(web page last 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:
Defiance County – Schedule A – Parenting Time Guidelines For Travel Distances Under 150 Miles One Way
Liberal parenting time for both parents with their children is encouraged. The court recognizes that,
if at all possible, parents should create their own schedule for parenting their children. Sample parenting schedules are available for your review and consideration to assist you in the creation of your own parenting schedule. These samples may be obtained from the court or the mediation service.
This particular schedule may or may not be appropriate for you and your children. As parents, you
are encouraged to review this schedule and the other sample schedules to determine what is in the best interests of your children.
If this schedule is used, specific items in the judgment entry take precedence over this schedule. The
court will make changes or modifications to this schedule as it determines in the best interests of your children and will modify this schedule for infants and as may be necessary and other special circumstances.
PARENTING TIME BETWEEN THE CHILDREN AND THE PARENT WITH WHOM THE CHILD IS
NOT THEN RESIDING SHALL TAKE PLACE AT SUCH TIMES AND PLACES AS THE PARTIES
MAY AGREE, BUT WILL NOT BE LESS THAN:
1. Weekends: Alternate weekends from Friday at 7 p.m. until Sunday at 7 p.m.
2. Weekdays: One weekday evening per week. If the parties cannot agree as to the day and times, then it shall be Tuesday between 5 p.m. and 7:30 p.m.
3. Holidays: Unless otherwise agreed, the parents shall alternate holidays on a yearly basis in accordance with the following schedule:
Even-Numbered Years Odd-Numbered Years As Agreed, OR
Martin Luther King Day Mother Father Sun. 7 p.m.-Mon. 7 p.m.
President’s Day Father Mother Sun. 7 p.m.-Mon. 7 p.m.
Easter Father Mother Sat. 7 p.m.- Sun. 7 p.m.
Memorial Day Mother Father Sun. 7 p.m.- Mon. 7 p.m.
July 4th Father Mother 7/4 10 a.m. – 7/5 9 a.m.
Labor Day Mother Father Sun. 7 p.m. – Mon. 7 p.m.
Thanksgiving Father Mother Wed. 7 p.m. – Fri. 7 p.m.
Christmas Eve Mother Father 12/23 7 p.m.–12/24 9 p.m.
Christmas Day Father Mother 12/24 p.m. – 12/25 9 p.m.
New Years Eve Day Mother Father 12/31 5 p.m. – 1/1 9 p.m.
A. A holiday that falls on a weekend should be spent with the parent that is scheduled to have the
children for that holiday. The rest of the weekend is to be spent with the parent who would normally
have that weekend pursuant to Paragraph one above.
4. School Breaks
A. Spring Break: Father will have spring break in the odd numbered years and Mother will have spring break in the even numbered years.
B. Christmas School Break: Mother will have Christmas school break until December 24th at 9 p.m. in the even numbered years. Father will have from December 24th at 9 p.m. until the end of the break in even numbered years. In the odd years, the time periods will reverse.
Breaks begin at 7 p.m. on the last day of school before the break and ends at 7 p.m. the night before school resumes.
A holiday that falls during the spring break or Christmas break shall be spent with the parent that is
scheduled to have the children for that holiday as provided above. The rest of the break shall be spent with the parent who has that portion of the break for that year as provided above.
5. Other Days
A. Mother’s Day and Father’s Day shall be spent with the appropriate parent. The hours are as
agreed, or 9 a.m. to 7 p.m. The rest of the weekend is spent with the parent who would normally
have that weekend.
B. Birthdays: Unless otherwise agreed, the child shall celebrate his/her birthday in the home of the residential parent unless the birthday is on a day the other parent has scheduled for parenting time.
C. Other days of special meaning, such as religious holidays, should be decided together, written into the Court Order, and alternated as above.
6. Summer Vacation and Extended Parenting Time: Unless otherwise agreed, the non-residential parent shall have extended summer parenting time with the children commencing at 7 p.m. on the third Sunday of July and continuing until the last Friday at 7 p.m. before school commences. Alternate weekend parenting times for each parent shall continue throughout the summer unless otherwise agreed. Summer school, necessary for the child to pass the next grade, must be attended.
