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Guernsey County, Ohio Standard Visitation for Domestic Relations

(web page updated 12-5-09)

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:

EXHIBIT H

IN THE COURT OF COMMON PLEAS

GUERNSEY COUNTY, OHIO

Effective the 1st day of January, 2004, the Court does hereby adopt the following as Standard Parenting Time Guidelines. The Standard Parenting Time Guidelines shall constitute the visitation order in each domestic relations case involving minor children, unless the parties agree to a different specific visitation schedule or the Court orders otherwise. These guidelines are an order of the Court, however, they are a minimum amount of visitation and the parties may agree to expand the visitation. Children need continued meaningful exposure to both parents and need the continuing and regular involvement of both parents to feel loved. It is hoped that each parent will be flexible on visitation based upon the changing needs of a child as that child grows older.

STANDARD ORDER OF PARENTING TIME

1. The non-residential parent shall have parenting time on alternate weekends from Friday evenings at 6:00 p.m. to Sunday evenings at 6:00 p.m. Additionally, there shall be one weekday parenting time experience with the non-residential parent each week, taking into account the parents’ work schedules, the child(ren)’s school schedule and the distance between the parents’ homes. This parenting time shall be Wednesday from 5:30 p.m. until 8:00 p.m. unless otherwise agreed to by the parties.

2. The children and/or the residential parent have no duty to await the visiting parent for more than thirty (30) minutes of the parenting time. A parent late more than thirty (30) minutes shall forFeit that parenting time period. If the non-residential parent cannot exercise parenting time, 24 hour notice must be given to the residential parent and the child(ren).

3. For the purpose of parenting time, there are eight (8) holidays to be divided between the parents and take precedent over the parenting time schedule of paragraph one (1) herein:

(1) Martin Luther King Day                          (2) Easter

9:00 a.m. to 7:00 p.m.                                  * Saturday 6:00 p.m. to Sunday 6:00 p.m.

(3) Memorial Day                                          (4) July Fourth

9:00 a.m. to 7:00 p.m.                                  * 9:00 a.m. on the 4th to 9:00 p.m. on the 5th

(5) Labor Day                                                 (6) Halloween (Beggar’s Night)

9:00 a.m. to 7:00 p.m.                                       * 4:30 p.m. to 7:00 p.m.

(7) President’s Day                                       (8) Thanksgiving

9:00 a.m. to 7:00 p.m.                                       * Wednesday 6:00 p.m. to Friday 6:00 p.m.

In the odd-numbered years the residential parent shall have the child(ren) in Group A (left column) and the non-residential parent shall have parenting time in the Group B (right column). In the even numbered years, the non-residential parent shall have the Group A holidays and the residential parent, the Group B holidays. If the parent with the Monday holiday has the weekend prior, the children do not need to be returned home on Sunday night but may remain with that parent until Monday night at 7:00 p.m. (See paragraph 8.)

4. Winter/Christmas Vacation: The Christmas/Winter break will be divided and alternated annually between the parents. Said time periods shall be determined by the school district which the child attends, or if the children are not of school age, the district of the residential parent and the residential parent shall have the child(ren), in even year, from the day school is out until December 25, at 10:00 a.m. In even years the non-residential parent shall have parenting time with the child(ren) from December 25 at 10:00 a.m. until 6:00 p.m. the day before school reconvenes. In the odd numbered years, the non-residential parent shall have extended Christmas/Winter parenting time from 6:00 p.m. from the day school is let out to December 25 at 10:00 a.m. and the residential parent beginning December 25 at 10:00 a.m.

5. On Mother’s Day and Father’s Day, no matter whose turn for parenting time, the child(ren) shall be with the appropriate parent on those holidays.

6. The child shall celebrate its birthday in the house of the residential parent in odd numbered years and in the house of the non-residential parent in even numbered years. The parent not having parenting time on the child’s birthday may have a separate birthday party if desired.

