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Tuscarawas County Ohio Local Rule Standard Parenting Time Visitation 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:

Tuscarawas County – Standard Parenting Orders And Incidental Rules


I.          In order that non-residential/non-custodial parents shall have the opportunity to enjoy companionship with their child(ren) and continue a meaningful relationship, the following regular companionship schedule and rules shall be observed and followed in every case unless the parties provide for a different companionship schedule.

A.        Weekends:

1.         Unless otherwise specifically agreed upon or ordered by the Court, every other weekend from Friday at 7:00 p.m. to Sunday at 7:00 p.m.

2.         For child(ren) age 15 and older, companionship shall be expected to take place every other weekend, with the days and times to be agreed upon between the parties, taking into account the wishes and needs of the child(ren), the child(ren)’s work schedule, and the child(ren)’s involvement in school, summer or other extracurricular activities.

3.         If any weekend companionship occurs on a weekend when Monday is a holiday (including Labor Day and Memorial Day) the companionship shall be extended until Monday at 7:00 p.m.

B.         Mid-Week:  In addition to the above, the non-residential/non-custodial parent shall have companionship (1) week-night each week.  If the parties are unable to agree, then this mid-week companionship time shall be every Wednesday evening from 5:30 p.m. until 7:30 p.m., except if the child is of school age and school is not in session, then the mid-week companionship time shall be extended until 9:00 p.m.

C.        Child(Ren)’S Birthday:

1.         In even-numbered years, the non-residential/non-custodial parent shall have the child(ren) on the child’s birthday from 9:00 a.m. to 7:00 p.m. if a non-school day, or from 6:00 p.m. to 9:00 p.m. if a school day.

2.         In odd-numbered years, the non-residential/non-custodial parent shall have the child(ren) on the day before or the day after the child’s birthday for (3) hours from 6:00 p.m. to 9:00 p.m. if on a school day or weekday; and from 10:00 a.m. to 6:00 p.m. if on a Saturday or Sunday.

3.         This birthday companionship shall take priority and precedence over weekend and mid-week companionship.

D.        Mother’s Day And Father’s Day:  Unless otherwise specifically agreed upon or ordered by the Court, Mother’s Day shall always be spent with the mother and Father’s Day shall always be spent with the father.  If the parties cannot agree upon times, the time shall be from 9:00 a.m. to 8:00 p.m.  The child(ren) shall spend the rest of the weekend with the parent who would otherwise be entitled to companionship that weekend under these rules.

E.         Extended Vacation:

1.         The non-residential/non-custodial parent shall be entitled to (6) weeks of extended vacation companionship each year, in addition to the other companionship provided herein.  This extended vacation companionship must be exercised in minimum time periods of two (2) weeks, and the non-residential/non-custodial parent shall have the right to determine whether to exercise the extended vacation companionship in periods of (2), (4), or (6) weeks.  In the event that the non-residential/non-custodial parent exercises his/her extended vacation companionship in time blocks of more then two (2) consecutive weeks, then the residential/custodial parent shall be entitled to weekend companionship every other weekend from Friday at 7:00 p.m. until Sunday at 7:00 p.m., beginning the Friday of the second full week of extended vacation companionship, and continuing every other weekend thereafter during the remainder of the extended vacation companionship.

2.         The non-residential/non-custodial parent shall provide not less than (60) days advance written notice of their intent to exercise extended vacation companionship.

3.         The non-residential/non-custodial parent’s choice of extended vacation companionship shall have priority over the residential/custodial parent’s choice, unless the residential/custodial parent’s vacation is an annual mandatory shutdown at their place of employment, or unless the residential/custodial parent has previously booked vacation reservations or made vacation plans and provides written notification of these plans/reservations to the non-residential/non-custodial parent on or before March 31st of each year.

4.         All extended vacation companionship shall be concluded so that the child(ren) are back with the residential/custodial parent at least one (1) full week before the start of school for the following school year.

5.         Any daycare, babysitting or supervision expenses incurred by the non-residential/non-custodial parent during the exercise of their extended vacation companionship shall be as the sole cost of the non-residential/non-custodial parent unless pre-existing daycare, babysitting or supervisory providers are utilized by the parties during this extended vacation companionship.

F.         Holidays:  Parents may wish to change holiday companionship by agreement at least one (1) week in advance in order to observe family or religious traditions.  If not changed by agreement, holiday times are as follows:

Holiday Even
Numbered
Years
Odd
Numbered
Years
Times
Easter Father Mother 10 am – 7 pm
July 4th Mother Father 9 am July 4th – 9am July 5th
Thanksgiving Father Mother 9 am Thursday – 9 am Friday
Christmas Eve Mother Father 9 pm December 23rd – 9pm December 24th
Christmas Day Father Mother 9 pm December 24th – 9 pm December 25th

G.        Spring Break:  Unless otherwise agreed, the parties shall alternate the entitlement of Spring Break from school every other year, with the parent who receives the Easter holiday in any given year also receiving Spring Break for that year.

H.        Holiday Break (Christmas/New Year’s):  Unless otherwise agreed, the parties shall divide the Holiday Break from school involving the Christmas and New Year’s holidays equally, with each party receiving half, with the exception of Christmas Eve and Christmas Day, which shall be divided as set forth above:

1.         In even-numbered years, the Mother shall be entitled to the first half of this holiday break and the Father shall be entitled to the second half.

2.         In odd-numbered years, the Father shall be entitled to the first half of this holiday break and the Mother shall be entitled to the second half.

II.         Rules Governing Companionship Time

Parents are encouraged to work together to establish rules and guidelines so as to make the companionship schedule beneficial for both parties and the child(ren).  Parents are encouraged to continue to co-parent their child(ren) and abide by whatever code of conduct is the most appropriate for them and their child(ren).  Unless otherwise agreed between the parties, the following Rules Governing Companionship Time shall apply:

A.        Specific companionship rights such as Holidays, Birthdays, Mother’s and Father’s Day, Extended Vacation, Spring Break and Holiday Break shall take precedence and priority over standard alternate weekend and mid-week companionship rights.  Companionship rights granted under Paragraph I(D) for Mother’s Day and Father’s Day, and paragraph I (F) for Holidays, take priority over extended vacation companionship unless otherwise agreed between the parties or ordered by the Court.

B.         Unless otherwise agreed or ordered by the Court, the non-residential/non-custodial parent shall pick up the child(ren) at the beginning of each and every companionship time, and the residential/custodial parent shall pick up the child(ren) at the end of each and every companionship time.  Neither party shall be required to wait longer than (30) minutes for the other party to appear at the beginning or end of the companionship to pick up said child(ren).  A parent more than (30) minutes late at the beginning of companionship shall forfeit that companionship unless they have previously notified the other parent at least one (1) hour in advance.

C.        The non-residential/non-custodial parent shall give (24) hours advance notice of cancellation of companionship rights.

D.        The residential/custodial parent shall advise when a child(ren) is ill and unable to visit as a result with as much advance notice as practicable.  When companionship occurs during a time when the child(ren) is taking medicines, then appropriate medicines with instructions shall be provided to the non-residential/non-custodial parent for each companionship time.

E.         The residential/custodial parent shall send sufficient clean clothes to last the entire companionship time and all such clothes shall be returned (cleaned when feasible).

F.         Companionship rights granted shall be exercised; companionship not taken is waived.  However, companionship not taken on because of actions of the residential/custodial parent is not waived, but accrues and shall be granted within (30) days.

G.        The non-residential/non-custodial parent shall be entitled to telephone contact in addition to the above companionship rights, with the child(ren) at least once per week at the non-residential/non-custodial parent’s cost.  During such time that the non-residential/non-custodial parent is exercising extended vacation companionship as set forth in Paragraph I (E) above, the residential/custodial parent shall be entitled to similar telephone contact with the child(ren) at least once per week at the expense of the residential/custodial parent.

H.        The residential/custodial parent shall have the child(ren) available for companionship at the beginning of each companionship time and the non-residential/non-custodial parent shall have the child(ren) available for pickup at the end of each companionship time.

I.          The residential/custodial parent shall, to the best of their ability prepare the child(ren) physically and emotionally for all companionship contact.

J.          Each parent shall refrain from voicing criticism of the other parent, either in or out of the presence of the child(ren), and shall further do everything in their power to encourage others to refrain from similar conduct.

K.        Companionship time shall not be used by either parent to check on the other parent.  Neither parent shall interrogate the child(ren) during or following the companionship time as a means to gather information regarding the other parent or activities of the other parent.

L.         Neither parent shall consume alcohol to excess or use illegal drugs while in the presence of the child(ren).

M.        Both parents shall strive for consistency and agreement in all matters regarding the child(ren), including disciplinary matters.

N.        Summer School necessary for the child(ren) to pass to the next grade, or as recommended by the appropriate school official, must be attended and official notice of such requirement shall be given to the non-residential/non-custodial parent.  In the event the non-residential/non-custodial parent elects to exercise their companionship time during summer school, they shall be responsible to make sure the child(ren) attends summer school as necessary.

O.        The non-residential/non-custodial parent shall be responsible to see that any and all homework of the child(ren) is done during any and all companionship.

P.         The residential/custodial parent shall furnish to the non-residential/non-custodial parent copies of all grade reports, disciplinary notices and/or communications, and information regarding school pictures within seven (7) days of the receipt of such information, or in a timely manner.

Q.        Each parent must provide the other parent with destination, times of arrival and departure, method of travel, together with emergency telephone or contact numbers, if any extended vacation companionship will be taken away from that parent’s residence.

R.         Any person transporting a child(ren) for companionship periods established under these rules must possess a valid driver’s license, and all child(ren) shall be properly restrained in the manner required by law during such transport.


Tuscarawas County – Long-Distance Parenting Orders And Incidental Rules


A.        The following shall be applicable in the cases where parents reside more than 150 miles (one-way) from each other, unless the parents otherwise agree.

B.         The non-residential/non-custodial parent shall be afforded (8) weeks of companionship with the child(ren) during the traditional summer school vacation months of June, July and August.  For a child(ren) age (15) and older, this companionship time shall be expected to take place as set forth herein, taking into account the wishes and needs of the child(ren), the child(ren)’s work schedule, and the child(ren)’s involvement in school, summer or other extra-curricular activities.

1.         These visits may occur in blocks of time of four (4) weeks.  The non-residential/non-custodial parent shall provide advance notice of intent to exercise this companionship of not less than (60) days.  The non-residential/non-custodial parent’s choice of vacation has priority over the residential/custodial parent’s choice, unless the residential/custodial parent’s vacation is an annual mandatory shutdown of the place of employment, or unless the residential/custodial parent is required by an employer to give more than (60) days notice of intent to take a vacation and the non-residential/non-custodial parenthas no similar requirement.  Likewise, the residential/custodial parent must give the other parent not less than (60) days advance notice of vacations or special plans for the child(ren) to avoid planning conflicts.

2.         Summer School necessary for the child(ren) to pass to the next grade, or as recommended by the appropriate school official, must be attended and official notice of such requirement shall be given to the non-residential/non-custodial parent.  In the event the non-residential/non-custodial parent elects to exercise their companionship time during summer school, they shall be responsible to make sure the child(ren) attends summer school as necessary.

3.         Each parent must provide the other parent with destination, times of arrival and departure, method of travel, together with emergency telephone or contact numbers, if any extended vacation companionship will be taken away from that parent’s residence.

C.        The non-residential/non-custodial parent shall be responsible for picking up the child(ren) or otherwise arranging transportation, and paying for the same, at the commencement of companionship.  The residential/custodial parent shall be responsible for picking up the child(ren) or otherwise arranging transportation, and paying for the same, at the conclusion of companionship. The parties, if using airlines for said transportation, are encouraged to work together and obtain a round-trip ticked and split the costs.

D.        The non-residential/non-custodial parent shall be entitled to (1) additional week during the Christmas holiday and (1) additional week during the Easter break.   Christmas companionship shall commence December 26 through January 1Easter companionship shall be arranged by the non-residential/non-custodial parent at least (30) days in advance and may include Easter day during odd-numbered years.

E.         The non-residential/non-custodial parent shall be entitled to telephone contact in addition to the above companionship rights, with the child(ren) at least once per week at the non-residential/non-custodial parent’s cost.  During such time that the non-residential/non-custodial parent is exercising extended vacation companionship as set forth in Paragraph B(1) above, the residential/custodial parent shall be entitled to similar telephone contact with the child(ren) at least once per week at the expense of the residential/custodial parent.

F.         These Orders will be modified by the Court if there is good cause shown for such change.

G.        Each of the parties shall abide by these orders in the best interest of the child(ren).  Failure of either party to abide by these orders could result in contempt of court sanctions.  This includes the Orders that require the residential/custodial parent to take the child(ren) for visitation on the ordered days.

H.        Companionship rights granted shall be exercised; companionship not taken is waived.  However, companionship not taken on because of actions of the residential/custodial parent is not waived, but accrues and shall be granted within (30) days.

I.          The residential/custodial parent shall, to the best of their ability prepare the child(ren) physically and emotionally for all companionship contact.

J.          Each parent shall refrain from voicing criticism of the other parent, either in or out of the presence of the child(ren), and shall further do everything in their power to encourage others to refrain from similar conduct.

K.        Companionship time shall not be used by either parent to check on the other parent.  Neither parent shall interrogate the child(ren) during or following companionship time as a means to gather information regarding the other parent or activities regarding the other parent.

L.         Neither parent shall consume alcohol to excess or use illegal drugs while in the presence of the child(ren).

M.        Both parents shall strive for consistency and agreement in all matters regarding the child(ren), including disciplinary matters.

N.        The residential/custodial parent shall furnish to the non-residential/non-custodial parent copies of all grade reports, disciplinary notices and/or communications, and information regarding school pictures within seven (7) days of the receipt of such information, or in a timely manner.

O.        Any person transporting a child(ren) for companionship periods established under these rules must possess a valid drivers license, and all child(ren) shall be properly restrained in the manner required by law during such transport.

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