7. Vacations: Each parent may arrange a vacation of not more than two (2) weeks with the children per year. The two weeks may be consecutive or nonconsecutive. If the vacation is during the summer school vacation period, the non-residential parent shall schedule his/her two weeks vacation during his/her extended summer parenting time. The residential parent shall arrange his/her vacation outside of the extended parenting time period of the non-residential parent. Unless otherwise agreed, vacation time shall not interfere with either parent’s alternate weekends parenting time. Each parent must provide the other parent with destination, times of arrival and departure, and method of travel for extended parenting time outside the parent’s community.
8. Transportation: The non-residential parent is responsible for all transportation required to pickup the minor children for that parent’s parenting time. The residential parent is required to provide all transportation to return the children after the end of the parenting time period.
9. Waiting: The residential parent need not wait longer than thirty (30) minutes past the required pickup time. If a visiting parent is late for pickup, said parent, at the discretion of the residential parent, forfeits parenting time for the period. The residential parent is expected to act in good faith and consider reasonable explanations for the delay. Both parents are expected to make reasonable effort to be prompt in the pickup and return of the children during parenting time. Being habitually late, and/or not exercising parenting time with the children, may not be in the children’s best interest. Should a parent be habitually late in either picking up the children for parenting time, and/or picking up the children at the end of parenting time, or habitually miss entire parenting time periods, appropriate relief may be granted by the Court as provided by law.
10. Cancellations and Illnesses: If a child is ill, the parent with whom the child is then residing should give 24-hour notice of the illness, if possible, to the other parent so that appropriate plans can be made. Loss of parenting time because of sickness of a child and/or family emergencies, weather emergencies and similar problems, may be made up upon the request of the visiting party made, in writing, to the other parent within thirty (30) days after the cancelled parenting time. Said makeup time shall be as agreed to by the parties. Each party should cooperate in good faith to assure the makeup time is achieved. All other cancellations result in forfeiture.
11. Extracurricular Activities/Sports: It is the best interest of the children, that they be encouraged to participate in extracurricular activities and sports. Each parent shall make reasonable efforts to assure that this continues. The residential parent shall not schedule extracurricular activities for the children during parenting times of the other parent without first consulting that parent. The final determination as to whether the children should attend the extracurricular activity during the parenting time shall be left up to the parent scheduled to have parenting time at the time of the activity. Each parent who encourages and enrolls the children in any extracurricular activity shall provide the other parent with notice of all of the activities including schedules, if available, and the names and telephone numbers of the adult persons responsible for the activity, if available. If there is no written schedule, said parent shall orally provide the other parent with the information concerning the activity.
12. Moving: Upon either parent learning or determining, whichever occurs first, that he/she will be moving, he/she shall immediately notify the other parent and provide the other parent with the moving date, new residence address and telephone number, and such other pertinent information as necessary. The parent shall attempt, in good faith, to negotiate an appropriate and beneficial new parenting time schedule. If they are unable to do so the non-custodial parent shall, at a minimum, be entitled to parenting time in accordance with the Court’s parenting time schedule for the applicable distance including the sharing of the costs of transportation and telephone expenses until a Court order modifying parenting time is entered.
13. Assess to Records: Unless otherwise ordered, the non-residential parent shall have access to all medial records of the minor children, as defined in the Court’s Schedule C, Paragraph 3, and may consult with any treating physician, specialist or other health care provider of the children. The residential parent shall execute any authorizations or releases necessary to release these records and documents to the nonresidential parent. Each parent shall notify each other of any health problems of the children. The nonresidential parent shall have the same access as the residential parent to the children’s school records. The non-residential parent shall have the right to participate in parent-teacher conferences, school trips, school programs, and other school events in which parents are invited to participate. The parent receiving the grade card shall give a copy to the other parent within three (3) days of receipt.
