Court determined guideline on the issue:

  1. Infants up to 18 months – non-custodial parent may visit in custodial home from 2:00 p.m. to 5:00 p.m. each Sunday.
  2. From 18 months to 3 years of age – one weekend per month.
  3. After 3 years of age – non-custodial visitation shall be as follows:
    1. Visitation by the non-custodial parent on alternate weekends from Friday at 7:00 p.m. to Sunday at 7:00 p.m. (The beginning and ending times may be varied to suit the work schedules of the parties.).
    2. Mother’s Day, the children shall be with the mother and Father’s Day, the children shall be with the father.  In the event this provision requires the children to be with the custodial parent when it is the non-custodial parent’s normal weekend visitation, the non-custodial parent shall return the children by 9:00 a.m. on Mother’s Day or Father’s Day.  In the event that this provision requires the children to be with the non-custodial parent on a day not falling within the non-custodial parent’s visitation weekend, said non-custodial parent shall receive the children at 9:00 a.m. on that day and shall return them at 7:00 p.m. on said day.
    3. Parents shall have the children on the holidays as follows:

Even Years

Custodial Parent Non-Custodial Parent
President’s Day
Friday night to Monday night
Easter
Thursday night to Sunday night
Memorial Day
Friday night to Monday night
4th of July
Night before to morning after except when The 4th falls on Friday, Saturday, Sunday or Monday when the visitation shall commence on Friday night and continue to end of Weekend or end of holiday, whichever is Later.
Labor Day
Friday night to Monday night
Thanksgiving Day
Wednesday night to Sunday night
Christmas
Christmas Eve and Christmas Day until 2:00 p.m.
Christmas Vacation and New Year’s Day
Christmas Day at 2:00 p.m. until the night of the end of the New Year’s Holiday

Odd Years

The above schedule shall be reversed as to the Custodial Parent and Non-Custodial Parent.

Unless otherwise indicated, said holiday visitation shall commence at the regular hour as set for the commencement of weekend visitations and shall end at the regular hour set for the ending of weekend visitation.  Said holiday visitations shall have precedence over the regular visitation schedule but shall not otherwise modify it (for example, if the holiday granted in any particular year to a non-custodial parent falls between the regular weekend visitation, the non-custodial parent will have three (3) weekends in a row at that particular time).

  1. d.   The non-custodial parent shall have an extended visitation each summer to coincide with their vacation.  However, the same shall not exceed three (3) weeks in duration. The non-custodial parent shall notify the custodial parent of the time thereof as soon as the vacations schedules at the non-custodial parent’s place of employment are posted or decided upon.
  2. e.   Both parties shall be diligent in having the children ready and available at the appointed times and the transporting party shall be prompt in picking up and delivering the children, provided, however, that the transporting parent for visitations shall have a grace of fifteen (15) minutes for pick-up and delivery if both parties live within 30 miles from each other.  If the one-way distance to be traveled is in excess of 30 miles, the grace period shall be 30 minutes.  IN the event the visiting parent exceeds the grace period, the visitation for the weekend is forfeited unless prior notification and arrangements have been made and except in cases where the visiting parent lives in excess of 30 miles away and suffers an unavoidable breakdown or delay en route and the visiting parent promptly notifies the custodial parent by phone of the delay.  Repeated violations by either parent shall be cause for granting a modification of the custody order either by changing custody or curtailing visitation, as the case may be.
  1. The custodial parent shall send with the children on visitation sufficient clothing and outerwear appropriate to the season to last the period of the visitation.  (for a weekend visitation, this shall consist of a minimum of two (2) extra sets of play clothes and one (1) dress outfit in addition to the clothes the children are wearing at the time of the start of the visitation).  In the case of infants, the custodial parent shall send with the child sufficient bottles, formula and diapers to last the visitation period.  Continued violations of this requirement shall be deemed sufficient cause of a change of custody.
  2. Visitation does not include picking the children up and leaving them with a non-family member while the visiting parent pursues their own pleasures nor does it include taking the children to a bar for an extended period of time.  Violations shall be deemed to be cause for curtailment of visitation.
  3. The custodial parent shall not remove the children from Vinton County or in the event said children are not presently in Vinton County, to a situs more distant from Vinton County than their present situs without first obtaining the permission of the Court by Judgment Entry.
  4. The custodial parent shall encourage free communication between the children and the non-custodial parent and shall not do anything to impede or restrict communications by phone or mail between the children and the non-custodial parent, whether initiated by the children or the non-custodial parent.  The mail between the children and parent shall be strictly confidential between them and that parent and shall not be opened or read by the other parent.  This rule applies equally to the non-custodial parent when the children are on extended visitation with the non-custodial parent.
  5. Both parents shall refrain from criticizing the other parent in the presence of the children.  Both parents shall try and prevent undue interference by grandparents in implementing visitation.
  6. Neither of the parties shall attempt to modify the religious practice of the children without first having consulted each other and the Court.
  7. The custodial parent shall take the necessary action with the school authorities of the schools in which the children are enrolled to:
    1. List the non-custodial parent as a parent of the children.
    2. To authorize the school to release to the non-custodial parent any and all information concerning the children.
    3. The custodial parent shall promptly, after receipt of the same, furnish to the non-custodial parent a photocopy of the child’s grade or report and copies of any other reports concerning the child’s status or progress.

THESE ARE GUIDELINES CONCERNING CUSTODY AND VISITATION AND THEY WILL BE CHANGED OR MODIFIED BY THE COURT IF IT IS SHOWN THAT THERE IS A NEED FOR SUCH CHANGE.

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Van Wert County Ohio Standard Parenting Time and Visitation Rights 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:

________________________________

Van Wert County – Appendix A

Standard Rules For Residential And Non Residential Parents And The Allocation Of Certain Parental Rights And Responsibilities (Revised 6/1/02)


ATTORNEYS AND PRO SE PARTIES ENGAGING IN DOMESTIC RELATIONS PRACTICE BEFORE THIS COURT ARE CHARGED WITH KNOWLEDGE OF THESE STANDARD RULES.

1.0 Purpose of Standard Rules:

The Standard Rules are created solely to benefit the children of divorced and separated parents and are drafted to minimize the impact of the divorce and separation on the children and their lifestyles.

The Rules set specific times for visitation and companionship to enable children to spend an equitable amount of time with both their parents in consideration of their age, educational and extra­curricular obligations and their parents work schedules. The schedules are designed to give the children specific times that they can rely on to be with their parents and to provide them with stability, order and continuity.

The Standard Rules are not created to give parents legal weapons to use against each other. The Court will consider a parent’s breach of an obligation, first in the light of the effect it has on the children, and secondly, its effect on the other parent.

1.1 Obligations imposed on both parents:

Mutual respect:

Neither parent shall criticize the other or allow a subsequent spouse or significant other to do so in the presence of the children.

Communication between parents:

Both parents will communicate directly with each other regarding any matters involving their children. Neither parent will communicate with the other through subsequent spouses, significant others, relatives or the minor children unless such communications are amicable and are of minor significance.

Communication between parent and children:

Both parents shall encourage free communications between the children and other parent. Neither parent shall do anything to impede or restrict communications by E-mail, fax or surface mail between the children and the other parent, whether the same is initiated by the children or the other parent.

The mail exchanged by the children and either parent shall be strictly confidential between the children and that parent and such mail shall not be opened or read by the other parent.

The non-residential parent shall have the right to initiate a telephone call to each child twice each week. The duration of the call shall not exceed fifteen (15) minutes. The residential parent shall have the same rights during the summer and Christmas vacation

Each child shall have the right to initiate telephone calls to the non‑residential parent at least twice each week. The duration of the call shall not exceed fifteen (15) minutes. The child shall have the same right to call the residential parent during the summer and Christmas vacation

Religious practice:

Neither parent shall attempt to modify the children’s religious practices without the consulting with the other or the Court.

1.2 Education of the children:

School district:

Unless otherwise agreed, the children shall attend the public schools in the school district where the residential parent resides.

Neither parent shall enroll the children in a private or parochial school without the consent of the other or an order of Court first obtained, unless, the children were so enrolled during the marriage.

School records, notices and activities:

The residential parent shall make contact with the administrators of the schools that the children attend and cause the school to enter in its student records the name, residence address and telephone number of the non‑residential parent and any information the school may need to reach the non‑residential parent for routine or emergency reasons.

The residential parent shall direct and authorize the school to release any and all information concerning the children to the non‑residential parent. The residential parent and the school shall make such arrangements as are necessary to timely provide to the non‑residential parent copies of all grade reports, notices and bulletins that the residential parent would routinely receive from the school.

If for any reason the school is unable to provide the non‑residential parent with the grade reports, notices and bulletins that the residential parent routinely receives, then the residential parent shall make copies of the same and shall immediately deliver them to the non‑‑residential parent.

The residential parent shall be responsible to provide the following information and deliver the same to the non‑residential parent as soon as it is available, to wit:

Parent teacher meetings which shall be scheduled, whenever possible, so that both parents can attend together and

School programs and all scheduled events in which the children are participants or have a particular interest in, including but not limited to the following, academic, drama, athletic, instrumental or vocal music programs, school clubs, or other organized programs or events and

Extra‑curricular programs and all scheduled events in which the children are participants or have a particular interest in, including but not limited to the following, baseball, softball, swimming, scouting, 4‑H, Y.M.C.A. or Y.W.C.A, theater, music recitals, church pageants and programs and any other programs or events.

1.3 Medical, dental and optical care:

The children shall continue to be cared for by the same health care providers that attended them during the time the parties were married unless otherwise agreed to by the parties, or for geographic reasons is not practical.

Routine medical, dental and optical care will be arranged for by and be the responsibility of the residential parent. Consulting with the non‑residential parent is not required before such routine care is undertaken.

Either parent who has the physical custody of the children at the time, shall promptly notify the other of any illness or injury that requires the children to be seen or treated by a doctor or other health care provider.

Either parent who has the physical custody of the children at the time can authorize emergency care or surgery necessary for the preservation of life or to prevent a further serious injury or condition and the same may be performed without consultation with the other parent, if time does not permit. In such event, as soon as possible, the other parent shall be notified of the occurrence and given full details of the children’s treatment and condition, the name of the treating physicians and the location of the medical facility where the children have been admitted or treated.

Neither parent shall contract for or schedule any elective surgery or orthodontic treatments for the children without timely consulting with the other parent in advance.

Neither parent shall subject the children to a piercing of any part of their anatomy, or allow the children to do so on their own, without the consent of the other parent.

