Subscribe to the RSS Feed

Miami County Ohio Standard Parenting Time 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:

_____________________

Miami County – 8.021  Standard Parenting Time Schedule


Unless the parties agree otherwise or subject to a modifying order, the following shall be the temporary and permanent order of this Court relative to the rights and obligations of the residential and non‑residential parent. The factors set forth in R.C. 3109.051 (D) (1) through (14) inclusive and the best interests of the child(ren) have been considered in establishing this order.

(A) Neither party shall establish residence for the minor child(ren) outside the State of Ohio without prior approval of this Court.

(B) For temporary orders: The minor child(ren) shall not be removed from

the Marital Residence unless there is a threat of physical violence in the home. Subject to the foregoing, the Court shall grant custody to the parent having actual physical custody and control of the child(ren) at the time of the filing of the complaint. If physical violence is not supported at a requested hearing on the temporary order, the child(ren) shall be returned to the Marital Residence.

(C) The non-residential parent shall have visitation alternate weekends from

Friday evening at 6:00 p.m. until 6:00p.m. on Sunday.

(D) Mid-Week: In addition, the child(ren) shall spend a minimum of one day of mid-week companionship as follows:

  • For a child not yet in mandatory education, 5:00p.m. to 7:30p.m.
  • For a child in grades Kindergarten through 8th grade, 5:00p.m. to 8:00p.m.
  • For a high school student, 5:00p.m. to 9:00p.m.

If there is more than one child, the hour of return shall be the hour for the youngest child. If the parents cannot agree on a day, the day for the mid week companionship is Wednesday. If a child is in a child care arrangement, the non‑residential parent may not pickup the child from the caretaker without the prior permission of the residential parent, preferably in writing.

The non-residential parent has the responsibility for picking up and returning the child(ren). The non-residential parent, if unavailable for the pickup or delivery of the child(ren), must use an adult well known to the child(ren).

(E) The father shall have the children on the holidays in Column 1 in odd numbered years and the holidays in Column 2 in the even‑numbered years. The mother shall have the children on the holidays in Column 1 in even‑numbered years and the holidays in Column 2 in odd‑numbered years:

Column 1 Column 2
Martin Luther King, Jr. Day Presidents’ Day
Easter Memorial Day
Fourth of July Labor Day
Beggars’ Night (6:00 to 9:00 p.m) Thanksgiving eve  Wednesday at 6:00p. m  until Sunday at 6:00 p.m.)

If the parties cannot agree on times, non‑residential holiday parenting time shall be from 10:00 a.m. the day of the holiday until 7:OOp.m., except for Beggar’s Night as observed in that parent’s community. When the holiday falls on a Monday immediately following a non‑residential parenting time weekend, the non‑residential parent shall be entitled to keep the children continuously from 6:00 p.m. Friday to 7:OOp.m. Monday. Weekend rotation remains the same after holidays.

(F) Mother’s Day shall always be spent with the mother, and Father’s Day shall always be spent with the father, regardless of which parent is entitled to the weekend. If the parties cannot agree on times, the time shall be 10:00a.m. to 7:OOp.m. The child’s birthday shall always be spent with the mother in the even‑numbered years and shall always be spent with the father in the odd‑numbered years. However, nothing herein should be construed to prevent a parent from delivering a gift or attending a party if it is otherwise appropriate, i.e., at a grandparent’s after invitation. The non‑residential parent must provide one week’s notice of their intent to have visitation for a birthday. If the parties cannot agree, the time is 10:00 a.m. to 7:00 p.m. for a child not in school on the birthday, and 4:00 p.m. to 8:00 p.m. for a child in school on their birthday. The child’s birthday is to be spent with the designated parent, even if the other parent is entitled to the weekend, holiday or vacation with the child. (Brothers and sisters shall be allowed to attend the birthday event.) In addition, in all evennumbered years, the mother shall have the child(ren) from 9:00 a.m. the day after school recesses (or 9:00 a.m. on December 20 if the child(ren) are not in school), until 3:00 p.m. December 25 and the father shall have the child(ren) from 3:00 p.m. December 25 through 6:00 p.m. January 1. In all odd-numbered years, the reverse shall apply.

(G) Non-residential parent shall have visitation for Spring Break from school, not to exceed one (1) week in alternate years, commencing in the calendar year after the decree or order is filed.