14. Telephone Access: Both parents are encouraged to provide the other parent reasonable and flexible telephone access to the children. The residential parent must provide, at minimum, telephone communication between the children and the non-residential parent at least one time per week. If the parents do not otherwise agree as to the time, then it shall be 7 p.m. each Tuesday night for preschool through third grades and 9 p.m. each Tuesday for all others.
15. Current Address and Telephone Number: Each parent must keep the other parent informed of their current address and telephone number and any changes in said information, as a pre-requisite to parenting time.
Schedule B Long Distance Parenting Time Guidelines (Over 150 Miles One Way)
Liberal parenting time for both parents with their children is encouraged. The court recognizes that, if
at all possible, parents should create their own schedule for parenting their children. Sample parenting schedules are available for your review and consideration to assist you in the creation of your own parenting schedule.
These samples may be obtained from the court or the mediation service.
This particular schedule may or may not be appropriate for you and your child(ren). As parents, you
are encouraged to review this schedule and the other sample schedules to determine what is in the best interests of your child(ren).
If this schedule is used, specific items in the judgment entry take precedence over this schedule. The
court will make changes or modifications to this schedule as it determines in the best interests of your child (ren) and will modify this schedule for infants and as may be necessary for other special circumstances.
PARENTING TIME FOR THE NON-RESIDENTIAL PARENT IS TO TAKE PLACE AT SUCH
TIMES AND PLACES AS THE PARTIES MAY AGREE.
THIS SHALL NOT BE LESS THAN:
1. Christmas: School vacation in the odd numbered years.
2. Spring Break or Easter if no Spring Break: School vacation in the odd-numbered years.
3. Alternative Holiday Plan: Those who wish more frequent contact, and who develop a plan to pay for transportation, may have half of Easter vacation, half the summer, alternate-year Thanksgiving, and half of Christmas vacation each year. The holidays themselves may be alternated, as the parties agree, or Easter and Thanksgiving in the odd-numbered years and Christmas in the even-numbered years for the non-residential parent. Unless otherwise agreed, the Thanksgiving Holiday shall be from 7 p.m. Wednesday to 7 p.m. on Friday.
4. Summer Parenting Time: Summer parenting time, unless otherwise agreed, shall start the first Saturday after school is out at 12 p.m. and end the first Saturday in August, at 12 p.m. Summer school, necessary for the child(ren) to pass the next grade, must be attended. If this occurs, makeup time may be added in August. The primary residential parent shall notify the non-residential parent by March 15 of when the summer vacation begins and ends. The non-residential parent must notify the primary residential parent as to his/her intentions by April 15.
a) The child(ren) and primary residential parent must be allowed to communicate by telephone once per week. The calling party shall bear the expense.
b) Each parent must provide the other parent with destination times of arrival
and departure, and method of travel for the summer parenting time, if said parent takes a
vacation and/or a trip with the child(ren) outside of that parent’s community.
5. Additional Parenting Time:
a) Weekend: A once-a-month, weekend visit to the non-residential home will be permitted. The
primary residential parent must be notified at least one week advance. The non-residential parent
must bear the transportation costs.
b) Father’s Day or Mother’s Day can always be spent with the appropriate parent subject to the
visiting parent bearing travel expenses.
c) There may be times, not on the parenting time schedule, when the residential parent and child
(ren) are traveling and are in the area where the non-residential parent lives; or times when the
non-residential parent is traveling and is the area where the child(ren) live. If either is the case,
then the traveling parent shall notify the other parent of the dates and time when said traveling
parent will be in the area of the other parent. If the parent, who does not have possession of the
child(ren), wishes to have parenting time, both parents should attempt to negotiate a reasonable
time for said parenting time. If the parents cannot agree, the parenting time shall be the length
of time requested by the parent who does not have possession of the child(ren), or a 48-hour period,
whichever is less. Unless the parties agree otherwise, however, these parenting opportunities
shall be limited to one (1) per month.