1.4 Local Parenting Time and Companionship:

Days, times and hours of visitation:

Week end visitation shall be from 7:00 P.M. Friday to 7:00 P.M. Sunday. (Beginning and ending times may be varied to accommodate work schedules)

Holiday visitation:

1. President’s Day, Memorial Day and Labor Day week ends from 7:00 P.M. Friday to 7:00 P.M. Monday.

2. Easter from 7:00 P.M. Thursday to 7:00 P.M. Sunday.

3. Fourth of July: If July 4 occurs during the week, from 7:00 P.M. July 3rd to 9:00 A.M. July 5th. If July 4 falls on Friday, from 7:00 P.M. July 3rd to 7:00 P.M. Sunday. If July 4 falls on Saturday, Sunday or Monday, from 7:00 P.M. Friday to 7:00 P.M. Monday.

4. Thanksgiving, from 7:00 P.M. Wednesday to 7:00 P.M. Sunday.

5. First part of Christmas vacation: From 7:00 P.M. the last day of school before Christmas to 2:00 P.M. Christmas Day.

6. Second part of Christmas vacation: From 2:00 P.M. Christmas Day to 7:00 P.M. on the day next preceding the commencement of school at the end of Christmas vacation.

7. Four weeks during the summer school recess period to be exercised in two separate terms of two weeks each. Notice of summer visitation shall be afforded to the residential parent at least 30 days in advance thereof in writing.

Visitation schedule for both parents:

Residential Parent
Even Years Odd Years
President’s Day Easter
Memorial Day Fourth Of July
Labor Day Thanksgiving
First Half Christmas Second Half Christmas
Non-Residential Parent
Even Years Odd Years
Easter President’s Day
Fourth Of July Memorial Day
Thanksgiving Labor Day
Second Half Christmas First Half Of Christmas

1. The non-residential parent shall have visitation as follows:

a. Alternating week ends and

b. During even numbered years, for the following holidays, to wit: Easter week end, July 4 or July 4 week end, Thanksgiving week end and the second part of the Christmas vacation.

c. During odd numbered years, for the following holidays, to wit: President’s Day, Memorial Day and Labor Day week ends and the first part of the Christmas vacation.

d. Four weeks during the summer school recess period to be exercised in two separate terms of two weeks each. Notice of summer visitation shall be afforded to the residential parent at least 30 days in advance thereof in writing.

(1) The non‑residential parent shall notify the residential parent of the dates he/she intends to exercise summer visitation as soon as his/her employer posts or designates the vacation times at least 30 days in advance thereof in writing.

(2) If the non‑residential parent’s vacation time is not dictated by his/her employer and he/she can schedule their own vacation times, then, the non‑residential parent shall not schedule his/her vacation to interfere with the residential parent’s vacation if the residential parent’s employer dictates his/her vacation time. If the residential parent can schedule his/her vacation at any time, the non‑residential parent shall have first choice as to the dates of his/her summer visitation.

2. The residential parent shall retain the child/children as follows:

a. Alternating week ends and

b. During all odd numbered years, on the following holidays, to wit: Easter week end, July 4 or July 4 week end, Thanksgiving week end and the second part of the Christmas vacation.

c. During even numbered years, on the following holidays, to wit: President’s Day, Memorial Day and Labor Day week ends and the first part of the Christmas vacation.

d. That part of the summer that is not subject to the non‑residential parents rights of visitation. In the event a vacation trip is planned, the residential parent may suspend visitation for up to ten (10) days, with a 30 day advance written notice afforded to the non‑residential parent.

3. Priority of schedules:

Holiday visitation shall take precedence over regular alternating week end visitation and summer visitation. The Court recognizes that from time to time the non‑residential parent will have visitation on three consecutive week ends.

4. Other visitation times:

a. The children shall spend Father’s Day with father and Mother’s Day with mother from 9:00 A.M. to 7:00 P.M. without regard to whether it is the non-residential parents regular week end visitation or not.

b. At such other times as the parents may agree. Although the parents are not obligated to do so, the Court encourages additional visitation.

c. If there is no good reason to the contrary, the Court will order visitation on one weekday evening from 4:00 P.M. to 7:00 P.M. during the week.

5. Transportation and grace periods:

1. It shall be the responsibility of the party receiving the child in order to commence visitation or recommence residency to provide transportation accordingly.

2. Grace period:

a. The parent from whom the children are being picked up shall have the children ready and available at the designated time. For reasons beyond the said parents control, there will be a 15 minute grace period for having the children ready and available.

b. If the parents live within 30 miles of each other there will be a 15 minute grace period for the pick up and delivery of the children for visitation. If the parents live over 30 miles apart from each other there will be a 30 minute grace period. If the visiting parent exceeds the grace period, visitation for that week end shall be forfeited unless the other parent has been given prior notice and arrangements made or if the visiting parent has experienced vehicle breakdown or traffic congestion enroute and calls the other parent advising of the delay.

c. Neither paragraphs a. or b. next preceding shall apply to Long distance visitation.

Repeated violations of the grace period shall be cause to modify the order designating the residential parent or modifying scheduled visitation.

1.5 Long distance visitation and companionship:

In the event that the visitation specified in section 1.4 of these Rules is not feasible because of the distance between the residences of the parents or the time required to travel such distance, the following visitation schedule shall be used and the same shall constitute “reasonable visitation”.

1. The non‑residential parent shall have the children from 7:00 P.M. two days following the last day of school before summer vacation, returning them two weeks preceding the first day of school in the fall.

