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Columbiana County Local Rule 9.4, 9.41 and 9.42 Standard Visitation Parenting Time Schedules

November 29, 2009

web page last updated 11-29-09

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, or, if need be, click the “more” link below.

RULE 9.4 UNIFORM LOCAL COMPANIONSHIP

COLUMBIANA COUNTY

GUIDELINE PARENTING SCHEDULE

1. GENERAL PARENTING PRINCIPLES

During and after a divorce, there is often a crisis period (from several months to years) during which families are under great stress because of loss, conflict, and change. Most studies show and psychologist uniformly agree, that the children who do best following divorce are from those families which maintain a low level of conflict. The absence of conflict is even more critical than the amount of time either parent spends with the child.

Children, however, clearly profit by continued meaningful contact with both parents. Children need the continuing and regular involvement of both parents to feel loved. No specific schedule will satisfy the change in needs of both children and parents over the years. Critical to the success of any schedule is that each parent be flexible, based upon the changing needs of a child, as the child grows older.

This Guideline Parenting Schedule takes into account the changing developmental needs of children. It is recognized that each situation and each child is different. It is preferred that parents tailor the parenting schedule to meet the specific needs of their children.

In all cases, including requests for 75(M) orders, the court will strive to adopt a parenting schedule that is in the child(ren)’s best interests. Any request to deviate from the following parenting schedule shall be supported by the filing of the proper affidavits/evidence. The factors contained in ORC 3109.05.1(D) shall be considered in any proposed deviation from the guideline-parenting schedule. Absent a request for deviation and the filing of affidavits/evidence in support thereof, the court will impose the guidelines set forth below.

A good parenting schedule developed for a family should be based upon the following considerations:

A. The developmental needs and age of each child.

B. The psychological attachments of each child.

C. The way child rearing tasks were shared during the marriage.

D. The preservation or development of a close relationship with each parent.

E. A consistent and predictable schedule that minimizes the transition between

the households, especially where young children are involved. Failure to

consistently exercise parenting time may result in modification of the

parenting schedule.

F. Each child’s temperament and ability to handle change.

G. Parents career demands and work schedules.

H. The need for periodic review of the plan, noting trouble signs and revising as each child’s needs and circumstances change.

For purposes of exercising this parenting schedule,____________________is designated the residential parent and __________________ is designated the non-residential parent.

The policy of the following time allocation is to provide a schedule which is best suited for the particular age of that child(ren).

2. WEEKLY SCHEDULE

A. Birth to Six Months

The non-residential parent shall have parenting time weekly as follows:

Tuesday afternoon and Thursday afternoon for a period not to exceed three hours. Alternate Saturdays and Sundays from 9:00 A.M. until 6:00 P.M. The Court will consider modifications to an overnight schedule as the child’s age increases. The Schedule shall continue on a weekly basis until modified by the parties.

B. Ages Six months through 18 years

Week A: Tuesday or Wednesday afternoon consistent with the non-residential parent’s work schedule and/or the children’s school schedule if school is in session, and Friday from 6:00 P.M. until Sunday at 6:00 P.M.

Week B: Tuesday and Thursday afternoons consistent with the non-residential parent’s work schedule and/or the children’s school schedule if school is in session. The parenting time on Tuesday and Thursday afternoons shall consist of not less than three hours, however, shall conform with the children’s bedtimes.

Parents should respect a teenager’s need to spend time with peers and in organized activities, and less time with each parent, especially during weekends and summer holidays. Quality of time is more important than a rigid schedule. Flexibility in scheduling is necessary. When possible, it is preferable to consider the teenager’s wishes, as long as the parents agree.

3. ADDITIONAL PARENTING TIME

In the event of a conflict, the following is the order of preference: 1st. holidays; 2nd extended periods; 3rd weekends; 4th midweek days. The two week uninterrupted parenting time shall take precedence over summer holidays.

