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Franklin County Local Rule 27, Domestic Relations and Juvenile Rule 22

July 11, 2008

(web page last updated 10-26-11)

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:

FRANKLIN COUNTY LOCAL DOMESTIC COURT RULE 27/LOCAL JUVENILE COURT RULE 22


RULE 27:

MODEL PARENTING TIME SCHEDULE

LOCAL DOMESTIC COURT RULE 27 / LOCAL JUVENILE COURT RULE 22

MODEL PARENTING TIME SCHEDULE
FRANKLIN COUNTY COMMON PLEAS COURT
DOMESTIC AND JUVENILE DIVISIONS

FOR PARENTS TRAVELING UNDER 90 MILES ONE WAY:

This schedule is merely a guideline for parenting time.  It is the parties’ responsibility to tailor this schedule as necessary to meet the best interests of their children and their situation before the schedule becomes a court order.

Liberal parenting time arrangements are encouraged, as contact with both parents is important to the children.  Specific items in the Journal Entry take precedence over this schedule.  Changes or modifications can be made by the Court if need for such is shown.  This schedule does not affect support payments.

Activities you engage in with your children, skills you teach them, or friends you help them make will make their time with you more rewarding.  Additionally, regardless of how much time each parent spends with the children, there are many opportunities to be involved in their lives, such as participation and attendance at their school, sporting and extracurricular activities.

PARENTING TIME BETWEEN THE CHILDREN AND THE NON-RESIDENTIAL PARENT 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 6:00 p.m. until Sunday at 6:00 p.m.  This alternating weekend schedule shall not change, even when interrupted by holiday and birthday, summer and/or vacation parenting time.  (See Section 5a below)

2.  Weekdays:  One weekday evening per week from 5:00 p.m. to 8:00 p.m. which shall be Wednesday unless otherwise agreed and designated herein as:

_____________________________________________________________________________________________

3.  Extracurricular Activities:  Regardless of where the children are living, their participation in existing and renewed extracurricular activities, school related or otherwise, shall continue uninterrupted.  The parent with whom they are residing at the time of the activity shall provide the transportation to these activities.  Notice of all extracurricular activities, school related, or otherwise, in which the children participate, schedules of all extracurricular activities (handwritten, if no formal schedule is provided by the activity) and the name of the activity leader (including address and telephone number if reasonably available) shall be exchanged between the parents.

4.  Pre-School Age:  Unless otherwise agreed, pre-school age children follow the same schedule of school age children in the school district where they live regardless of whether or not other school age children live in the family.  Frequent contact with both parents each week is recommended for very young children.

5.  Holidays (includes birthdays):  In odd-numbered years, Mother has Spring Break, Memorial Day, Labor Day, and the first half of Winter Break.  In odd-numbered years, Father has Martin Luther King’s Day, Fourth of July, Thanksgiving, and the second half of Winter Break.  In the even-numbered years, the schedules are reversed.

a.  In the event of a conflict between regular parenting time and holiday parenting time, holiday parenting time prevails.  The alternating weekend parenting time schedule continues, however, as if the holiday had not intervened.  This means that one parent may have the children three weekends in a row.  This process equalizes itself over the course of time for each parent.

For any holiday falling on a Monday or Friday, if the weekend immediately preceding or following the holiday parenting time is spent with the same parent, there is no need for that parent to return the children that evening and then pick them up the next morning.  For a holiday falling on a Friday, parenting time commences Friday a.m. and continues to Sunday evening; or for a holiday falling on a Monday, parenting time commences Friday evening and continues to Monday evening.

b.  Mother’s Day and Father’s Day and, the parent’s birthdays only when they fall on a Saturday, Sunday, or holiday, are to be spent with the appropriate parent.  These are as agreed or 10:00 a.m. to 7:00 p.m.  These do not have to be made up.

c.  Other days of special meaning, such as Religious Holidays, etc., (i.e., New Year’s Eve and Day, Kwanzaa, Passover, Easter, Rosh Hashanah, Christmas Eve, Christmas Day) should be decided together, as follows:____________________________________________________________________________________

d.  Hours for parents who can not agree are as follows:  Martin Luther King Day (9:00 a.m. to 7:00 p.m.); Spring Break (6:00 p.m. on the day school is out to 7:00 p.m. the day before school recommences); Memorial Day and Labor Day (6:00 p.m. Friday to 6:00 p.m. Monday); July 4th (9:00 a.m. to 9:00 a.m. the next day); Thanksgiving (6:00 p.m. Wednesday to 6:00 p.m. Sunday); Winter Break (first half commences at 6:00 p.m. the last day of school before Winter Break begins, until December 25 at 1:00 p.m.;  second half commences at 1:00 p.m. December 25 until 6:00 p.m. the day before school recommences).