2. The non‑residential parent shall have the children during all odd numbered years from 7:00 P.M. on the last day of school before Christmas vacation to 4:00 P.M. Christmas Day and during all even numbered years from 4:00 P.M. Christmas Day to 7:00 P.M. on the day preceding the commencement of school at the end of Christmas vacation.

3. At such other times as the non‑residential parent may visit or have business in the immediate area of the residence of the residential parent at which time the non‑residential parent shall have the right to a equivalent of a week end visitation. The non‑residential parent will give the residential parent 10 days advance notice of his/her intent to exercise the same. The non‑residential parent shall not take advantage of this provision more than once every three calendar months.

4. For each visitation except that set forth in paragraph 3, next preceding, it shall be the responsibility and expense of the non‑residential parent to provide transportation for the commencement of visitation and it shall be the responsibility expense of the residential parent to provide transportation for the return of the children. If either parent elects to use public transportation

such as airline, train or bus, it shall be the responsibility of the parent then having physical custody of the children to timely deliver them to the terminal to connect with their transportation.

1.6 Rules applicable to both local and long distance visitation and companionship:

Visitation shall be varied to accommodate work schedules and it is anticipated that the non­residential parent will be entitled to a like amount of time on the same day but at different hours so long as it does not interfere with the child’s school schedule.

The residential parent shall send sufficient clothing and outer wear appropriate for the season to last the period of visitation.

1. Clothing for week end visitation shall consist of a minimum of two sets of play clothes and one dress outfit in addition to the clothes that the children are wearing at the time of the start of visitation.

2. Clothing for summer vacation shall consist of a minimum of four sets of play clothes and one dress outfit in addition to the clothes that the children are wearing at the time of the start of visitation.

3. In the case of infants, sufficient bottles, formula and diapers to last the week end or for the travel time plus one day for summer vacation. If a child is a participant in a school or extra curricular activity that occurs during regular visitation, the visitation shall take place as scheduled, but the visiting parent shall have the responsibility of taking the child to the activity.

The residential parent shall not enroll a child in a school or extra curricular activity that substantially interferes with the non‑residential parents visitation rights, including summer visitation, unless the non‑residential parent consents to the same.

The purpose of visitation and companionship schedules is to provide the children time to spend with their non‑residential parent. The Court will not look favorably on any parent who consistently leave the children with baby‑sitters or other non‑family persons while the parent pursues their own pleasures or entertainment and will consider the same a violation of these Rules.

It will be considered contempt of this Court if any parent goes into a bar or tavern solely for the purpose of consuming alcohol and takes his/her children with him.

Whenever the language “reasonable visitation” appears in any entry filed in this Court, that term shall be construed to mean the visitation rights that are not be less than those provided for in the Local and Long distance schedules hereinafter stated.

1.7 Service of Rules on Parties:

In all cases that involve minor children, it shall be the responsibility of the Attorney of record to cause a copy of these Rules to be delivered to his/her client. Said attorney shall make reasonable efforts to make sure his/her client reads and understands these Rules.

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Union County Local Rule 18.08 and 12.2 Standard Visitation Schedule

July 11, 2008

(web page updated 11-29-09)

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:

_____________________

UNION COUNTY COMMON PLEAS AND JUVENILE COURT

STANDARD VISITATION GUIDELINES

(Local Rules 18.08 and 12.2)

Visitation Schedule



This schedule enumerates the visitation rights of the child(ren) and the parents. In addition to enumerating the specific days, dates, and times during which visitation may be exercised – and is expected to be exercised, this schedule enumerates the conditions and the court’s expectations pursuant to which visitation shall be exercised. The residential parent is reminded the nonresidential parent is still a parent of the child(ren) notwithstanding this marriage is ending or has ended. Both parents are reminded there will be times when one or the other will have the child(ren) three consecutive weekends and or holiday periods. Both parents are reminded these visitation rights are intended to benefit the child(ren) as much as, if not more than, either parent. These are visitation guidelines only. The court reserves the right to modify these guidelines in the child(ren)’s best interest. Any deviation shall be separately submitted to and considered by the court and incorporated into a final order.

In two situations routine use of these guidelines shall not be approved by the court. These guidelines shall not be routinely used in actions involving children less than two years old. These guidelines also shall not be routinely used in actions in which the parent and child(ren) have not interacted for a long time and the best interest of the child(ren) will be served by a phase-in period of visitation to acquaint or re-acquaint the parent and the child(ren). In these two situations visitation schedules shall be devised on a case-by-case basis.

