Subscribe to the RSS Feed

Miami County Ohio Standard Parenting Time Schedule

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.

Comments

  1. J says

    I do not understand why these temporary orders do not give any direct attention to the residential parent. For example: When a non residential parent has to do all the transportation and is returning the child on time the residential parent should have to be readily available to get the child back or have a well known adult available to receive the child. The non residential parent should not be made to wait 30 minutes sitting in a car having to leave it run to wait on the residential to show up and if they don’t show up then the same visitation forfeiture should apply and the non residential should be able to return home and put the child to bed for school the following day. I say this because I have a few friends and my spouse who are currently going through this only in my husbands case she asked him if he could keep until 8:30-9:00 because she had to work and he told her no as he gets up at 4am and has to make a 45 minute drive home after dropping him off at 8pm as is which don’t even allow for my husband to get a full nights rest before he has to get up and go to work. I think in addition to this, the non residential parent gets the shaft because they are paying child support and doing all the transportation. I feel transportation should be 50/50 and curbside no exceptions. I feel that all visitation should be shared parenting 50/50 and no support should be paid by either parent unless the court has deemed one parent to not be doing their part which should be reviewed by more than just the magistrate. In my husbands case his ex is a social worker with Miami County, Ohio and he has had 2 GAL reports saying our home is the better place for the child and my husband should get full custody. I just don’t find that it is a fair and just system to have the case tried in a county in which she has affiliations because he gets shafted every time. Its been almost 6 years and she being a social worker seems to know all the right strings to pull to keep him from his father as much as possible. my husband went from having his son Thursday-Monday every other week & Thursday to friday opposite week to the minimum visitation when he was going for full custody offering 50/50 visitation to the mother but gaining medical control & Residential. This child has been taken to daycare at 7am-minimum of 4pm Monday-Friday since he was 6 weeks old then getting picked up from daycare and spending so much time in his car seat that his little bottom was always blistered because she has 3 other children that are involved in activities 5 days a week that requires her to run constantly dropping off and picking up the children. The situation is much worse than this of coarse coming down to the fact that she is so demanding that she says “you will wait the 30 minutes on me at minimum or I will file contempt” We will consult our lawyer but I would like other opinions as well. Should my husband have to wait the 30 minutes in a car wasting gas and entertaining his son waiting on the mother to show up when he told her no he couldn’t accommodate her late drop off request because it didn’t work with his schedule. I don’t know what to do to ease my husbands stress and discomfort over this situation. I’ve even returned my step son myself and picked him up but due to the fact that the new schedule since he is now in school is after dark and the mother has stalked, harassed and physically assaulted me I am not comfortable putting myself in the position of doing the transportation by myself when returning to her. I will pick up no problem as it is in the daylight and in a public setting with cameras and witnesses. I have now installed a dash camera in my car and use my cell phone to capture any audio and she often insults us and cusses at us.

    Furthermore about these rules I think it should somehow be implemented that neither parent can quit or have changed jobs for 1 year prior to the separation/divorce that would result in a lower wage. My husband truly got shafted here as his ex made more hourly than he did and quit her job for a job that pays 1/3 of the wage she made while they were married resulting in him paying nearly $700 a month for one child. So she gets child support from 3 fathers, two of which she got during their marriage, she took the lesser wage making her household income not counting support under the federal poverty guidelines so she got foodstamps for a family of 5, daycare assistance for all 4 children reducing payment to $16.00 a week out of pocket & a medical card for all the children. Support is not counted when applying for assistance or there would be no way she could qualify as I have researched the guidelines and reviewed the income submitted to the court. So my concern here is that this woman is working a full time job with her MBA in social work getting paid less hourly than starting wage in almost all the local factories and even some fast food restaurants because she quit a high paying social worker job to get more support which worked for her then gets government assistance while still making over $40,000 a year before support from the 3 fathers and lives in her parents house paying no rent.

