Fairfield County, Ohio Model Parent Visitation Schedule

Fairfield Local Rule 17.0
Visitation Schedules

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17.1 Local.

The following schedule is applicable to those situations where the parties live within 150 miles of each other. The primary goal of any visitation schedule is to maintain contact between the non-residential parent and child(ren).  The optimum visitation schedule is where the parties agree to be as flexible as possible.

17.11 Regular Visitation.

Alternate weekends from Friday, 6:00 P.M. to Sunday 6:00 P.M.; however, if the preceding Friday or the following Monday of that weekend is a holiday during which the non-residential parent is scheduled to have visitation, then visitation will be expanded to include the holiday beginning Thursday evening at 6:00 P.M. ( if Friday is the holiday) or shall extend through Monday at 6:00 P.M. (if Monday is the holiday).

The non-residential parent will have mid-week visitation of 5:00 P.M. to 8:00 P.M. on Wednesday evening every week..  At the discretion of the non-residential parent, if he or she has the facilities and is able to take the child to school on Thursday morning this visitation period may extend all night Wednesday and the non-residential parent must provide transportation and deliver the child to school on Thursday morning or to the residence of the residential parent or to daycare by 9:00 A.M. Thursday morning.

17.12 Holiday.

For the following listed holidays:

1. Martin Luther King Day
2. President’s Day
3. Easter or Passover
4. Memorial Day
5. July 4th
6. Veteran’s Day
7. Labor Day

the visitation schedule shall be:

For the years ending with an odd number, the non-residential parent shall have visitation on the odd numbered holidays.  For the years ending with an even number, the non-residential parent shall have visitation on the above even numbered holidays.  Visitation shall be from 6:00 P.M. the day before the holiday to 6:00 P.M. of the holiday except that with notice to the other parent, the July 4th return may be delayed until the following morning at 9:00 A.M.; however, where a non-residential parent’s work schedule would not permit this visitation, the holiday visitation will be restricted to the hours the non-residential parent can actually spend with the child(ren) between 9:30 A.M. to 8:30 P.M. (except July 4th as noted above unless notice is given that the child(ren) will be staying with grandparents during the holiday visitation).  Holiday shall take precedence over regular weekend visitation.

17.13 Day of Special Meaning.

Mother’s Day shall always be with the children’s mother and Father’s Day shall always be with the children’s father regardless of the weekend visitation schedule. If the parties cannot agree, the times shall be 9:30 A.M. to 6:00 P.M.

The child(ren)’s birthdays shall always be with the mother in years ending with even numbers and always with the father in years ending with odd numbers.  The non-residential parent must provide one week’s notice of the intent to have visitation for the birthday.  If the parties cannot agree, the visitation time shall be 10:00 A.M. to 7:00 P.M. if the birthday falls on a non-school day for the child and the non-working day for the designated parent. If it is the child’s school day or the designated parent’s work day, the visitation time shall be 5:00 P.M. to 8:00 P.M.  The child(ren)’s birthday visitation schedules take precedent over all other designated visitation times.  Brothers and sisters shall be permitted to attend the birthday event.

17.14 Extended Holiday Periods.

There are certain holiday periods where school age children receive additional time off from school during spring breaks, Thanksgiving and Christmas. While these periods are of special importance to both parents, they provide an added opportunity for non-residential parents to have contact with their children since generally their times with the children are far less than times with the residential parent.  This, however, should not be taken as preferential treatment to the non-residential parent.

For the years ending in even numbers, the non-residential parent shall have visitation:

1. Thanksgiving break:  Thursday, 6:00 P.M. to Sunday, 6:00 P.M.  For the years ending in odd numbers, the non-residential parent shall have visitation;
2. Spring break:  6:00 P.M. the first day of the break through 6:00 P.M. of the last day before vacation ends.

17.15 Christmas Visitation.

Every year the non-residential parent shall have Christmas visitation from 3:00 P.M. Christmas day (or Hanukkah) to 6:00 P.M. on the last day before school resumes after New Year’s Day.

17.16 Summer Vacations.

The non-residential parent shall have the opportunity to have the child(ren) for five weeks during the summer vacation which may be exercised in two blocks of no more than three weeks separated by at least 14 days. During summer vacation there will be reciprocal weekends and mid-week visitation for the residential parent. Provided also that the parties shall each have two weeks of uninterrupted visitation with the children without visitation with the other.  There must be a 90 day written advance notice of the weeks to be taken.  With the consent of the non-residential parent, the vacation periods may be split between non-residential parent and the non-residential grandparents.

The vacation periods should be quality time and, therefore, it would be anticipated that the majority of the period is time off from the parent’s work.  The non-residential parent’s choice of vacation has priority over the residential parent’s choice unless the residential parent’s vacation is an annual mandatory shut-down of that party’s employer.