e.  48-hour notice should be given by the parent with whom the holiday is being spent for any arrangements for out of town travel on the holidays or of a change in pick-up/return times.

f.The children’s birthdays should be alternated per child, between the parents and on an annual basis.  In the event of conflict, birthday parenting time shall prevail over holiday parenting time.  If the parents are unable to agree, Mother shall have the children on their birthdays in odd numbered years, and Father shall have the children on their birthdays in even numbered years. Hours for parents who cannot agree are 4:00 p.m. to 8:00 p.m.  Brothers and sisters attend the birthday event.  These do not have to be made up.

6.  Summer: In odd numbered years, Mother shall have parenting time with the children the first half of the summer, and Father shall have parenting time with the children the second half of summer.  This schedule reverses in even numbered years.  The summer school vacation commences the day after the children are out of school and continues until seven (7) days before school begins.  Each parent’s time is calculated by taking the number of intervening weeks (full and/or partial) and dividing in half.

Weekday and alternating weekend parenting time shall be exercised by the parent who is not exercising his/her half of the summer.

7.  Vacations:  Each parent may arrange an uninterrupted vacation of not more than two (2) weeks with the children.  Each parent shall schedule this vacation during his/her half of the summer.   A general itinerary of the vacation shall be provided for the other parent, including dates, locations, addresses, and telephone numbers.  Holiday and birthday celebrations with either parent shall not be missed, requiring scheduling of the vacation around these events or that the missed occasion be made up.  Alternate weekend parenting time with the other parent is missed during vacation, and there is no requirement that it be made up.

8.  Telephone Access:

a.Children can call either parent as often as they wish, at reasonable times, so long as the call is collect, if it is a long distance call.

b.In addition, the non-possessory parent shall be entitled to telephone communication with the children not less than three times per week for not less than 15 minutes per call.

c.Possessory parent shall not interfere with or stop the telephone communication.

9.  Transportation: The parties shall divide the transportation equally.  The parent who is exercising parenting time shall pick up the children.  Unless otherwise ordered by the court or agreed by the parents, drop off/pick up shall be at the parents’ respective homes.

10.  Moving:  Upon either parent learning that he/she will be moving, he/she shall immediately notify the other parent except in those circumstances wherein notice is not required by R.C. 3109.051(G), and provide the other parent with the moving date, new residence address and telephone number, and such other pertinent information necessary to effectuate a smooth move for the children.  The parents shall attempt, in good faith, to renegotiate an appropriate and beneficial new parenting time schedule.

11.  Waiting: Neither parent shall be more than 30 minutes late picking up the children.  If the non-residential parent has not arrived to pick up the children within the 30 minute period, parenting time is forfeited and shall not be made up.

12.  Cancellation:  The non-residential parent should give 24 hour notice to cancel.  The time canceled by the non-residential parent is forfeited.

13.  Illness: If a child is ill, the residential parent should give 24 hour notice, if possible, so appropriate plans can be made.  However, if any parenting time, weekend, holiday/birthday, or vacation is missed due to non-emergency and/or critical illness, then any missed parenting time shall be made up as provided in paragraph 14.

14.  Make-Up Parenting time:  Any make-up parenting time required by this schedule shall occur the first weekend of the other parent immediately following the missed parenting time and shall continue during the other parent’s weekends until made up in full, including partial weekends.

15.  Current Address and Telephone Number:  Except as provided in the court order, each parent shall keep the other informed of his/her current address and telephone number at all times.

Emergency Contact:  Both parents shall at all times, regardless of whether the children are with him/her, provide the other parent with a telephone number for contact in the event of an emergency.

16.  Car Seat:  For any and all children required by law to ride in a car seat, the parents shall transfer the car seat with the child as parenting time exchanges occur.

17.  Clothing:  The parents shall cooperate in the exchange of the children’s clothing prior to and following parenting time.

MODEL PARENTING TIME SCHEDULE

FRANKLIN COUNTY COMMON PLEAS COURT

DOMESTIC AND JUVENILE DIVISIONS

FOR PARENTS TRAVELING OVER 90 MILES ONE WAY

This schedule is merely a guideline for parenting time.  It is the parties’ responsibility to tailor this schedule as necessary to meet the best interests of their children and their situation before the schedule becomes a court order.

