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Montgomery County Ohio Standard Order of Parenting Time

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:

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Montgomery County Domestic Relations Court – Form 4 Dr-21 (4/01) – Standard Order Of Parenting Time


Parents are encouraged to create an agreed equitable written parenting time schedule that fits their circumstances and their children’s lives, with the following serving as a schedule when the parents cannot agree. Nothing herein prohibits the parents from changing the schedule upon mutual agreement. In the event of conflicting dates and times, the following is the order of priority: Holidays; Birthdays; Summer/Breaks; Weekends; then Weekdays. This schedule presumes that if the parents have more than one child, the parenting time will be exercised with all children together.

If a child indicates a strong opposition to being with the other parent, it shall be the responsibility of both parents to positively encourage the non‑residential parenting time, appropriately deal with the situation by calmly discussing with the child his or her reasons and to work together to alleviate these misgivings without confrontation or argument. If they cannot resolve the problem, the parents shall seek the immediate assistance of a counselor or other professional, or may file a motion requesting court ordered counseling. It is the absolute duty of the residential parent to foster an environment which avoids such problems and to make certain that the children have an on-going relationship through non‑residential parenting time.

1. WEEKENDS: The non‑residential parent shall have parenting time on alternate weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m.

2. WEEKDAY: The non‑residential parent shall have parenting time from 6:00 p.m. to 9:00 p.m. each Wednesday evening.

3. HOLIDAYS: 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
Beggar’s Night (6:00 to 9:00 p.m.) Thanksgiving Day

Non-residential holiday parenting time shall be from 9:00 a.m. the day of the holiday until 6:00 p.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 6:00 p.m. Monday.

4. MOTHER’S/FATHER’S DAY: On Mother’s Day and Father’s Day, no matter the parenting time schedule, the children shall be with the appropriate parent on those days from 9:00 a.m. to 6:00 p.m.

5. CHRISTMAS BREAK: In all even-numbered years, the mother shall have the children from 9:00 a.m. the day after school recesses (or 9:00 a.m. on December 20 if the children are not in school), until 9:00 p.m. December 24 and the father shall have the children from 9:00 p.m. December 24 through 6:00 p.m. January 1. In all odd-numbered years the reverse shall apply.

6. BIRTHDAYS: In odd‑numbered years the father shall have all the children on each child’s birthday from 6:00 p.m. until 9:00 p.m. In even‑numbered years the mother shall have the birthdays.

7. SPRING BREAKS: In odd-numbered years the father shall have all the children for the spring break from school, starting at 9:00 a.m. the day after school recesses to 6:00 p.m. the day before school resumes. The mother shall have the children for spring break in the even‑numbered years. If all the children are not of school age, the Saturday before Easter through the Friday after Easter shall be substituted.

8. SUMMER VACATION: The non-residential parent shall have parenting time for five weeks (35 days) each summer. Summer parenting time shall be taken in increments of no greater than two weeks (14 days) or less than one week (7 days), unless otherwise agreed, and shall not be extended because other non-residential parenting time falls within the chosen summer parenting time weeks. The non‑residential parent shall give the residential parent written notice of summer parenting time plans between March 1 and April 1 of each year. The non‑residential parent has priority of choice of summer parenting time dates if notice is given as required and unless the residential parent’s vacation is an annual mandatory shut‑down of the place of employment. If no notice is given by April 1, the residential parent has priority in the scheduling of any summer vacation plans and the non‑residential parent may choose only those weeks in which the residential parent is not scheduled to be out of town on vacation with the children. The residential parent shall be entitled to up to two weeks for an actual vacation, which shall not be interrupted by any conflicting non‑residential parenting times. Each parent shall provide the other parent with destination, times of departure and arrival, and method of travel when taking the children outside the parent’s community. Child support will not be reduced during summer parenting time. In the event of a deviation from this or any other established time, the prior alternating weekend schedule shall recommence the second full weekend after a non‑residential parenting time of six (6) days or more. The “prior alternating weekend schedule” is defined as the original pattern of alternating weekends established at the start of the parenting time order. To allow for consistency and predictability for both parents, the schedule of alternating weekends does not change or reverse because of other special periods of parenting time have been exercised. If the second full weekend following return of the children from a non‑residential parenting time in excess of six (6) days would have been the mother’s weekend under the prior alternating pattern, it shall remain the mother’s weekend. If the second full weekend after a non‑residential parenting time of six (6) days or more would have been the father’s weekend under the prior alternating pattern, then it shall be the father’s weekend. The court realizes that this policy will from time to time result in one parent having two consecutive weekends following extended non‑residential parenting time pattern but it will more than likely affect both parents equally from time to time. The court further realizes that if the non‑residential parent exercises his or her full five (5) weeks of parenting time each summer in the manner described in Paragraph 8 and the residential parent exercises his or her full two (2) week vacation period, that the alternate weekend may, in practical effect, be eliminated during the summer months. This provision in no way prohibits the parties from exchanging weekends from time to time by mutual agreement.

9. LATE PICK-UP: The residential parent shall have the children ready for pick‑up at the start of all parenting time. The children and the residential parent have no duty to wait for the non‑residential parent to arrive for parenting time more than thirty (30) minutes, unless notified. The non‑residential parent who arrives more than thirty minutes late without prior notification for a particular parenting time forfeits that parenting time, unless the residential parent agrees otherwise.

10. DROP-OFF: The non-residential parent will not return the children early from parenting time unless the parents agree to a different drop‑off time in advance. The residential parent or other adult well‑known to the children must be present when the children are returned from parenting time.

11. CANCELING NON-RESIDENTIAL PARENTING TIME: Except in emergency situations, the non‑residential parent must give at least 24 hours advance notice when canceling any parenting time.

12. MAKE-UP NON-RESIDENTIAL PARENTING TIME: Make‑up days shall be given if an emergency prevents scheduled parenting time. All make‑up parenting time shall be rescheduled and exercised within sixty (60) days.

13. MEDICAL TREATMENT AND EMERGENCIES: If the children become seriously ill or injured, each parent shall notify the other parent as soon as practicable. If the children become ill or injured during their time with the non‑residential parent, said parent, shall contact the residential parent to secure treatment unless the situation is a medical emergency.

14. TELEPHONE/MAIL OR E-MAIL: Neither parent shall interfere with telephone, mail or e‑mail contact between the children and the other parent. Long‑distance calls from an out of town parent shall be at that parent’s expense.

15. TRANSPORTATION: The non-residential parent has responsibility for transportation of the children to and from their home for parenting time with them and may use another adult well‑known to the children for picking up or dropping off the children when necessary. Any person transporting the children may not be under the influence of alcohol or drugs, and must be a licensed, insured driver. All child restraint and seat‑belt laws must be observed by the driver. Car seats should be exchanged when required.

16. SCHOOL WORK: Parents shall provide time for children to study and complete homework assignments, even if the completion of work interferes with the parent’s plans for the children. The residential parent is responsible for providing the non­residential parent all of the school assignments and books. Summer school which is necessary for a child must be attended, regardless of which parent has the child during the summer school period.

17. EXTRACURRICULAR ACTIVITIES: Regardless of where the children are living, their continued participation in extracurricular activities, school related or otherwise, should not be interrupted. It shall be the responsibility of the parent with whom the children are residing at the time to discuss the scheduling of such activities with the children and to provide transportation to the activities. Each parent shall provide the other parent with notice of all extracurricular activities, complete with schedules and the name, address and telephone number of the activity leader, if available.

18. OUT-OF-STATE RELOCATION: Neither parent shall relocate the children out of state without first obtaining a modified non-residential parenting time order. The parties may submit an agreed order modifying parenting time, with a provision for allocation of transportation expenses, to the court for adoption by the court as an order. If the parents are unable to agree, the moving parent shall, Prior to relocation, 1) file a motion asking the court to modify the parenting time schedule, 2) set a hearing, and 3) obtain a modified parenting time order. No continuances of the hearing will be granted without written permission of the assigned judge.

19. ACCESS TO RECORDS: The non-residential parent shall have access to the same records, same school activities and to any day-care center which the children attend on the same basis that said records or access is legally permitted to the residential parent, unless a restrictive order has been obtained from the court. It is the responsibility of the parent obtaining a restrictive order to serve it on the appropriate organization.

20. NOTICE OF CHANGE OF ADDRESS: Both parents shall give written notice to the other parent immediately upon any change of address and/or phone number, unless a restrictive order has been obtained from the court. A copy of the notice, including the parties’ name and case number, shall also be provided to the Domestic Relations Court, P.O. Box 972, 301 W. Third Street, Second Floor, Dayton, Ohio 45422‑4248, Attention: Assignment Commissioner.


FORM 12
SHARED PARENTING PLAN OUTLINE
2001


The following outline is intended to assist in the preparation of a complete shared parenting plan that conforms to the mandatory statutory provisions and the provisions required by the Montgomery County Domestic Relations Court. Optional provisions may be added.

All shared parenting plans must be attached to and accompanied by a petition for shared parenting signed by one parent (in the event of a single plan) or both parents (if a joint plan). By statute, 30 days must expire between the filing of the petition and plan and the granting of a final decree of shared parenting. This 30‑day waiting period is consecutive with the 30‑day waiting period from the filing of a petition for dissolution and the final hearing when shared parenting is part of a dissolution. In post‑decree matters, the follow‑up 30‑day hearing must be set before a magistrate. In the case of new, settled divorce cases, the 30‑day waiting period may be waived by a specific provision in the shared parenting plan decree so the divorce decree and shared parenting decree can be filed simultaneously.

Below, are those provisions which need to be included in a shared parenting plan.


1. DESIGNATION OF THE ELIGIBILITY FOR AID TO DEPENDENT CHILDREN

BENEFITS:

A child’s primary residence must be designated (or the designation of one parent as residential parent for the purpose of ADC eligibility) if one of the parties is in receipt of ADC to assure the continued eligibility of these benefits.

2. PHYSICAL LIVING ARRANGEMENTS:

This section needs to describe the regular living schedule of the child in each parent’s home. It is important to keep in mind that a pattern which would be appropriate for a preschool‑age child may have to be altered once the child is attending school, and to the extent that the parties are able to project into the future and provide for a reasonable and practical plan for the child, this may be an appropriate section to provide for such changes.

While it is not mandatory, the parties may wish to designate one party’s home as the “primary residence” and another party’s home as the “secondary residence”. IT IS NOT APPROPRIATE TO DESIGNATE ONLY ONE OF THE PARENTS AS THE “RESIDENTIAL PARENT” IN A SHARED PARENTING PLAN. “Residential parent” means sole, legal custodian. In a shared parenting plan, both parents are legal custodians of the children, and the use of the term “residential parent” for one parent only is contradictory to the shared parenting concept.

It is also not appropriate to state that each parent is the residential parent and legal custodian when the child/children are residing with that parent. ORC 3109.04(K)(6)

EXCEPTION: The statute does permit the designation of one parent as the residential parent for school purposes or as residential parent for tax exemption purposes or as residential parent for purposes of ADC eligibility but those specific designations do not effect the status of both parents as residential parents and legal custodians of the child(ren).

3 HOLIDAYS, VACATIONS, ETC.:

In spite of the fact that the living arrangements for the children may have been fully described, a specific provision must be included in a shared parenting plan for sharing the major holidays, vacations, birthdays, etc. This is also the appropriate section to include any provision for visitation with grandparents or other relatives. The Standard Order of Parenting Time may be incorporated in part or in whole in the plan.

4 SCHOOL:

The statutory scheme mandates the designation of a school district. Our court recognizes the difficulty in those cases where the children are not of school age and the living arrangements of the parties at the time of a new decree may be somewhat temporary and subject to change. The provision should deal with the issue of school placement to the extent that the parties can determine the most likely possibility at the time the matter is before the court. An acceptable alternative is to designate the school district where either the mother or father resides.

AGREEMENTS TO AGREE WHEN THE CHILDREN REACH SCHOOL AGE ARE NOT ACCEPTABLE.

5. CHILD SUPPORT:

A Sole Residential/Shared Parenting child support computation sheet must be prepared as part of a shared parenting plan. The required statutory computation worksheet for shared parenting is the same worksheet that would be used in a sole custody situation. THERE IS NO SEPARATE LEGISLATIVELY APPROVED ‘SHARED PARENTING COMPUTA770N OR FORMULA. In the event one parent is providing the “primary residence” for one child and the other parent is providing “primary residence” for another child or children, you may wish to substitute a “Split Parental Rights” child support computation sheet to arrive at a more equitable child support order.

Deviations from the guideline‑suggested amount must be explained in financial or monetary terms on line 26 of the computation sheet. Criteria for deviation from the guidelines are enumerated in Section 3113.215(3)(a) through (p) and in addition, there are some specific “extraordinary circumstances” applicable to shared parenting orders which are enumerated in Section 3113.215(6)(b)(I) through (iii) and read as follows:

  1. the amount of time that the children spend with each parent;
  2. the ability of each parent to maintain adequate housing for the children;
  3. each parent’s expenses, including but not limited to, child care expenses, school tuition, medical expenses, and dental expenses.

It is common to have deviations from the child support guidelines in shared parenting cases; however, it is by no means considered automatic for neither party to pay support just because it is a “shared parenting”. Where a disparity of income exists and/or a disparity of physical care of the children exists, the exchange of child support is still considered appropriate and equitable. For the most part, only cases where there is equal income and equal time spent in each household will a lack of child support exchange be considered equitable, provided, there are adequate provisions for all of the children’s financial needs incorporated in the plan (See paragraph 6).

Child support must be stated in a monthly cycle only, stated per child, and rounded off to the nearest dollar.

EMANCIPATION: Effective 1‑1‑98, the emancipation law in Ohio was revised as follows: Except in cases in which a child support order requires the duty of support to continue for any period after the child reaches age nineteen, the order shall not remain in effect after the child reaches age nineteen. All child support orders must specifically address whether or not child support will continue after the child reaches age 19 and is not yet graduated from high school.

6. OTHER CHILD‑RELATED FINANCIAL MATTERS:

Where no child support is being exchanged or the child support to be exchanged is significantly less than the guideline amount, a provision for an appropriate sharing of financial expenses of the child or children, including but not limited to employment related child care, clothing, school fees, camp or sports fees, lessons and extracurricular activities, needs to be included.

7. PROVISION FOR CHILD/CHILDREN’S HEALTH CARE NEEDS:

A full Dependent Health Care Order/QMSO provision must be included in every shared parenting plan. A full health care order requires: (1) designation of one or both parents to provide health insurance; (2) designation of the responsibility for payment of uninsured medical, dental and optical expenses, and psychological expenses.

A reference to the Dependent Health Care Order, which is issued separately by the court, must be included as well as the attachment and incorporation by reference of the Standard Order of Health Care Needs for Dependent Children.

8. TAX EXEMPTIONS:

Since both parties are custodial parents, the tax law is of little assistance for determining who will be entitled to claim the children as dependents for tax purposes. That issue must be addressed in the shared parenting plan. It is also appropriate to require the parent who will not be getting the tax exemption or will not be getting it for a particular year to cooperate and execute any and all forms required by the Internal Revenue Service.

9. PARENTS’ LIFE INSURANCE FOR BENEFIT OF CHILDREN:

The child/children or other parent needs to be made beneficiary of any existing life insurance plan, especially one which is provided as an employment benefit, so long as the children remain unemancipated.

10. OUT-OF-STATE RELOCATION:

The following language is required in all shared parenting plans:

Neither parent shall relocate the children out of state without first obtaining a modified visitation order. The parties may submit an agreed order modifying visitation, with a provision for allocation of transportation expenses, to the court for adoption by the court as an order. If the parents are unable to agree, the moving parent shall, prior to relocation, 1) file a motion asking the court to modify the visitation schedule; 2) set a hearing; and 3) obtain a modified visitation order. No continuances of the hearing will be granted without written permission of the assigned judge.

PLEASE NOTE that this provision is identical to paragraph 18 in the Montgomery County Domestic Relations Court Standard Order of Visitation. If the standard order is being adopted as part of the plan, a duplication of this language is not necessary.

11. ACCESS TO CHILD’S/CHILDREN’S RECORDS:

The following language is required in all shared parenting plans:

Both parents shall have access to the same records, same school activities and to any day-care center which the children attend on the same basis that said records or access is legally permitted to a custodial parent, unless a restrictive order has been obtained from the court. It is the responsibility of the parent obtaining a restrictive order to serve it on the appropriate organization.

PLEASE NOTE that this provision is nearly identical to paragraph 19 in the Montgomery County Domestic Relations Court Standard Order of Visitation. If the standard order is being adopted as part of the plan, a duplication of this language is not necessary.

12. NOTIFICATION OF CHANGE OF RESIDENCE OF EITHER PARENT:

The following language is required in all shared parenting plans:

Both parents shall give written notice to the other parent immediately upon any change of address and/or phone number unless a restrictive order has been obtained from the court. A copy of the notice shall be provided to the Montgomery County Domestic Relations Court, 301 W. Third Street, 2nd Floor, Dayton, Ohio 45422‑4248.

PLEASE NOTE that this provision is identical to paragraph 20 in the Montgomery County Domestic Relations Court Standard Order of Visitation. If the standard order is being adopted as part of the plan, a duplication of this language is not necessary.

13. RELIGIOUS TRAINING:

Any agreement reached between the parents on religious training, if appropriate, may be included in the shared parenting plan.

14. MISCELLANEOUS PROVISIONS:

The parents may wish to include provisions concerning cooperation, open communication, encouragement of love and affection for the other parent, etc.

Post high school education costs may be addressed in the plan as well as any other matter of importance to the parents.

15. MODIFICATION OF SHARED PARENTING PLAN:

A method for modification of the shared parenting plan may be included in the plan. The most typical provisions are:

  1. any modification shall be in writing, signed by both parties;
  2. modification shall be in accordance with O.R.C. 3109.04(E)(2)(a) or (b);
  3. parties shall engage in mediation to resolve any disputes that arise and shall share costs of mediation equally before filing any motion in court to modify this plan.

Comments

  1. H says

    How does the parenting plan change if the child is under 3? Are there certain changes for the different ages of kids? My child will be 12 months when I go to court with my ex, he’s never had her for an overnight visit or for more than 2 hours every week(his choice). Will the courts take this into consideration?

  2. M says

    My son’s mother moved without my permission back to Ohio from Minnesota. Now she refuses to allow any communication with my son and myself. How to I obtain court ordered visitation. She resides in Ohio and I reside in Minnesota.

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