Union County Local Rule 18.08 & 12.2 Standard Visitation Schedule

(web page updated 11-29-09)

UNION COUNTY COMMON PLEAS AND JUVENILE COURT

STANDARD VISITATION GUIDELINES

(Local Rules 18.08 and 12.2)

Visitation Schedule

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This schedule enumerates the visitation rights of the child(ren) and the parents. In addition to enumerating the specific days, dates, and times during which visitation may be exercised – and is expected to be exercised, this schedule enumerates the conditions and the court’s expectations pursuant to which visitation shall be exercised. The residential parent is reminded the nonresidential parent is still a parent of the child(ren) notwithstanding this marriage is ending or has ended. Both parents are reminded there will be times when one or the other will have the child(ren) three consecutive weekends and or holiday periods. Both parents are reminded these visitation rights are intended to benefit the child(ren) as much as, if not more than, either parent. These are visitation guidelines only. The court reserves the right to modify these guidelines in the child(ren)’s best interest. Any deviation shall be separately submitted to and considered by the court and incorporated into a final order.

In two situations routine use of these guidelines shall not be approved by the court. These guidelines shall not be routinely used in actions involving children less than two years old. These guidelines also shall not be routinely used in actions in which the parent and child(ren) have not interacted for a long time and the best interest of the child(ren) will be served by a phase-in period of visitation to acquaint or re-acquaint the parent and the child(ren). In these two situations visitation schedules shall be devised on a case-by-case basis.

1. PARENTS’ BIRTHDAYS, MOTHER’S/FATHER’S DAY. The children shall be with the appropriate parent on these days from 9:00 A.M. to 7:00 P.M. or, if a school day, from 4:00 P.M. to 7:00 P.M..
2. CHILD(REN)’S BIRTHDAYS. Visitation shall be exercised on the child(ren)’s birthdays from 9:00 A.M. to 7:00 P.M. or, if the birthday falls upon a school day, from 4:00 P.M. to 7:00 P.M.- If this schedule affects more than one child, all the children shall attend each birthday visitation.If there is one child, the child and the nonresidential parent shallexercise this birthday visitation in odd-numbered years. The child and the residential parent shall exercise this birthday visitation in even-numbered.If there is more than one child, the children and the nonresidential parent shall exercise this birthday visitation upon the birthdays of the first and other odd-numbered children in odd-numbered years, and upon the birthdays of the second and other even-numbered children in even-numbered years. The children and the residential parent shall exercise this birthday visitation upon the reverse birthdays of the children.
3. CHRISTMAS. In odd-numbered years the child(ren) and the nonresidential parent shall exercise visitation from 7:00 P.M. on the last day of school (or, if none of the children attend school, from 7:00 P.M., 16 December) to 7:00 PM, 26 December; and the child(ren) and the residential parent shall exercise visitation from 7:00 PM, 26 December to 7:00 PM, I January. In even-numbered years this visitation shall be reversed.
4. SPRING BREAK. In odd-numbered years the child(ren) and the nonresidential parent shall exercise visitation from 7:00 P.M. on the last day of school before Spring Break to 7:00 P.M. the day before school reconvenes. In even-numbered years the child(ren) and the residential parent shall exercise this Spring Break Visitation.
   If Good Friday – Easter Weekend does not occur during the child(ren)’s Spring Break, then in even-numbered years the child(ren) and the nonresidential parent shall exercise visitation from 7:00 P.M. the Thursday before Good Friday to 7:00 P.M., Easter In odd-numbered years the child(ren) and the residential parent shall exercise this Good Friday Easter Weekend Companionship.

   If the child is not, or none of the children are attending school, then the child(ren) and the nonresidential parent shall exercise visitation from 7:00 P.M. the Thursday, before Good Friday to 7:00 P.M. the following Friday in odd-numbered years. In even-numbered years the child(ren) and the residential parent shall exercise this visitation.

5. HOLIDAYS
   1. MEMORIAL DAY. In odd-numbered years the child(ren) and the nonresidential parent shall exercise visitation from 7:00 P.M. the Friday preceding Memorial Day to 7:00 P.M., the Tuesday following Memorial Day. The child(ren) and the residential parent shall exercise this visitation in even-numbered years.INDEPENDENCE DAY. In even-numbered years the child(ren) and the nonresidential parent shall exercise Independence Day visitation from 7:00 PM., -3 July to 7:00 PM, 5 July. In odd-numbered years the child(ren) and the residential parent shall exercise this visitationLABOR DAY. In odd-numbered years the child(ren) and the nonresidential parent shall exercise visitation from 7:00 P.M. the Friday preceding Labor Day to 7:00 P.M., the Tuesday following Labor Day. In even-numbered years the child(ren) and the residential parent shall exercise this visitation.

      THANKSGIVING. In even-numbered years the child(ren) and the nonresidential parent shall exercise visitation from 7:00 P.M. the Wednesday preceding Thanksgiving to 7:00 P.M., Sunday. In odd-numbered years the child(ren) and the residential parent shall exercise this visitation.

6. SUMMER. The child(ren) and the nonresidential parent shall exercise visitation for six consecutive weeks during the Summer Vacation of the school district in which the child(ren) reside. This visitation shall commence on a Friday at 7:00 P.M. and end on the sixth following Friday at 7:00 P.M.  In odd-numbered years the nonresidential parent shall choose the commencement date of summer visitation and notify in writing the residential parent and, if one or more of the child(ren) can read, the child(ren) at least thirty days before this commencement date. In even-numbered years the residential parent shall choose the commencement date of summer visitation and notify in writing the nonresidential parent and, if one or more of the child(ren) can read, the children at least thirty days before the commencement date of summer visitation. During this summer visitation the child(ren) and the residential parent shall exercise weekend visitation as described below.
7. WEEKENDS. The child(ren) and the nonresidential parent shall exercise visitation on alternate weekends 7:00 P.M., Friday to 7:00 P.M., Sunday commencing the second Friday following journalization of any order or decree of which this schedule is a part. During the child(ren) and nonresidential parent’s summer visitation the child(ren) and the residential parent shall exercise a like weekend visitation beginning the second Friday and the fourth Friday following the commencement of summer visitation.
8. If a potential conflict between two or more of the preceding visitation provisions occurs, then the first listed shall be exercised.
9. CANCELLATION, MAKE-UP. If the nonresidential parent must cancel a visitation period, he or she shall notify the residential parent and the child(ren) as soon as possible. The nonresidential parent shall cancel visitation only for an emergency such as a change in his or her work schedule or an illness in his or her household. The nonresidential parent shall not cancel visitation because he or she does not feel like exercising it.An illness or injury sufficiently serious to keep the child(ren) in bed through the visitation period shall be the only reason the residential parent may cancel visitation. If the residential parent must cancel a visitation period, he or she shall notify the nonresidential parent as soon as possible. The nonresidential parent may, at his or her election, spend up to one hour beginning at the usual commencement time of the visitation period with the ill or injured child. The child(ren) who are not ill or injured shall exercise visitation with the nonresidential parent. The parent who cancels a visitation period shall explain it to the child(ren). The cancelled visitation period shall be made up within sixty days at a time agreed upon by the parties.
10. PICK-UP, RETURN. The residential parent shall have the child(ren) physically and emotionally ready to go at the commencement of each visitation period. The nonresidential parent shall pick up the child(ren) on time or within one-half hour or forfeit that visitation period. The nonresidential parent shall not return the child(ren) from visitation early without prior notice to and consent of the residential parent, and shall only do so in the event an emergency arises. If the nonresidential parent is unavailable to pick up or return the child(ren), an adult well known to the children may do so. Only licensed drivers may transport the child(ren). No person transporting the child(ren) shall have consumed any alcohol or drugs of abuse or be under the influence of drugs.
11. CLOTHING. The residential parent shall send sufficient appropriate clothing with the child(ren) each visitation period. The nonresidential parent shall return all such clothing when returning the child(ren). At the conclusion of any visitation period which lasts more than three days (72 hours) the parent returning the child(ren) shall return the child(ren)’s clothing cleaned and folded or hangered ready to put away. For the purpose of this clothing provision the nonresidential parent is deemed to be the residential parent during Summer Visitation.
12. COMMUNICATION. All mail from one parent to the child(ren) shall be confidential and shall not be opened or read by the other parent without the child(ren)’s prior voluntary consent. Neither parent shall impede reasonable telephone communication between the child(ren) and the other parent.
13. ACCESS. Pursuant to O.R.C. 3109.051(H) the court orders the nonresidential parent shall have access to any record related to the child(ren) under the same terms and conditions as the residential parent. Any keeper of a record who knowingly fails to comply with this order is in contempt of court.Pursuant to O.R.C. 3109.051(l) the court orders the nonresidential parent shall have access to any day care center in which the child(ren) is enrolled or attends under the same terms and conditions as the residential parent.Pursuant to O.R.C. 3109.051(J) the court orders the nonresidential parent shall have access to any student activity related to the child(ren) upon the same terms and conditions as the residential parent. Any school official or employee who knowingly fails to comply with this order is in contempt of court.The court may issue a separate Order and Notice containing these three access provisions.
14. LOVE AND RESPECT, NO CRITICISM. Each parent shall encourage the child(ren) to love, respect, and obey the other parent. Neither parent shall criticize the other parent before the child(ren) nor permit the child(ren) to associate with any person who criticizes the other parent.
15. ADDRESS, TELEPHONE. Each parent shall provide the other parent a current residence address and mailing address, if different, and telephone number. Each parent shall notify the other of any change in this information within 48 hours. The residential parent shall notify the nonresidential parent, the court, and the Child Support Enforcement Agency of his or her intent to move with the child(ren) to a new residence and provide the complete address of that new residence at least thirty days in advance of such move.

The court encourages the parents to cooperate regarding this visitation schedule to ensure the visitation works well and is in the best interest of the child(ren).

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