Liberal parenting time arrangements are encouraged, as contact with both parents is important to the children.  Specific items in the Journal Entry take precedence over this schedule.  Changes or modifications can be made by the Court if need for such is shown.  This schedule does not affect support payments.

Activities you engage in with your children, skills you teach them, or friends you help them make will make their time with you more rewarding.  Additionally, regardless of how much time each parent spends with the children, there are many opportunities to be involved in their lives, such as participation and attendance at their school, sporting and extracurricular activities.

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

1. Pre-School Age: Unless otherwise agreed, pre-School age children shall follow the same schedule as school age children in the school district where they live, whether or not a school age child resides in the family. Frequent contact with both parents is recommended for very young children.

2. Winter Break:  Winter Break will be divided in half and alternated annually, by half, between the parents.

3.  Spring Break:  The non-residential parent shall be entitled to the entire school vacation (the day school is out to the day before school recommences) in odd-numbered years.

4.  Summer:  Each parent shall be entitled to one half of the school summer vacation.  Summer school necessary for the child(ren) to pass to the next grade must be attended.  The 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 residential parent as to their intentions by April 15.

a.If the parties cannot agree which half of the summer they prefer, in the even-numbered years, the first half of the summer shall be spent at the home of the non-residential parent, and in the odd-numbered years, the second half.

b.A general itinerary should be provided either parent if more than 2 days will be spent away from either home when the children are in that parent’s care.

5.  Vacations:  Each parent may arrange an uninterrupted vacation of not more than two weeks with the children.  If this includes a trip away from home a general itinerary of the vacation shall be provided for the other parent, including dates, locations, addresses, and telephone numbers.

6.  Additional Parenting time:

a.  Weekend:  A once-a-month, weekend visit to the non‑residential parent’s home shall be permitted if the child’s traveling time does not exceed THREE AND ONE HALF HOURS, one way.  The residential parent must be notified at least one week in advance.  THE NONRESIDENTIAL PARENT SHALL PROVIDE THE TRANSPORTATION FOR WEEKEND PARENTING TIME.

b.  Father’s Day and Mother’s Day should always be spent with the appropriate parent.

c.  The non‑residential parent shall notify the residential parent as least two days in advance of any time the non‑residential parent will be in the area and wants parenting time.  Absent extraordinary circumstances, this parenting time shall occur.

d.  The residential parent shall notify the non‑residential parent at least two days in advance when the residential parent and child(ren) will be in the area of the non‑residential parent, and parenting time must be allowed.

7.  Telephone Access:

a.Children can call either parent as often as they wish, at reasonable times, so long as the call is collect if it is a long distance call.

b.In addition, the non-possessory parent shall be entitled to telephone communication with the children not less than three times per week for not less than 15 minutes per call.

c.  Possessory parent shall not interfere with or stop telephone communication.

8.  Transportation:  Responsibility for transportation costs should be decided in advance and a plan written into an Order of the Court.  The costs of transportation, in the appropriate case, may be a basis for deviation from the child support schedule.  Parties shall also decide and provide in the plan where the child(ren) shall be picked up and dropped off.

9.  Moving:  Upon either parent learning or determining, whichever first occurs, that he/she will be moving, he/she will 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 necessary to effectuate a smooth move for the children.  The parents shall attempt, in good faith, to renegotiate an appropriate and beneficial new parenting time schedule.

10.  Current Address and Telephone Number:  Except as provided in the court order, each parent shall keep the other informed of his/her current address and telephone number at all times.

Emergency Contact:  Both parents shall at all times, regardless of whether the children are with him/her, provide the other parent with a telephone number for contact in the event of an emergency.

11.  Car Seat:  For any and all children required by law to ride in a car seat, the parents shall transfer the car seat with the child as parenting time exchanges occur.

12.  Clothing:  The parents shall cooperate in the exchange of the children’s clothing prior to and following parenting time.

(Effective July 1, 1991; Amended eff. 7/1/93; 7/1/99; 7/1/04)

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1 M

Virginia,

I love you. Thanks for providing all this information on your site and making it user friendly. I’ve been searching for an attorney to meet my need for weeks and I ran across your page. All my questions were answered and I got the forms I need to file with the court. Only if I could afford you to represent me would be icing on the cake.

Thanks for the info,
MG

2 Anonymous

I am trying to follow the guidelines, I have a question you may, or may not be able to answer.
In a case where one parent is given full custody by a judge, where it has been deemed (right or wrong), the mother is not capable of caring for her children, and the judge gives custody to the father anyway in spite of his history, what can the mother do, IF the father then completely disappears with the children?
The father lives in Ohio, and the mother in KY. According to a court appointed attorney in KY., in the case a father has full custody, and fails to let the mother see the children, ignores all attempts by the mother to communicate to her children or the father, changes his last name, and refuses all contact making the children’s location a secret, the mother cannot do anything. Maybe she can try to get visitation, but the attorney claims that the judge wouldn’t probably grant ANY visits, given her attitude and personal opinion of the mother.
***(the same judge disregarded the fact that the eldest child (5 yrs.) had claimed sexual abuse by their father when interviewed by Children’s Advocacy, a detective, and a police officer. The child (he) gave enough information on video, that the counselor’s opinion was that the protection order would remain as needed, and the father would not likely be able to visit the children without supervision, but unsure of any legal action, because the father’s residence had changed to OH. )
The children have now lived in OH for over 4 years, going on 5, so the children’s home state would be OH. What court would have to be petitioned to request visitation for the mother/ grandparents?
If it were KY, where the mother resides, is there a way she can request another courthouse, or judge (if she feels the judge has been biased towards her)?
Is there a chance the mother wouldn’t get ANY visitation rights AT ALL, because the father has full custody, and therefore, if he refuses it is his choice? Isn’t it widely believed that if the request is reasonable, it is in the child’s best interest, it is usually accommodated?
I just am asking if there is ANY chance that the mother especially, or the grandparents could get some kind of regular visitation rights, since the father has evaded the children’s other family entirely. He previously “dumped” the children after “stealing” them to OH, when the mother ended their relationship. They were in and out of court to the tune of $3,000.00 plus for almost 2 years. After he met another woman online, he left the children with the mother for about 2 years, not even attempting to call them but a couple times a month. At the end of those 2 years, is when the mother lost the children, because the court appointed attorney, mentioned above, demanded the mother plead guilty to negligence, because he believed if she didn’t the judge would be angry, and plead guilty for her. The case involved, was unsubstantiated, and involved the boyfriend of the mother, and not the mother….the boyfriend happened to reside with the mother and children.
PLEASE forgive me for being too lengthy with my question, but there are so many components to a situation that may determine the answer to the aforementioned question more accurately.
Thank you for reading this and please be patient with your reply.

3 Anonymous

My husband and I have been planning a vacation trip for awhile now ( in a little over a week). We have been looking forward to this family vacation for some time and just recently spent several hundreds of dollars on clothing and accessories for his daughter and this trip. Just a few days ago, however, his daughter’s mother stated that she is refusing to let her daughter go on this vacation with us. The two of them have a court-ordered shared parenting plan with no specific agreements other than what is listed under Rule 27. In this documentation it clearly states that the father is to have, on even numbered years, the first half of summer vacation beginning the day after the child is released from school. Is this information correct? Is she able to deny my husband his visitation rights for summer and/or vacation? We have made several attempts to work with her and she understands she could possibly be In Contempt of Court, and she states that she isn’t doing anything wrong. Is it possible to have a law enforcement officer meet us at her residence at that time, with proof of visitation, to help get his daughter for his visitation? What steps can we take to ensure his child will not miss yet another vacation as she has in the past just because of her mother’s anger and bitterness towards her father?

4 Anonymous

what about traveling out of the country for vacation 2 weeks or less? any specific restrictions?

5 Anonymous

I have been divorced for 2 years. During the first year there was a verbal agreement that each parent would spend a Thanksgiving and Christmas with the kids. This was done on the even year so the wife started with having the kids for Thanksgiving and Christmas. Now that it is my turn to have them for Thanksgiving and Christmas, she wants to disagree and enforce the visitation schedule. All I have is a text message with her asking me to work with her for visitation for Christmas. I said no, since they have not spent Christmas with me for the past 2 years. During the separation, the children spent both holidays with her and her family. Last year, the children spent both holidays with her as well. I agree we should follow visitation schedule starting 2012 since it is always a problem during my visitation time. However, all I want is for the verbal agreement to remain until 2012. Do I have a leg to stand on in court for 2011 Christmas?

6 M

also can a parent move to another state for just the sole reason to get away from the other parent and try to give the boyfriend the father role

7 M

so my sons babys mom is not letting him see the baby or call and we did not do anything to cause an issue. does the court frown on this . she is known for leaving state and going to her boyfriends and friends and does not have stability for him.

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