(H) Non-residential parent shall have four (4) weeks of summer visitation which shall not be extended because other non‑residential parenting time falls within the chosen summer. Weekend rotation remains the same after extended summer visitation. Non‑residential parent’s visitation shall be set sixty (60) days in advance by the non‑residential parent or with the consent of the residential parent if less than sixty (60) days notice. The non‑residential parent’s choice of vacation has priority over the residential parent’s choice, unless the residential parent’s vacation is an annual mandatory shut‑down of the place of employment, or unless the residential parent is required by the employer to give more than sixty (60) days notice of intent to take a vacation and the non‑residential parent has no similar requirement. Each parent must provide the other parent with destination, times of arrival and departure and method of travel if the vacation will be outside the parent’s community. Summer school necessary for the child(ren) to pass to the next grade must be attended. Extended visitation may be scheduled by either parent during a mandatory summer school period, but the child must attend all classes. There will be no abatement of support unless visitation is in excess of twenty‑eight (28) consecutive days, and then it is discretionary with the Court.

The regular alternate weekend and day of the mid‑week visitation schedule shall continue throughout the summer with the custodial parent continuing to have the children on the weekends said parent would normally have them and a mid‑week visit pursuant to the above. Each parent shall be entitled to two uninterrupted seven‑day periods of visitation, (if the parents are out of town) which may be consecutive at the exercising parent’s option, per summer. Said visitation periods shall be scheduled in the same manner as set forth above.

(1) The non-residential parent will be prompt for pickup and return of the child(ren) and the residential parent will ready the child(ren) for the visitation. The residential parent has no duty to wait for non‑residential parent to pick up the child(ren) longer than thirty (30) minutes, unless the non‑residential parent notifies the residential parent that they will be late, and the residential parent agrees to remain available after the thirty (30) minute waiting period. A parent who is more than thirty (30) minutes late loses the visitation period.

(J) Each parent must, unless the Court orders otherwise, keep the other informed of their current address and a telephone number in the event of an emergency.

(K) If a child becomes ill or injured, warranting the giving of medication or consultation with a doctor or dentist, each parent must notify the other parent as soon as possible. If a child becomes ill while with the residential parent prior to a scheduled visitation period, the parent must contact the other parent and discuss the advisability of whether the visitation period should take place with the best interests of the child as the primary consideration. If the child does not go for the visitation period, then the non‑residential parent has the right to visit the child for not more than one(1) hour at the time scheduled for the visitation period to begin. This does not apply if the order of any Court or consent agreement prohibits the non-residential parent from being at the home. If another child of the parties is scheduled to have visitation, then the regular visitation schedule must go on with that child(ren).

The residential parent shall take the necessary action with school authorities to:

(A) List the non-residential parent as a parent of the child(ren); (B) authorize the school to release to the non-residential parent all information concerning the child(ren); (C) direct the school to send copies of all notices to the non‑residential parent as well as the residential parent; and (D) provide copies of each child’s grades to the nonresidential parent. In addition, the residential parent must inform the other parent of school activities or special events such as parent-teacher conferences, school programs, athletic events, honors programs, special ceremonies, graduation, or other school activities in which the child is involved as soon as the residential parent receives notice of the same.

(M) The residential parent shall upon request by the non‑residential parent immediately comply with whatever action is required, including the signing of full release to provide access to any medical, dental, hospital, surgical, optometric, or mental health records of the minor child(ren). With the exception of sudden emergency, each parent shall be consulted relative to elective surgery.

(N) It is the affirmative duty of the residential parent to prepare and encourage their child(ren) to comply with the visitation schedule.

A parent may not withhold visitation rights because the other parent does not obey another Court Order, such as paying support or medical bills. The parties should seek the advice of attorneys in such a case.

(O) Both parents shall encourage and foster in the child(ren) sincere respect and affection for both parents and should not hamper the natural development of the child(ren)’s love and respect for the other parent.

Leave a Comment

WARNING!!!!! DO NOT INCLUDE ANY INFORMATION ABOUT YOUR SITUATION, ONLY COMMENTS. COMMENTS AND QUESTIONS WILL NOT BE KEPT CONFIDENTIAL, AND WILL BE POSTED FOR EVERYONE TO SEE. THERE IS NO ATTORNEY-CLIENT RELATIONSHIP FORMED BY POSTING ON THIS BLOG AND NO PRIVACY FOR COMMENTS OR QUESTIONS. QUESTIONS AND COMMENTS POSTED ON THE BLOG WILL NOT BE ANSWERED, BUT IF WE GET ENOUGH QUESTIONS ABOUT THE SAME TOPIC WE MIGHT WRITE AN ARTICLE ON THE TOPIC. OKAY, NOW THAT THE IMPORTANT BLAH, BLAH, BLAH IS DONE, HERE'S THE REST: IF OUR WEBSITE HELPED YOU, WE'D APPRECIATE A SHOUT OUT. GIVE US A LINK, GIVE US A REVIEW, LIKE US ON FACEBOOK, OR TELL A FRIEND. IN FACT, TELL ALL YOUR FRIENDS!

Previous post:

Next post: