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.
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If you know that the court in this county has implemented a new rule, PLEASE tell us by e-mailing us at email@example.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:
Stark County Rule Dr 16 -Allocation Of Parental Rights And Responsibilities
16.01 Parenting Time Schedule
If the court order or decree indicates that the court schedule is the order for parenting time, then the Order of the Court is the following:
STARK COUNTY FAMILY COURT
PARENTING TIME SCHEDULE
Beginning on a specific date___________ , every other weekend from Friday night at 6 P.M. to Sunday night at 6 P.M.
In addition, the child(ren) shall spend a minimum of one week day parenting time as follows:
For a child not yet in mandatory education, 5 P.M. to 7:30 P.M.
For a child in grades Kindergarten – 8th grade, 5 P.M. to 8 P.M.
For a high school student, 5 P.M. to 9 P.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 midweek parenting time is Wednesday. If a child is in a child care arrangement, the nonresidential parent may not pick up the child from the caretaker without the prior permission of the residential parent, preferably in writing.
3. DAYS OF SPECIAL MEANING:
(A) Mother’s Day shall always be spent with the mother; 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 is 10 A.M. to 7 P.M. Then the child(ren) shall spend the rest of the weekend with the parent who normally has that weekend.
(B) 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. The nonresidential parent must provide one week’s notice of his or her intent to have parenting time for a birthday. If the parties cannot agree, the time is 10 A.M. to 8 P.M., for a child not in school on the birthday, and 5 P.M. to 8 P.M. for a child in school on his birthday.
The other parent can celebrate on another date. The child’s birthday is to be spent with the designated parent, even if the other parent is entitled to weekend, midweek, holiday or vacation with the child. Brothers and sisters attend the birthday event.
(C) Other days of special meaning, such as religious holidays, Martin Luther King Day, etc., should be discussed and written into the court order.
Parents may wish to change by agreement a holiday at least one week in advance in order to observe family or religious traditions. If not changed by agreement, holiday times are as follows:
|Holiday||Even numbered||Odd numbered||As agreed, or|
|Easter||Father||Mother||Sun 10 am‑7 pm|
|Memorial Day||Mother||Father||Sun 7 pmMon 8 pm|
|July 4th||Father||Mother||7/4 9 am 7/5 9 am|
|Labor Day||Mother||Father||Sun 7 pm Mon 8 pm|
|Thanksgiving||Father||Mother||Thur 9 am Fri 9 am|
|Christmas Eve||Mother||Father||12/23 9 pm 12/24 10 pm|
|Christmas Day||Father||Mother||12/24 10 pm 12/25 9 pm|
|New Year’s||Mother||Father||12/31 5 pm 1/1 9 pm|
|Martin Luther||Father||Mother||Sun 6 pm – Mon 6 m|
(A) A holiday that falls on a weekend shall be spent with the parent who is designated to have the child(ren) for that holiday, and the other parent shall have the child(ren) for the rest of the weekend. This time does not have to be made up.
(A) weeks of parenting time each year are to be arranged by the nonresidential parent with not less than sixty (60) days advance notice. The nonresidential parent’s choice of vacation has priority over the residential parent’s choice, unless the residential parent’s vacation is an annual mandatory shutdown of the place of employment, or unless the residential parent is required by an employer to give more than sixty (60) days notice of intent to take a vacation and the nonresidential parent has no similar requirement. Likewise, the residential parent must give the other parent not less than sixty (60) days advance notice of vacations or special plans for the child to avoid planning conflicts.
(B) Summer school necessary for the child to pass to the next grade must be attended. Extended parenting time (vacation) may be scheduled by either parent during a mandatory summer school period, but the child must attend all classes.
(C) Each parent must provide the other parent with destination, times whether to exercise vacation in periods of two, three, four or five weeks.
(D) Alternate weekends which normally would be spent with the residential parent, which fall during the nonresidential parent’s vacation must be given to the residential parent, or made up at another time. Alternate weekends which normally would be spent with the nonresidential parent and that fall during the residential parent’s vacation must be given to the nonresidential parent to be made up at another time.
6. The residence of the child is not to be moved from the State of Ohio without first obtaining a modified parenting time order from the Family Court.
7. A parent late more than thirty minutes shall forfeit that parenting time unless the nonresidential notified the residential at least one hour prior thereto.
8. Parenting time does not mean picking the children up and then leaving them with someone else, except short periods with relatives.
9. These orders will be modified by the Court if there is good cause shown for such change.
10. It is ORDERED, ADJUDGED, and DECREED that the parties abide by these orders in the best interest of the children. Failure of either party to abide by these orders could result in a finding of contempt. This includes the orders that require the residential parent to have the children prepared for parenting time as well as the orders that require the nonresidential parent to take the children for parenting time on the ordered days.
16.02 In all cases involving parental rights of children, compliance with the Uniform Child Custody Jurisdiction Act (U.C.C.J.A.) is mandatory. Failure to comply can have serious consequences for the parties and counsel. The Court will hear no case involving parental rights without evidence of compliance with this Act.
16.03 Attached to a motion for modification of allocation of parental rights shall be an affidavit of the moving party, reciting facts sufficient to establish a prima facie case for granting the requested relief. The Court may summarily dismiss the motion or make other appropriate orders including investigation, pretrial, interim placement of children, visitation, and support pending the hearing on the motion. Such interim orders may be made upon statements of counsel, the affidavits supplied, and a parental rights investigation, if any.
16.04 Procedure upon Motions for Modification of Allocation of Parental Rights
(A) A psychological evaluation may be required in contested parental rights cases. The Court may sign any appropriate order requiring the examination and cooperation of the parties and their children.
The parties will be expected to make their own financial arrangements for the procuring of the examination. A written report from the agency or examiner will be expected prior to ,’the hearing day.
(B) Assignment The Assignment Commissioner will assign the case for oral hearing following the receipt of notice that the written evaluation has been received by the moving party’s attorney and a copy mailed to the adverse attorney. Such evaluation will be delivered at the oral hearing.
(C) Oral Hearing The Court or Magistrate will conduct the oral hearing as a pretrial. If the affidavit is insufficient, the Court may dismiss the motion or grant a continuance for the purpose of correcting the deficiency. If testimony is necessary, the case will then be assigned for testimony.