Crawford County, Ohio Parent’s Rights and Visitation Schedule

Crawford County Local Rule 25
Standard Visitation Defined

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25. (A)

In any domestic relations case, barring otherwise extraordinary circumstances, where the parties live within approximately 100 miles of each other, if the parties cannot agree to a visitation schedule, it shall be the standard visitation order of this Court that the non-residential parent shall have visitation as follows:

1. Alternate weekends from Friday evening at 6:00 p.m. until Sunday evening at 6:00 p.m.
2. The children and/or the residential parent have no duty to await the visiting parent for more than one hour of the visitation time.   A parent late more than one hour shall forfeit that visitation period, unless the non-residential parent is notified by the residential parent that visitation cannot be exercised at the scheduled time and a mutually agreeable alternate date is set.
3. For the purpose of visitation there are seven (7) holidays to be divided between the parents:

1. In the odd-numbered years (i.e. 1991) the residential parent shall have the children on the odd-numbered holidays (left column), and the non-residential parent shall have visitation on the even-numbered holidays (right column).
2. In the even-numbered years (i.e. 1992) the non-residential parent shall have the  odd-numbered holidays and the residential parent the even numbered holidays.
3. The visitation times for holidays shall be 9:00 a.m. to 8:00 p.m. for children ten years of age or less and 9:00  to 9:00 p.m. for children eleven years of age or older on the day of the holiday unless other-wise agreed.  When the non-residential parent’s holiday falls on a Monday, and that Monday holiday immediately follows his/her alternate weekend, the visiting parent shall be entitled to keep the children continuously from 6:00 p.m. Friday until 6:00 p.m. Monday.  If there is more than one minor child, the hour of return shall be the hour of the youngest child, unless otherwise agreed.

1. Each year at Christmas time the residential parent shall have the children on Christmas Day and the non-residential parent shall have the children from 1:00 p.m. to 9:00 p.m. on Christmas Eve. The non-residential parent also shall have the children from December 26^th at 9:00 a.m. to January 1^st at 8:00 p.m. for children ten years of age or less and 9:00 a.m. to 9:00 p.m. for children eleven years of age or older when it is his/her holiday to have the New Year’s Day holiday.
2. On Mother’s Day and Father’s Day no matter whose turn for visitation, the children shall be with the appropriate parent on those days. The hours for those days shall be from 9:00 a.m. to 6:00 p.m.
3. A four-week (28) day visitation each summer.  The residential parent shall not be required to make up alternate weekends missed by the non-residential parent due to the residential parent’s out-of-town vacation so long as no more than two such alternate weekends are missed.  The parties shall agree to the time of summer vacation and shall give consideration to vacation plans for the parties and the summer activities of the children.  If the parties cannot agree, then summer vacation shall be the four weeks preceding one full calendar week prior to starting school.
4. The above standard of visitation is intended to apply to parents who live within approximately 100 miles of each other.  It is assumed that parents who live further than 100 miles from each other can apply to the Court for a different visitation schedule.
5. Each parent shall keep the other parent advised of his/her current address and any phone number at all times, and if one parent changes his/her current address or phone number, he/she shall notify the other parent of the change by certified mail prior to the change.
6. The non-residential parent shall be permitted to telephone the children and speak with the children without interference by the residential parent at least once per week.
7. During the weekdays between weekend visitation, the non-residential parent will be granted visitation in the amount of no less than three hours during one afternoon or evening.  The hour of return shall be no later than 8:00 p.m. for children ten years of age or less, and no later than 9:00 p.m. for children eleven years or older.  If there is more than one child, the hour of return shall be the hour for the youngest child, unless otherwise agreed.
8. Visitation is for the mutual benefit of the non-residential parent and child/children.  The non-residential parent will not allow his or her visitation rights to interfere with normal and usual activities of the child/children.  Visitation is intended to enhance the childhood experience, not to detract from it, and both the residential and non-residential parent shall conduct themselves in such a way as to assure the fulfillment of this intent.

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25.  (B)

A Bill of Rights for Children is adopted and will be considered as part of this Rule.  The Visitation Rules for Fair Play are also included with these rules.

(Effective April15, 1992.)

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Local Rule 25.1 Bill Of Rights For Children Of Divorce

1. The right to be treated as important human beings, with unique feelings, ideas, and desires, and not as a source of argument between parents.
2. The right to a continued relationship with both parents and the freedom to receive love from and express love for both.
3. The right to express love and affection for each parent without having to stifle that love because of fear of disapproval by the other parent.
4. The right to know that their parents’ decision to divorce is not their responsibility and that they will live with one parent and will visit the other parent.
5. The right  to continuing care and guidance from both parents.
6. The right to honest answers to questions about changing family relationships.
7. The right to know and appreciate what is good in each parent without one parent degrading the other.
8. The right to have a relaxed, secure relationship with both parents without being placed in a position to manipulate one parent against the other.
9. The right to have the custodial parent not undermine visitation suggesting tempting alternatives or by threatening to withhold visitation as a punishment for the children’s wrong doing.
10. The right to be able to experience regular and consistent visitation, and the right to know the reason for a canceled visit.

(Effective April 15, 1992.)

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Local Rule 25.2
Visitation Rules For Playing Fair

To help you and your spouse minimize difficulties in living with visitation, the following guidelines should be heeded.

Non -Custodial Parent:

1. If you have no prearranged schedule for visits, always give fair notice of an intended visit.
2. Do not keep the children out to late: stick to the agreed-upon hours.
3. Do not make an appointment to see your child if you do not plan to keep it. Your child needs to be able to rely on you.
4. If you must cancel a day visitation, give at least forty-eight hours notice, and at least a week’s notice for missing a multiple-day visitation.

BOTH PARENTS:

1. Do not use your child to spy on or carry messages to your ex-spouse; do not question the child about the parent’s activities.
2. Do not belittle your ex-spouse to the child.
3. Be willing to compromise on the timing of visits, especially as your child grows up, as your children have a right to a life and interests of their own

CUSTODIAL PARENT:

1. Do not threaten to stop visits if child support checks do not arrive. The court cannot impose this sanction, and your interference with visitation could affect your custody status.
2. Do not make excuses to block visits to the other parent. Your child has a right to see
3. the other parent and needs both of you.

Remember visitation is a dual right. It involves each parent’s right to share in the life of the child and the child’s right to know both parents and to enjoy their companionship. If you and your spouse remember your child’s interests, visits will be happier and more beneficial for all.

From Divorce in New  York State by Grier Raggio, Jr. et al

(Effective April 15, 1992)

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