7. The non-residential parent shall have two (2) separate two (2) week periods of parenting time each summer. The residential parent must have at least one (1) weekend of parenting time prior to the non-residential parent exercising his/her second two (2) week period. The residential parent shall have one (1) two (2) week period and one (1) one (1) week period of parenting time each summer. The non-residential parent shall have at least one (1) weekend of parenting time prior to the residential parent exercising the second portion of his/her vacation period. A week for parenting time during the summer vacation period shall be defined as Friday at 6:00 p.m. to Friday at 6:00 p.m., unless otherwise agreed to by the parties, and these periods shall take the place of the regular schedule in paragraph 1 of this Standard Order of Parenting

Time as set forth above; i.e. these summer vacation weeks are uninterrupted by the other parents’ weekends. Parents must submit their vacation dates to the other parent in writing not less than 60 days prior to the school break. If there is a conflict, the opposing party must notify the other parent within seven days. If the conflict cannot be resolved between the parties, they must submit the matter in writing to the Court for mediation within 45 days prior to the summer break. If the parties fail to submit the matter to the Court in a timely manner, the parent who first submitted the requested dates to the other party shall receive those dates for vacation.  Failure to comply with this provision will not result in a forfeiture of summer parenting time, but may result in summer parenting times other than requested.  Summer vacation period is determined by the school district which the children attend, or if the children are not of school age, the vacation period is determined by the school district of the residential parent. The summer vacation shall run from the day after the last day of school until one week prior to school starting.

Child support does not abate for any period of parenting time.

8. Unless otherwise stated all holidays, Mother’s day, Father’s day, extended summer visitation and birthday visitations shall be from 9:00 a.m. until 7:00 p.m. where the day after the visitation is a school day or from 9:00 a.m. until 9:00 p.m. where the day after the visitation is a non-school day.

9. In the event that a regularly scheduled weekend parenting time period is canceled because of the child’s illness, the parenting time shall be made up the next weekend. Any holiday parenting time canceled because of a child’s illness shall be made up within two (2) weeks.

10. The non-residential parent shall bear the transportation expense necessary for exercising parenting time.

11. Parenting time does not mean picking up the child(ren) and then leaving them with someone else. If circumstances so require, however, another responsible adult, such as a grandparent, may pick up the child(ren) for parenting time and/or watch the child(ren) for a short period of time. One example of a situation requiring such an arrangement is where the parent exercising parenting time cannot get off work in time to pick up the child(ren).

12. The residential parent shall send with the child(ren) on parenting time, clean clothing

appropriate to the season and sufficient to last the entire visitation period. The residential parent shall send sufficient bottles, car seat, formula, diapers and all prescription or non-prescription medication taken by the child(ren) along with written instructions for the administration of the same and the name and telephone number of the physician. All bottles and unused supplies sent by the residential parent shall be returned with the child(ren) as well as all clothing, which shall be cleaned by the non-residential parent.

13. If the residential parent intends to move his/her residence, the residential parent  shall immediately file a written notice with the Clerk of Courts. The written notice shall include the following:

a) The case number under which the original visitation order was issued;

b) The residential parent’s name, old address, and new address; and

c) The non-residential parent’s name and present address. Upon receipt of this notice,

the Clerk shall file the original and send the non-residential parent a copy of the notice.

14. Notwithstanding paragraph 13, the residential parent shall not remove the child(ren)’s residence from the State of Ohio without first obtaining a modified visitation order from the Court.

15. Subject to Ohio Revised Code Section 2301.35(G)(2) and 3319.321(F), the non-residential parent shall be entitled to access to any record related to the child(ren) under the same terms and conditions that access is provided to the residential parent.

NOTICE TO KEEPER OF RECORDS: Knowingly failing to comply with this order and

with Section 3109.051(H) of the Ohio Revised Code may be punishable as Contempt of

Court.

16. The non-residential parent shall have access, in accordance with Ohio Revised  Code Section5104.011, to any child day care center attended by the child(ren) under the same terms and conditions that access is provided to the residential parent.

17. Subject to Ohio Revised Code Section 3319.321(F), the non-residential parent shall have access to any student activity involving the child(ren) under the same terms and conditions that access is provided to the residential parent.

NOTICE TO SCHOOL OFFICIALS AND EMPLOYEES: Knowingly failing to comply

with this order or Section 3105.051(J) of the Ohio Revised Code subjects you to a possible Contempt of Court.

These are the Standard Visitation Rules of this Court, and they will be changed or modified by the Court if it is shown that there is good cause for such change or if the parties agree to another parenting time schedule.

THEREFORE, IT IS ORDERED, that this visitation schedule is the order in each domestic relations case involving minor children, unless otherwise agreed by the parties or unless good cause is shown for a variance from this Order. This Order shall be referred to as the “STANDARD ORDER OF PARENTING TIME”.

JUDGE DAVID A. ELLWOOD,

JUDGE ROBERT S. MOOREHEAD, JR.,

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