  1. PARENTS’ BIRTHDAYS, MOTHER’S/FATHER’S DAY. The children shall be with the appropriate parent on these days from 9:00 A.M. to 7:00 P.M. or, if a school day, from 4:00 P.M. to 7:00 P.M..
  2. CHILD(REN)’S BIRTHDAYS. Visitation shall be exercised on the child(ren)’s birthdays from 9:00 A.M. to 7:00 P.M. or, if the birthday falls upon a school day, from 4:00 P.M. to 7:00 P.M.- If this schedule affects more than one child, all the children shall attend each birthday visitation.If there is one child, the child and the nonresidential parent shallexercise this birthday visitation in odd-numbered years. The child and the residential parent shall exercise this birthday visitation in even-numbered.If there is more than one child, the children and the nonresidential parent shall exercise this birthday visitation upon the birthdays of the first and other odd-numbered children in odd-numbered years, and upon the birthdays of the second and other even-numbered children in even-numbered years. The children and the residential parent shall exercise this birthday visitation upon the reverse birthdays of the children.
  3. CHRISTMAS. In odd-numbered years the child(ren) and the nonresidential parent shall exercise visitation from 7:00 P.M. on the last day of school (or, if none of the children attend school, from 7:00 P.M., 16 December) to 7:00 PM, 26 December; and the child(ren) and the residential parent shall exercise visitation from 7:00 PM, 26 December to 7:00 PM, I January. In even-numbered years this visitation shall be reversed.
  4. SPRING BREAK. In odd-numbered years the child(ren) and the nonresidential parent shall exercise visitation from 7:00 P.M. on the last day of school before Spring Break to 7:00 P.M. the day before school reconvenes. In even-numbered years the child(ren) and the residential parent shall exercise this Spring Break Visitation.
    If Good Friday – Easter Weekend does not occur during the child(ren)’s Spring Break, then in even-numbered years the child(ren) and the nonresidential parent shall exercise visitation from 7:00 P.M. the Thursday before Good Friday to 7:00 P.M., Easter In odd-numbered years the child(ren) and the residential parent shall exercise this Good Friday Easter Weekend Companionship.If the child is not, or none of the children are attending school, then the child(ren) and the nonresidential parent shall exercise visitation from 7:00 P.M. the Thursday, before Good Friday to 7:00 P.M. the following Friday in odd-numbered years. In even-numbered years the child(ren) and the residential parent shall exercise this visitation.
  5. HOLIDAYS
    1. MEMORIAL DAY. In odd-numbered years the child(ren) and the nonresidential parent shall exercise visitation from 7:00 P.M. the Friday preceding Memorial Day to 7:00 P.M., the Tuesday following Memorial Day. The child(ren) and the residential parent shall exercise this visitation in even-numbered years.INDEPENDENCE DAY. In even-numbered years the child(ren) and the nonresidential parent shall exercise Independence Day visitation from 7:00 PM., -3 July to 7:00 PM, 5 July. In odd-numbered years the child(ren) and the residential parent shall exercise this visitationLABOR DAY. In odd-numbered years the child(ren) and the nonresidential parent shall exercise visitation from 7:00 P.M. the Friday preceding Labor Day to 7:00 P.M., the Tuesday following Labor Day. In even-numbered years the child(ren) and the residential parent shall exercise this visitation.THANKSGIVING. In even-numbered years the child(ren) and the nonresidential parent shall exercise visitation from 7:00 P.M. the Wednesday preceding Thanksgiving to 7:00 P.M., Sunday. In odd-numbered years the child(ren) and the residential parent shall exercise this visitation.
  6. SUMMER. The child(ren) and the nonresidential parent shall exercise visitation for six consecutive weeks during the Summer Vacation of the school district in which the child(ren) reside. This visitation shall commence on a Friday at 7:00 P.M. and end on the sixth following Friday at 7:00 P.M.  In odd-numbered years the nonresidential parent shall choose the commencement date of summer visitation and notify in writing the residential parent and, if one or more of the child(ren) can read, the child(ren) at least thirty days before this commencement date. In even-numbered years the residential parent shall choose the commencement date of summer visitation and notify in writing the nonresidential parent and, if one or more of the child(ren) can read, the children at least thirty days before the commencement date of summer visitation. During this summer visitation the child(ren) and the residential parent shall exercise weekend visitation as described below.
  7. WEEKENDS. The child(ren) and the nonresidential parent shall exercise visitation on alternate weekends 7:00 P.M., Friday to 7:00 P.M., Sunday commencing the second Friday following journalization of any order or decree of which this schedule is a part. During the child(ren) and nonresidential parent’s summer visitation the child(ren) and the residential parent shall exercise a like weekend visitation beginning the second Friday and the fourth Friday following the commencement of summer visitation.
  8. If a potential conflict between two or more of the preceding visitation provisions occurs, then the first listed shall be exercised.
  9. CANCELLATION, MAKE-UP. If the nonresidential parent must cancel a visitation period, he or she shall notify the residential parent and the child(ren) as soon as possible. The nonresidential parent shall cancel visitation only for an emergency such as a change in his or her work schedule or an illness in his or her household. The nonresidential parent shall not cancel visitation because he or she does not feel like exercising it.An illness or injury sufficiently serious to keep the child(ren) in bed through the visitation period shall be the only reason the residential parent may cancel visitation. If the residential parent must cancel a visitation period, he or she shall notify the nonresidential parent as soon as possible. The nonresidential parent may, at his or her election, spend up to one hour beginning at the usual commencement time of the visitation period with the ill or injured child. The child(ren) who are not ill or injured shall exercise visitation with the nonresidential parent. The parent who cancels a visitation period shall explain it to the child(ren). The cancelled visitation period shall be made up within sixty days at a time agreed upon by the parties.
  10. PICK-UP, RETURN. The residential parent shall have the child(ren) physically and emotionally ready to go at the commencement of each visitation period. The nonresidential parent shall pick up the child(ren) on time or within one-half hour or forfeit that visitation period. The nonresidential parent shall not return the child(ren) from visitation early without prior notice to and consent of the residential parent, and shall only do so in the event an emergency arises. If the nonresidential parent is unavailable to pick up or return the child(ren), an adult well known to the children may do so. Only licensed drivers may transport the child(ren). No person transporting the child(ren) shall have consumed any alcohol or drugs of abuse or be under the influence of drugs.
  11. CLOTHING. The residential parent shall send sufficient appropriate clothing with the child(ren) each visitation period. The nonresidential parent shall return all such clothing when returning the child(ren). At the conclusion of any visitation period which lasts more than three days (72 hours) the parent returning the child(ren) shall return the child(ren)’s clothing cleaned and folded or hangered ready to put away. For the purpose of this clothing provision the nonresidential parent is deemed to be the residential parent during Summer Visitation.
  12. COMMUNICATION. All mail from one parent to the child(ren) shall be confidential and shall not be opened or read by the other parent without the child(ren)’s prior voluntary consent. Neither parent shall impede reasonable telephone communication between the child(ren) and the other parent.
  13. ACCESS. Pursuant to O.R.C. 3109.051(H) the court orders the nonresidential parent shall have access to any record related to the child(ren) under the same terms and conditions as the residential parent. Any keeper of a record who knowingly fails to comply with this order is in contempt of court.Pursuant to O.R.C. 3109.051(l) the court orders the nonresidential parent shall have access to any day care center in which the child(ren) is enrolled or attends under the same terms and conditions as the residential parent.Pursuant to O.R.C. 3109.051(J) the court orders the nonresidential parent shall have access to any student activity related to the child(ren) upon the same terms and conditions as the residential parent. Any school official or employee who knowingly fails to comply with this order is in contempt of court.The court may issue a separate Order and Notice containing these three access provisions.
  14. LOVE AND RESPECT, NO CRITICISM. Each parent shall encourage the child(ren) to love, respect, and obey the other parent. Neither parent shall criticize the other parent before the child(ren) nor permit the child(ren) to associate with any person who criticizes the other parent.
  15. ADDRESS, TELEPHONE. Each parent shall provide the other parent a current residence address and mailing address, if different, and telephone number. Each parent shall notify the other of any change in this information within 48 hours. The residential parent shall notify the nonresidential parent, the court, and the Child Support Enforcement Agency of his or her intent to move with the child(ren) to a new residence and provide the complete address of that new residence at least thirty days in advance of such move.