    I know everyone is reading this thinking there are two sides to every story and yes this is true but I just want to state that in the beginning I told my husband I would meet her and make my own decisions about her. The night I met her she came with a 1 inch 3 ring binder trying to interview me like I was a babysitter and then flipping the pages to a background check she had done on me that contained my social security number, a full blown driving record from the age of 16 to that present day and Im sitting there wondering how in the world this lady got my social security number. She tried to control every aspect of the conversation and no matter what I said she tried to twist my words. Later that night she called me shortly after my (at the time) boyfriend would have left for work and started asking me more questions and only 5 minutes into the conversation she showed her crazy side calling my boyfriend names, saying he was violent and would be abusive to my kids etc….only two months later I had to file several harassment complaints on her and since I had just moved when I met him she couldn’t track my address so she tried to follow him to my home but we contacted the police and when she seen them she turned off and went a different direction. She then started calling and harassing my ex who was at the time still on my phone contract and he called me asking me to block her because he said he had told her that I am a wonderful mother and love children. He said he told her that her child was in the best hands he could ever be in with me and she had nothing at all to worry about. This went on until we got it court ordered for her to leave my family past and present alone, to leave me and my husbands daughter alone and to stop all forms of communication with everyone except my husband and that was only to be about their son and only to contact me in an emergency but that only stopped partially until the court ordered all communication be done through Our Family Wizard. My husband initially took it as a suggestion and she filed contempt even though he never actually received a court order stating he had to do so. After this court date we began using OFW and as stated ALL communication shall be done through OFW we began to follow that however then another problem arose when she continued deleting me as a user until the lawyers got involved and they advised her to stop deleting me as I was his step mother. Continuing to the next court case which she had him served papers 6 days after we were married, she brought a server with her to pick him up where the GAL states my husband should be residential parent and all the reasons why and she gets residential anyway. Now she has residential and then after receiving the papers she moves a lady in with her who was a shuttle bus driver in and out of Mexico. Step son come back to us and tells us that she is staying with them and took his bedroom now he has to share with his sister. He further informs us that the lady has a son living there and they are hiding from the little boys dad because he wants to hurt them. Now my step son no longer has a bedroom and is in what could potentially be a dangerous situation all because she met this lady more than 9 years ago riding the shuttle to Mexico and became social media friends with her. She further excludes my husband from all medical which the court never faulted her for in every case they have been to court over. She purposefully schedules when he can not attend due to work. She tells him if you want to be there you will just have to use your vacation days. My husband has 5 weeks of vacation per year and the firs three years of his sons life he used every day of that vacation for his sons dr appointments. She has scheduled two non life threatening/non emergency surgeries at times that my husband could not get off work and she has called into his work saying it was an emergency to have them page him using my name then he answers and she hangs up resulting in him checking the call log and calling me wanting to know what the emergency is however I guess she didn’t realize they also record the incoming number so upon a little more research he figured out it was her cell she was calling from. I could list on and on for days all the things she has done.

    My husband bent over backwards the first three years trying to get along with her for the sake of his son however she has threatened me and told me to get out of her way so she can fix her family (had that in a text as evidence), He has gone above and beyond. I kept saying to my self that one day he is gonna snap from all of this stress, frustration and drama that she creates. He installed security cameras at our house because she actually mule kicked him one time after she slammed their sons head against the car in her fit of anger and he tried to console him and check on him. She even went a step farther and yelled at the child then took his snack away and threw it in our flower beds. We met shortly after the child was born and we have been together since. My step son turning 6 soon begs not to go back to her every time and has for several years now. He has called me mommy since he started talking, I have helped my husband take his pacifier, take his bottle and potty train him with no help at all from his mother which was a struggle and took longer with the back a forth and no consistency at her house. He still can not tie his shoes and is the only child who left daycare not knowing how to do so. We practice at our house for 15-20 minutes twice a day when he is with us but with the reduced time that only makes it harder for him to learn. She admits in one message to my husband that she no longer fears losing her son (because she herself thinks I am a better mother) and states because the court is on my side and they see that you are no good. He is a fantastic father, a little apprehensive about punishing his son at times because he worries that the little time they have together will be spoiled if he punishes him but he is getting better at that with time. Any Advice from any fellow parents/step parents having similar situations?

Leave a Reply

Your email address will not be published.