A. Holidays

Holiday Even # Years Odd # Years Schedule

New Years Mother Father 1/1 at 9:00 a.m.

to 1/1 at 6 p.m.

Martin Luther King Father Mother Sun 6 p.m.

to Mon. 6 p.m.

Presidents Day Mother Father Sun 6 p.m.

to Mon. 6 p.m.

Easter Father Mother Sat. 8:00 p.m.

to Sun 6 p.m.

Memorial Day Mother Father Sun 6 p.m.

to Mon. 6 p.m.

Fourth of July Father Mother 9 a.m. to 9 p.m.

Labor Day Mother Father Sun 6 p.m.

to Mon. 6 p.m.

Halloween Father Mother 5 p.m. to 9 p.m.

Thanksgiving Mother Father Wed 6 p.m.

to Fri. 6 p.m.

Christmas Eve Father Mother 12/23 noon to

12/24 at 9 p.m.

Christmas Day Mother Father 12/24 at 9 p.m.

to 12/26 6 p.m.

Mother’s Day Mother Mother 10 a.m. to 9 p.m.

Father’s Day Father Father 10 a.m. to 9 p.m.

For all other holidays, including religious holidays celebrated by the family which are not included in the above list, the parties shall alternate from year to year with the mother having the even numbered years and the father having the odd numbered years on those particular holidays. For holidays that extend for more than a one day period, the parties shall divide the days as equally as possible in order to permit both parties to spend that holiday time with the children.

For school districts who have Fridays or Mondays off that are not listed in the holiday schedule, that Friday or Monday, the parent whose weekend it is shall have the option of extending their weekend companionship to include the extra day.

B. Extended Time

1. Each parent shall be entitled to two weeks of consecutive, uninterrupted parenting time each year. This consecutive two weeks shall not extend the summer parenting time and may be taken during the school year if the parties agree and appropriate arrangements have been made to comply with school regulations.

2. The non-residential parent may be entitled to one half of the summer vacation each year during the summer, two weeks of which may be consecutive and uninterrupted. If the parents are unable to agree as to the summer schedule, the non-residential parent shall be entitled to the first half of the summer. The summer vacation is defined as commencing the day after the children get out of school and continuing until seven (7) days before school begins. During summer companionship, each parent receives weekday companionship as afforded the non-residential parent during the rest of the year. The alternating weekends continue during the summer companionship without interruption except for the two weeks of consecutive uninterrupted parenting time.

3. The child(ren)’s spring break from school (every other year) and one half Christmas break (every year) shall also be spent with the non-residential parent. The parent who has Easter shall have spring break in the same year

4. Extended periods of time are to be arranged as follows: for extended time at Spring

Break, by February 15th each year, for extended time in the summer, by May 15th of each

year, for extended time at Christmas, by November 1 of each year. Each parent shall

notify the other parent in writing of the times desired for these extended periods.

5. Alternating weekends and weekdays shall not be included in the calculation of the Christmas and spring breaks.

6. Birthdays

In even number years the mother shall have the children for their birthdays on the following schedule: if the child is in school on that day, the time will be 5:00 p.m. to 9:00 p.m., if the child is not in school on that day, from 9:00 a.m. to 9:00 p.m. The father shall have the children in odd number years on the same time schedule.

The parenting time for birthdays shall include all children of the marriage, not just the child celebrating his/her birthday.

The child/ren shall spend each parent’ birthday with that parent unless otherwise ordered by the court or agreement of the parties.

4. MISCELLANEOUS

A. The child(ren) and/or residential parent have no duty to wait for more than 30 minutes for the non-residential parent to arrive for parenting time. The non-residential parent who is more than 30 minutes late for a particular parenting time shall forfeit that time. An exception shall be made if the tardiness of the non-residential parent is for just cause (ie. Work schedule) and the residential parent receives both prompt notice and a reasonable estimated arrival time.

B. The non-residential parent who is more than 30 minutes late in returning the child(ren) without calling to make arrangements and without just cause may be subject to contempt.