The court encourages the parents to cooperate regarding this visitation schedule to ensure the visitation works well and is in the best interest of the child(ren).

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Tuscarawas County Ohio Local Rule Standard Parenting Time 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:

Tuscarawas County – Standard Parenting Orders And Incidental Rules


I.          In order that non-residential/non-custodial parents shall have the opportunity to enjoy companionship with their child(ren) and continue a meaningful relationship, the following regular companionship schedule and rules shall be observed and followed in every case unless the parties provide for a different companionship schedule.

A.        Weekends:

1.         Unless otherwise specifically agreed upon or ordered by the Court, every other weekend from Friday at 7:00 p.m. to Sunday at 7:00 p.m.

2.         For child(ren) age 15 and older, companionship shall be expected to take place every other weekend, with the days and times to be agreed upon between the parties, taking into account the wishes and needs of the child(ren), the child(ren)’s work schedule, and the child(ren)’s involvement in school, summer or other extracurricular activities.

3.         If any weekend companionship occurs on a weekend when Monday is a holiday (including Labor Day and Memorial Day) the companionship shall be extended until Monday at 7:00 p.m.

B.         Mid-Week:  In addition to the above, the non-residential/non-custodial parent shall have companionship (1) week-night each week.  If the parties are unable to agree, then this mid-week companionship time shall be every Wednesday evening from 5:30 p.m. until 7:30 p.m., except if the child is of school age and school is not in session, then the mid-week companionship time shall be extended until 9:00 p.m.

C.        Child(Ren)’S Birthday:

1.         In even-numbered years, the non-residential/non-custodial parent shall have the child(ren) on the child’s birthday from 9:00 a.m. to 7:00 p.m. if a non-school day, or from 6:00 p.m. to 9:00 p.m. if a school day.

2.         In odd-numbered years, the non-residential/non-custodial parent shall have the child(ren) on the day before or the day after the child’s birthday for (3) hours from 6:00 p.m. to 9:00 p.m. if on a school day or weekday; and from 10:00 a.m. to 6:00 p.m. if on a Saturday or Sunday.

3.         This birthday companionship shall take priority and precedence over weekend and mid-week companionship.

D.        Mother’s Day And Father’s Day:  Unless otherwise specifically agreed upon or ordered by the Court, Mother’s Day shall always be spent with the mother and Father’s Day shall always be spent with the father.  If the parties cannot agree upon times, the time shall be from 9:00 a.m. to 8:00 p.m.  The child(ren) shall spend the rest of the weekend with the parent who would otherwise be entitled to companionship that weekend under these rules.

E.         Extended Vacation:

1.         The non-residential/non-custodial parent shall be entitled to (6) weeks of extended vacation companionship each year, in addition to the other companionship provided herein.  This extended vacation companionship must be exercised in minimum time periods of two (2) weeks, and the non-residential/non-custodial parent shall have the right to determine whether to exercise the extended vacation companionship in periods of (2), (4), or (6) weeks.  In the event that the non-residential/non-custodial parent exercises his/her extended vacation companionship in time blocks of more then two (2) consecutive weeks, then the residential/custodial parent shall be entitled to weekend companionship every other weekend from Friday at 7:00 p.m. until Sunday at 7:00 p.m., beginning the Friday of the second full week of extended vacation companionship, and continuing every other weekend thereafter during the remainder of the extended vacation companionship.

2.         The non-residential/non-custodial parent shall provide not less than (60) days advance written notice of their intent to exercise extended vacation companionship.

3.         The non-residential/non-custodial parent’s choice of extended vacation companionship shall have priority over the residential/custodial parent’s choice, unless the residential/custodial parent’s vacation is an annual mandatory shutdown at their place of employment, or unless the residential/custodial parent has previously booked vacation reservations or made vacation plans and provides written notification of these plans/reservations to the non-residential/non-custodial parent on or before March 31st of each year.

4.         All extended vacation companionship shall be concluded so that the child(ren) are back with the residential/custodial parent at least one (1) full week before the start of school for the following school year.

5.         Any daycare, babysitting or supervision expenses incurred by the non-residential/non-custodial parent during the exercise of their extended vacation companionship shall be as the sole cost of the non-residential/non-custodial parent unless pre-existing daycare, babysitting or supervisory providers are utilized by the parties during this extended vacation companionship.

F.         Holidays:  Parents may wish to change holiday companionship by agreement at least one (1) week in advance in order to observe family or religious traditions.  If not changed by agreement, holiday times are as follows:

Holiday Even
Numbered
Years
Odd
Numbered
Years
Times
Easter Father Mother 10 am – 7 pm
July 4th Mother Father 9 am July 4th – 9am July 5th
Thanksgiving Father Mother 9 am Thursday – 9 am Friday
Christmas Eve Mother Father 9 pm December 23rd – 9pm December 24th
Christmas Day Father Mother 9 pm December 24th – 9 pm December 25th

G.        Spring Break:  Unless otherwise agreed, the parties shall alternate the entitlement of Spring Break from school every other year, with the parent who receives the Easter holiday in any given year also receiving Spring Break for that year.

H.        Holiday Break (Christmas/New Year’s):  Unless otherwise agreed, the parties shall divide the Holiday Break from school involving the Christmas and New Year’s holidays equally, with each party receiving half, with the exception of Christmas Eve and Christmas Day, which shall be divided as set forth above:

1.         In even-numbered years, the Mother shall be entitled to the first half of this holiday break and the Father shall be entitled to the second half.

2.         In odd-numbered years, the Father shall be entitled to the first half of this holiday break and the Mother shall be entitled to the second half.

II.         Rules Governing Companionship Time

Parents are encouraged to work together to establish rules and guidelines so as to make the companionship schedule beneficial for both parties and the child(ren).  Parents are encouraged to continue to co-parent their child(ren) and abide by whatever code of conduct is the most appropriate for them and their child(ren).  Unless otherwise agreed between the parties, the following Rules Governing Companionship Time shall apply:

A.        Specific companionship rights such as Holidays, Birthdays, Mother’s and Father’s Day, Extended Vacation, Spring Break and Holiday Break shall take precedence and priority over standard alternate weekend and mid-week companionship rights.  Companionship rights granted under Paragraph I(D) for Mother’s Day and Father’s Day, and paragraph I (F) for Holidays, take priority over extended vacation companionship unless otherwise agreed between the parties or ordered by the Court.

B.         Unless otherwise agreed or ordered by the Court, the non-residential/non-custodial parent shall pick up the child(ren) at the beginning of each and every companionship time, and the residential/custodial parent shall pick up the child(ren) at the end of each and every companionship time.  Neither party shall be required to wait longer than (30) minutes for the other party to appear at the beginning or end of the companionship to pick up said child(ren).  A parent more than (30) minutes late at the beginning of companionship shall forfeit that companionship unless they have previously notified the other parent at least one (1) hour in advance.

C.        The non-residential/non-custodial parent shall give (24) hours advance notice of cancellation of companionship rights.

D.        The residential/custodial parent shall advise when a child(ren) is ill and unable to visit as a result with as much advance notice as practicable.  When companionship occurs during a time when the child(ren) is taking medicines, then appropriate medicines with instructions shall be provided to the non-residential/non-custodial parent for each companionship time.

E.         The residential/custodial parent shall send sufficient clean clothes to last the entire companionship time and all such clothes shall be returned (cleaned when feasible).

F.         Companionship rights granted shall be exercised; companionship not taken is waived.  However, companionship not taken on because of actions of the residential/custodial parent is not waived, but accrues and shall be granted within (30) days.

G.        The non-residential/non-custodial parent shall be entitled to telephone contact in addition to the above companionship rights, with the child(ren) at least once per week at the non-residential/non-custodial parent’s cost.  During such time that the non-residential/non-custodial parent is exercising extended vacation companionship as set forth in Paragraph I (E) above, the residential/custodial parent shall be entitled to similar telephone contact with the child(ren) at least once per week at the expense of the residential/custodial parent.

H.        The residential/custodial parent shall have the child(ren) available for companionship at the beginning of each companionship time and the non-residential/non-custodial parent shall have the child(ren) available for pickup at the end of each companionship time.

I.          The residential/custodial parent shall, to the best of their ability prepare the child(ren) physically and emotionally for all companionship contact.

J.          Each parent shall refrain from voicing criticism of the other parent, either in or out of the presence of the child(ren), and shall further do everything in their power to encourage others to refrain from similar conduct.

K.        Companionship time shall not be used by either parent to check on the other parent.  Neither parent shall interrogate the child(ren) during or following the companionship time as a means to gather information regarding the other parent or activities of the other parent.

L.         Neither parent shall consume alcohol to excess or use illegal drugs while in the presence of the child(ren).

M.        Both parents shall strive for consistency and agreement in all matters regarding the child(ren), including disciplinary matters.

N.        Summer School necessary for the child(ren) to pass to the next grade, or as recommended by the appropriate school official, must be attended and official notice of such requirement shall be given to the non-residential/non-custodial parent.  In the event the non-residential/non-custodial parent elects to exercise their companionship time during summer school, they shall be responsible to make sure the child(ren) attends summer school as necessary.

O.        The non-residential/non-custodial parent shall be responsible to see that any and all homework of the child(ren) is done during any and all companionship.

P.         The residential/custodial parent shall furnish to the non-residential/non-custodial parent copies of all grade reports, disciplinary notices and/or communications, and information regarding school pictures within seven (7) days of the receipt of such information, or in a timely manner.

Q.        Each parent must provide the other parent with destination, times of arrival and departure, method of travel, together with emergency telephone or contact numbers, if any extended vacation companionship will be taken away from that parent’s residence.

R.         Any person transporting a child(ren) for companionship periods established under these rules must possess a valid driver’s license, and all child(ren) shall be properly restrained in the manner required by law during such transport.


Tuscarawas County – Long-Distance Parenting Orders And Incidental Rules


A.        The following shall be applicable in the cases where parents reside more than 150 miles (one-way) from each other, unless the parents otherwise agree.

B.         The non-residential/non-custodial parent shall be afforded (8) weeks of companionship with the child(ren) during the traditional summer school vacation months of June, July and August.  For a child(ren) age (15) and older, this companionship time shall be expected to take place as set forth herein, taking into account the wishes and needs of the child(ren), the child(ren)’s work schedule, and the child(ren)’s involvement in school, summer or other extra-curricular activities.

1.         These visits may occur in blocks of time of four (4) weeks.  The non-residential/non-custodial parent shall provide advance notice of intent to exercise this companionship of not less than (60) days.  The non-residential/non-custodial parent’s choice of vacation has priority over the residential/custodial parent’s choice, unless the residential/custodial parent’s vacation is an annual mandatory shutdown of the place of employment, or unless the residential/custodial parent is required by an employer to give more than (60) days notice of intent to take a vacation and the non-residential/non-custodial parenthas no similar requirement.  Likewise, the residential/custodial parent must give the other parent not less than (60) days advance notice of vacations or special plans for the child(ren) to avoid planning conflicts.

2.         Summer School necessary for the child(ren) to pass to the next grade, or as recommended by the appropriate school official, must be attended and official notice of such requirement shall be given to the non-residential/non-custodial parent.  In the event the non-residential/non-custodial parent elects to exercise their companionship time during summer school, they shall be responsible to make sure the child(ren) attends summer school as necessary.

3.         Each parent must provide the other parent with destination, times of arrival and departure, method of travel, together with emergency telephone or contact numbers, if any extended vacation companionship will be taken away from that parent’s residence.

C.        The non-residential/non-custodial parent shall be responsible for picking up the child(ren) or otherwise arranging transportation, and paying for the same, at the commencement of companionship.  The residential/custodial parent shall be responsible for picking up the child(ren) or otherwise arranging transportation, and paying for the same, at the conclusion of companionship. The parties, if using airlines for said transportation, are encouraged to work together and obtain a round-trip ticked and split the costs.

D.        The non-residential/non-custodial parent shall be entitled to (1) additional week during the Christmas holiday and (1) additional week during the Easter break.   Christmas companionship shall commence December 26 through January 1.  Easter companionship shall be arranged by the non-residential/non-custodial parent at least (30) days in advance and may include Easter day during odd-numbered years.

E.         The non-residential/non-custodial parent shall be entitled to telephone contact in addition to the above companionship rights, with the child(ren) at least once per week at the non-residential/non-custodial parent’s cost.  During such time that the non-residential/non-custodial parent is exercising extended vacation companionship as set forth in Paragraph B(1) above, the residential/custodial parent shall be entitled to similar telephone contact with the child(ren) at least once per week at the expense of the residential/custodial parent.

F.         These Orders will be modified by the Court if there is good cause shown for such change.

G.        Each of the parties shall abide by these orders in the best interest of the child(ren).  Failure of either party to abide by these orders could result in contempt of court sanctions.  This includes the Orders that require the residential/custodial parent to take the child(ren) for visitation on the ordered days.

H.        Companionship rights granted shall be exercised; companionship not taken is waived.  However, companionship not taken on because of actions of the residential/custodial parent is not waived, but accrues and shall be granted within (30) days.

I.          The residential/custodial parent shall, to the best of their ability prepare the child(ren) physically and emotionally for all companionship contact.

J.          Each parent shall refrain from voicing criticism of the other parent, either in or out of the presence of the child(ren), and shall further do everything in their power to encourage others to refrain from similar conduct.

K.        Companionship time shall not be used by either parent to check on the other parent.  Neither parent shall interrogate the child(ren) during or following companionship time as a means to gather information regarding the other parent or activities regarding the other parent.

L.         Neither parent shall consume alcohol to excess or use illegal drugs while in the presence of the child(ren).

M.        Both parents shall strive for consistency and agreement in all matters regarding the child(ren), including disciplinary matters.

N.        The residential/custodial parent shall furnish to the non-residential/non-custodial parent copies of all grade reports, disciplinary notices and/or communications, and information regarding school pictures within seven (7) days of the receipt of such information, or in a timely manner.

O.        Any person transporting a child(ren) for companionship periods established under these rules must possess a valid drivers license, and all child(ren) shall be properly restrained in the manner required by law during such transport.

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408 Emory St
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