6. Transportation: Unless otherwise agreed, the non-residential parent is responsible for all transportation required for that parent’s parenting time. Responsibility for transportation costs should be decided in advance and a plan written into an Order of the Court.
7. Waiting: The party having physical custody of the child need not wait longer than thirty (30) minutes
past the required pickup time for visitation and companionship. If the party who is to exercise visitation and companionship is more than thirty (30) minutes late for pickup, said visiting party, at the discretion of the custodial party, forfeits parenting time for that period. The custodial party is expected to act in good faith and shall consider all reasonable explanations for the delay. All parties are expected to make reasonable efforts to be prompt in the pickup and return of the child(ren) during parenting time. Being habitually late, and/or not exercising parenting time with the child(ren), may not be in the child(ren)’s best interest. Should a party be habitually late in either picking up the child(ren) for parenting time, and/or picking up the child(ren) at the end of parenting time, or habitually miss entire parenting time periods, appropriate relief may be granted by the Court as provided by law.
8. Cancellations and Illnesses: If a child is ill, the parent with whom the child is then residing should
give 24-hour notice of the illness, if possible, to the other party so that appropriate plans can be made. Loss of parenting times because of sickness of a child and/or family emergencies, weather emergencies and similar problems, may be made up upon the request of the visiting party, in writing, to the other parent within thirty (30) days after the cancelled parenting time. Said makeup time shall be as agreed to by the parties. Each party should cooperate in good faith to assure the makeup time is achieved. All other cancellations result in forfeiture.
9. Moving: Upon either parent learning or determining, whichever occurs first, that he/she will be moving, he/she shall provide the court with any notifications required by law. In addition, he/she shall immediately notify the other parent and provide the other parent with the moving date, new residence address and telephone number, and such other pertinent information as necessary. The parents shall attempt, in good faith, to negotiate an appropriate and beneficial new parenting time schedule. If they are unable to do so the nonresidential parent shall, at a minimum, be entitled to parenting time in accordance with the court’s parenting time schedule for the applicable distance, including the sharing of the costs of transportation and telephone expenses until a court order modifying parenting time is entered.
10. Access to Records: Unless otherwise ordered, the non-residential parent shall have access to all medical records of he minor child(ren), as defined in this Court’s Schedule C, Paragraph 3, and may consult with any treating physician, specialist or other health care provider of the child(ren). The residential parent shall execute any authorizations or releases necessary to release these records and documents to the nonresidential parent. Each parent shall notify the other of any health problems of the child(ren). The non-residential parent shall have the same access as the residential parent to the child(ren)’s school records. The non-residential parent shall have the right to participate in parent-teacher conferences, school trips, school programs, and other school events in which parents are invited to participate. The parent receiving the grade card shall give a copy to the other parent within three (3) days of receipt.
11. Telephone Access: Each parent is encouraged to provide the other parent reasonable and flexible telephone access to the child(ren). The residential parent must provide, at a minimum, telephone access between the child(ren) with the non-residential parent, at least one time per week. If the parents do not otherwise agree as to that time, then it shall be at 7 p.m. each Tuesday night for preschool through third grades and 9 p.m. each Tuesday for all others.
12. Clothing: Unless otherwise agreed, the residential parent is responsible for providing sufficient and appropriate clothing for every parenting time period, based on the lifestyle of the residential parent and child (ren). If the planned activities require special or unusual clothing needs, the non-residential parent must notify the residential parent at least two (2) weeks in advance of the parenting time. If the child(ren) do(es) not have the type of clothing requested, the residential parent is under no obligation to comply with the request. All clothing sent by the residential parent must be returned immediately after the parenting time. Additionally, unless otherwise agreed, any clothing purchased by the non-residential parent, and which the child(ren) are wearing upon their return to the residential parent after parenting time, shall be returned by the residential parent to the non-residential parent at the next parenting time period.
13. Current Address and Telephone Number: Each parent must keep the other informed of his/her current address and telephone number at all times, as a prerequisite to parenting time.