C. If either parent will be unavailable during his/her scheduled parenting time, regardless of the age of the child(ren), he/she shall offer that parenting time to the other parent. Unavailable means that parent will be gone from his/her home overnight.

D. Make up time shall be given if the child(ren) or non-residential parent is not available at the scheduled time or if the residential parent denies access to the child(ren) without just cause. All make up days shall be rescheduled within 30 days.

E. If the parents are unable to reach an agreement regarding transportation, and unless otherwise provided by court order, the non-residential parent shall provide transportation at the commencement of the visitation period and the residential parent shall provide transportation at the termination of the parenting period. A responsible, licensed adult known to both parents may provide transportation if the parent is unavailable. Any person transporting a child(runs) shall use the proper child restraint seat and/or seat belts as required by law. No person shall consume alcohol or use illegal drugs immediately prior to or during the transportation of a child(ren).

F. Each parent shall have reasonable telephone contact with the child(ren). Reasonable is defined as one time per day.

G. Car Seat: For any and all children required by law to ride in a car seat, the parents shall transfer the car seat with the child as companionship changes occur.

H. Extracurricular Activities: Regardless of where the children are living, their

continued participation in extracurricular activities, school related or otherwise, shall continue uninterrupted. It shall be the responsibility of the parent who has the children at the time of the activity to provide the physical and economic cost of transportation to these activities. The residential parent shall provide the non-residential parent with notice of all extracurricular activities, school related or otherwise, in which the children participate, schedules of all extracurricular activities (handwritten by the residential parent if no formal schedule is provided by the activity) and the name of the activity residential parent with notice of all extracurricular activities, school related or otherwise, in which the children participate, schedules of all extracurricular activities (handwritten by the residential parent if no formal schedule is provided by the activity) and the name of the activity leader (including address and telephone number if reasonably available to the residential parent). Failing to do so may result in a finding of contempt with appropriate sanctions. The residential parent shall provide the non-residential parent with a copy of the school calendar.

5. STATUTORY NOTICES

A. RELOCATION NOTICE: Pursuant to ORC 3109.051 (G), the parties hereto are hereby notified as follows:

If the residential parent intends to move to a residence other than the last residence of court record, he/she shall file a notice of intent to relocate with this Court. Except as provided in ORC 3109.051(G) (2), (3) and (4), a copy of such notice shall be mailed by the Court to the non-residential parent. On receipt of the notice, the Court, on its own motion or on the motion of the non-residential parent, may schedule a hearing with notice to both parties to determine whether it is in the best interest of the children to revise the visitation schedule for the children. Said notice shall be filed 60 days prior to the relocation.

B. RECORDS ACCESS NOTICE: Pursuant to ORC 3109.051(h) and 3319.321(b) (5) (a), the parties are notified as follows:

Except as specifically modified or otherwise limited by court order, and subject to ORC 2301.35(G) (2) and 3319.321(F), the non-residential parent is entitled to access under the same terms and conditions as the residential parent to any record that is related to the children and to which the residential parent is legally provided access, including school records. Any keeper of a record, public or private, who knowingly fails to comply with this order, is in contempt of Court.

Both parents shall have access to the children’s school records. Both parents are encouraged to participate in parent-teacher conferences, school trips, school programs and other school events in which parents are invited to participate. The parent receiving the grade card shall give a copy to the other parent within a reasonable time.

C. DAY CARE CENTER ACCESS NOTICE: Pursuant to ORC 3109.051(I), the parties hereto are hereby notified as follows:

Except as specifically modified or otherwise limited by court order, and in accordance with ORC 5104.011, the non-residential parent is entitled to access to any day care center that is or will be attended by the children with whom visitation is granted, to the same extent that the residential parent is granted access to the center.

D. SCHOOL ACTIVITIES NOTICE: Pursuant to ORC 3109.051(J), the parties hereto are hereby notified as follows:

Accordance with ORC 5104.011, the non-residential parent is entitled to access to any day care center that is or will be attended by the children with whom visitation is granted, to the same extent that the residential parent is granted access to the center.

6. SPECIAL CIRCUMSTANCES

A. Domestic Violence: The Companionship Plan may need to be adjusted when there has been domestic violence. Please refer to the most recent revision of the law or consult with an attorney regarding this special circumstance.

B. Re-establishment of Parent-Child Relationship after a Long Absence: When the visitation has not taken place for an extended period of time, both parents should consider the possible adverse effects upon the child and gradually re-introduce an appropriate access plan for the non-custodial parent. A separate schedule has been developed for this purpose. (Rule 9.42)

C. Travel with the Child: Whenever the child travels with either parent, one of the following will be provided to the other parent: an itinerary of travel dates, destinations, and places where the child or traveling parent can be reached; or the name and telephone number of an available third person who would be knowledgeable of the child’s whereabouts.

D. Out of Town Access: Plans regarding out of town access are more difficult to suggest because of the effect of such facts as distance, parents’ employment schedule, parents’ financial ability to pay for more or less frequent trips, and the availability of child care while children are visiting from out of town. These and many other facts necessitate specific arrangements be made. In general, visits would be less often and of longer duration.

E. Travel of Child Alone: Travel alone of a child under the age of 12 years is not recommended.

F. Access to Address and Phone Number: Both parties shall provide each other with their current address and phone number unless doing so would endanger either the child or the parent. If an address or phone number cannot be provided, then the name and number of an available third party would/can reach the child or inaccessible parent in the event of an emergency should be provided.

G. Emergency Medical Treatment: In the event that the child is in need of emergency

medical treatment, it shall be the responsibility of either party to obtain treatment for the child

and immediately notify the other parent.

RULE 9.41 UNIFORM LONG DISTANCE COMPANIONSHIP PLAN

Liberal companionship arrangements are encouraged, as contact with both parents is important to the children. Specific items in the Journal Entry take precedence over this schedule. Changes or modifications can be made by the Court if need for such is shown. Support payments are not affected by the schedule unless ordered by the Court.

AT SUCH TIMES AND PLACES AS THE PARTIES MAY AGREE.

1. Christmas: Christmas vacation will be divided in half and alternated annually, by half, between the parents. Christmas break shall begin the day school is out and shall terminate the day before school resumes. The parties shall alternate the first half of Christmas break each year.

2. Spring Break: School vacation (the Friday school is out to the day before school recommences, to be coincidental with the days of the school vacation and not to interfere with school) in odd-numbered years of the Saturday before Easter to the Saturday after Easter for preschoolers with no school-aged siblings.

3. Alternative Holiday Plans: Those who wish more frequent contact, and who develop a plan to pay for the transportation, alternate-year Thanksgiving, and half of Christmas vacation each year. The holidays themselves must be alternated, as the parties agree, or Easter and Thanksgiving in the odd-numbered years and Christmas in the even numbered years for the non-residential parent.

4. Summer: One-half of the school summer vacation. Summer school necessary for the child(ren) to pass to the next grade must be attended. The residential parent shall notify the non-residential parent by March 15 of when the summer vacation begins and ends. The non-residential parent must notify the residential parent as to their intentions by April 15.

a. If the parties cannot agree which half of the summer they prefer, in the even-numbered years, the first half of the summer shall be spent at the non-residential home, and in odd-numbered years, the second half.

b A general itinerary should be provided either parent if more than two days will be spent away from either home when the children are in that parent’s care.

Telephone: The children must be allowed to have reasonable communication by telephone at least one time per week, with both parents, regardless of with whom the child is currently living. Reasonable shall be defined as one time per day. The non-residential parent shall pay for calls on the weekdays and the residential parent shall pay for calls on the weekends. The child(ren) shall call the non-residential no less than every Sunday evening of each and every week.

6. Vacations: Each parent may arrange an uninterrupted vacation of not more than two

weeks with the children. A general itinerary of the vacation shall be provided for the

other parent, including dates, locations, addresses and telephone numbers.

a Vacation is defined as a trip away from the parents’ home. It does not include a parents’ vacation time off from work where that parent spends it at home.

b Summer school necessary for the child to pass to the next grade must be attended.

7. Additional Companionship:

a Once a month weekend visit to the non-residential home will be permitted if the child’s traveling time does not exceed three hours one way. The residential parent must be notified at least one week in advance.

b Father’s Day and Mother’s Day can always be spent with the appropriate parent.

c The non-residential parent shall notify the residential parent at least two days in advance of any time the non-residential parent will be in the area and wants a companionship period. Absent extra ordinary circumstances, this companionship shall occur.

d The residential parent must notify the non-residential parent at least two days in advance when the residential parent and child(ren) will be in the area of the non residential parent, and companionship must be allowed.

Moving: If the residential parent intends to relocate to a new residence, that parent

shall cause a Notice of Intent to Relocate to be filed with the Court as provided by Revised Code 3109.51(G)

9. STATUTORY NOTICES

A.) RELOCATION NOTICE: Pursuant to ORC 3109.051 (G), the parties hereto are hereby notified as follows:

If the residential parent intends to move to a residence other than the last residence of court record, he/she shall file a notice of intent to relocate with this Court. Except as provided in ORC 3109.051(G) (2), (3) and (4), a copy of such notice shall be mailed by the Court to the non-residential parent. On receipt of the notice, the Court, on its own motion or on the motion of the non-residential parent, may schedule a hearing with notice to both parties to determine whether it is in the best interest of the children to revise the visitation schedule for the children. Said notice shall be filed 60 days prior to the relocation.

B.) RECORDS ACCESS NOTICE: Pursuant to ORC 3109.051(h) and 3319.321(b) (5) (a), the parties are notified as follows:

Except as specifically modified or otherwise limited by court order, and subject to ORC 2301.35(G) (2) and 3319.321(F), the non-residential parent is entitled to access under the same terms and conditions as the residential parent to any record that is related to the children and to which the residential parent is legally provided access, including school records. Any keeper of a record, public or private, who knowingly fails to comply with this order, is in contempt of Court.

Both parents shall have access to the children’s school records. Both parents are encouraged to participate in parent-teacher conferences, school trips, school programs and other school events in which parents are invited to participate. The parent receiving the grade card shall give a copy to the other parent within a reasonable time.

C.) DAY CARE CENTER ACCESS NOTICE: Pursuant to ORC 3109.051(I), the parties hereto are hereby notified as follows:

Except as specifically modified or otherwise limited by court order, and in accordance with ORC 5104.011, the non-residential parent is entitled to access to any day care center that is or will be attended by the children with whom visitation is granted, to the same extent that the residential parent is granted access to the center.

D.) SCHOOL ACTIVITIES NOTICE: Pursuant to ORC 3109.051(J), the parties hereto are hereby notified as follows:

Except as specifically modified or otherwise limited by the court order, and subject to ORC 3119.321, the non-residential parent is entitled to access, under the same terms and conditions as the residential parent to any student activity that is related to the children to which the residential parent legally is provided access.

10.) Current Address and Telephone Number: Each parent must keep the other informed of his/her current address and telephone number at all times.

11.) Modifications: This schedule can be changed or modified by the Court if need for such is shown.

12.) Car Seat: For any and all children required by law to ride in a car seat, the parents shall transfer the car seat with the child as companionship exchanges occur.

13.) Transportation: Responsibility for transportation costs should be decided in advance and a plan written into an order of the Court. The costs of transportation,

in the appropriate case, may be a basis for deviation from the child support schedule.

If the parents are unable to reach an agreement regarding transportation, and unless otherwise provided by court order, the non-residential parent shall provide transportation at the commencement of the visitation period and the residential parent shall provide transportation at the termination of the parenting period. A responsible, licensed adult known to both parents may provide transportation if the parent is unavailable. Any person transporting a child(ren) shall use the proper child restraint seat and/or seat belts as required by law. No person shall consume alcohol or use illegal drugs immediately prior to or during the transportation of a child(ren).

RULE 9.42 TRANSITIONAL PLAN FOR COMPANIONSHIP

GENERAL PARENTING PRINCIPLES

During and after a divorce, there is often a crisis period (from several months to years) during which families are under great stress because of loss, conflict, and change. Most studies show and psychologist uniformly agree, that the children who do best following divorce are from those families which maintain a low level of conflict. The absence of conflict is even more critical than the amount of time either parent spends with the child.

Children, however, clearly profit by continued meaningful contact with both parents. Children need the continuing and regular involvement of both parents to feel loved. No specific schedule will satisfy the change in needs of both children and parents over the years. Critical to the success of any schedule is that each parent be flexible, based upon the changing needs of a child as the child grows older.

This Guideline Parenting Schedule takes into account the changing developmental needs of children. It is recognized that each situation and each child is different. It is preferred that parents tailor the parenting schedule to meet the specific needs of their children.

In all cases, including requests for 75(M) orders, the court will strive to adopt a parenting schedule that is in the child(ren)’s best interests. Any request to deviate from the following parenting schedule shall be supported by the filing of the proper affidavits/evidence. The factors contained in ORC 3109.05.1(D) shall be considered in any proposed deviation from the guideline-parenting schedule. Absent a request for deviation and the filing of affidavits/evidence in support thereof, the court will impose the guidelines set forth below.

A good parenting schedule developed for a family should be based upon the following considerations:

A. The developmental needs and age of each child.

B. The psychological attachments of each child.

C. The way child rearing tasks were shared during the marriage.

D. The preservation or development of a close relationship with each parent.

E. A consistent and predictable schedule that minimizes the transition between

the households, especially where young children are involved. Failure to

consistently exercise parenting time may result in modification of the

parenting schedule.

F. Each child’s temperament and ability to handle change.

G. Parents career demands and work schedules.

H. The need for periodic review of the plan, noting trouble signs and revising

as each child’s needs and circumstances change.

For purposes of exercising this parenting schedule,____________________is designated the residential parent and __________________ is designated the non-residential parent.

The policy of the following time allocation is to provide a schedule which is best suited for the particular age of that child(ren).

1. For an initial four week period commencing Saturday/ Sunday __________________, the Non-Residential Parent shall visit with the child each Saturday/Sunday from 2:00 P.M. to 4:00 P.M. in the Residential Parent’s home, or at such alternate time or location as is mutually agreed to by the parties.

2. For the following four week period, commencing____________________________, the Non-Residential Parent shall have visitation each Saturday/Sunday from 1:00 P.M. to 5:00 P.M. outside of the Residential Parent’s presence at the Non-Residential Parent’s home or that of a member of his or her family.

3. For the following four week period, commencing ___________________________, the Non-Residential Parent shall have overnight visitation each Friday/Saturday night from 6:00 P.M. Friday/Saturday to 6:00 P.M. Saturday/ Sunday.

4. At the end of the above twelve-week period, the Non-Residential Parent shall have visitation in accordance with the Court’s Companionship Order, a copy of which is attached hereto as Exhibit A. The Court reserves the right to extend the transitional time in the best interests of the child.

Should the Non-Residential Parent fail to observe the schedule set forth in Paragraph 1, then visitation shall not expand as set forth in Paragraph 2. Should there be a failure to observe the schedule as set forth in Paragraph 2, then visitation shall not expand as set forth in paragraph 3. Should there be as failure to observe the schedule set forth in Paragraph 3, then visitation shall not expand as set forth in Paragraph 4.

In order to exercise visitation under this Court’s Companionship Order, it is expected that the Non-Residential Parent will provide appropriate accommodations for each child, including but not limited to a car seat and crib if needed.

Version: 07/18/2008

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