17.17 Transportation.

1. Overnight.  The child(ren) shall be picked up at their home by the non-residential parent or a designated driver for transportation to the parent or grandparents location.  The residential parent or a designated driver shall pick up the child(ren) and return them to their own home.  This rule divides the responsibility for transportation time and expense and keeps the child(ren) in a home while waiting.
2. Midweek and any other visitation.  Non-residential parent is responsible for all transportation.

17.2 Long Distance.

The intent of long distance visitation (over 150 miles) is the same as when the parties are located reasonably close to one another and that is to maintain contact between the child(ren) and the non-residential parent.  Both parties are encouraged to be as flexible as possible concerning visitation.

17.21 Extended Holiday Periods.

The non-residential parent shall have visitation.

1. Thanksgiving:  From 6:00 P.M. Wednesday (before Thanksgiving Day) to Sunday, 6:00 P.M.
2. Spring Break:  From 6:00 P.M. of the first day of the break to 6:00 P.M. to the day before school starts.
3. Christmas:  Every year the non-residential parent shall have Christmas visitation from 3:00 P.M. Christmas day (or Hanukkah) to 6:00 P.M. on the last day before school resumes after New Year’s Day.

17.22 Summer Vacation.

The non-residential parent shall have seven weeks of summer visitation with the child(ren) which shall be exercised at the discretion of the non-residential parent in two blocks of not more than four weeks separated by a least two weeks.  During summer vacation there will be reciprocal weekends if travel time is less then six hours.  In any event, with school age children, the child shall be returned to the residential parent at least one week prior to the start of school.  The only exception would be where the residential parent’s vacation is controlled by a mandatory shut-down of employer’s operations.  The non-residential parent shall notify the residential parent as to the particular weeks on or before April 15 of each year.

17.23 Additional Vacation Times.

The non-residential parent may exercise additional visitation time with the child(ren) as follows:

1. Where the travel time does not involve more than six hours (round trip), the non-residential parent may exercise each year one period of visitation for a three day weekend during a holiday otherwise designated for a non-residential parent under Rule 17.12 beginning at 4:30 P.M. the day before the first day of the three day weekend at 8:30 P.M. of the last day of the three day weekend.  The residential and non-residential parent shall divide equally the transportation time and costs.  The non-residential parent must provide a thirty day notice of intent to exercise this visitation.
2. If the non-residential parent elects to travel to the area where the child(ren) normally reside, the non-residential parent may exercise visitation pursuant to Rule 17.13 except the following times would apply:
   1. Mother’s/Father’s Day:  1:00 P.M. to 5:00 P.M.
   2. Non-residential Parent’s Birthday:  1:00 P.M. to 5:00 P.M. (non-school days); 6:00 P.M. to 8:30 P.M. (school days); (if both parents have same birthdate, they are to alternate).
   3. Children’s Birthday:  1:00 P.M. to 5:00 P.M. (non-school days), 6:00 P.M. to 8:30 P.M. (school days).
      If the non-residential parent intends to exercise this additional visitation, fourteen (14) days notice must be given to the residential parent.  Unless the order or decree specified otherwise, the non-residential parent shall be responsible for the costs of transportation.

17.24 Transportation.

Where the parties reside more than 150 miles apart, the parties will divide the hours of transportation and the expense as evenly as possible.  Being aware that some parents are unable to travel the distance or pay their full share of the costs, the rule is that the non-residential parent will be responsible for transportation and cost but the court will adjust the support obligation of the non-residential parent to balance this factor.

17.3 Babies and infants—age birth to 18 months

The court recognizes that visitation with babies and infants raises special concerns for the parties because of the care, skill and needs of the baby or infant.

During this most formative of times it is important that both parents be able to observe, share and participate in activities with the baby or infant.

The court encourages that the non-residential parent have frequent short visits with the baby or infant at the beginning with more and longer visits as the baby grows and the comfort level for the baby and parent increases.

Birth to six months.  Short visits by the non-residential parent in the home of the residential parent.  Seven hours per week.  6:00 P.M. to 7:00 P.M. each day or any other total of seven hours over four or more days as selected by the non-residential parent.

Six months to one year. Same as above for birth to six months plus one weekend day (Saturday or Sunday) per week from 10:00 A.M. to 6:00 P.M.  This weekend day will be out of the home of the residential parent.

One year to 18 months.  Four hours each week in the home of the residential parent plus 24 hours each weekend beginning at 6:00 p.m. on Friday or Saturday and ending 24 hours later.

After 18 months.  Regular visitation schedule applies.

For time and distance reasons, this special schedule for infants shall not apply if the parties live 150 or more miles apart.

17.31       Special situations.

If the parties have a baby or an infant who is  younger than 18 months of age and either parent does not believe this infant schedule is appropriate in their circumstances then, upon the request of either parent, the court will schedule an oral hearing for the purpose of establishing a reasonable visitation schedule.  Said hearing will be rescheduled for 30 minutes allowing each parent 15 minutes of testimony.

17.4         Visitation General Rules.

1. Modification of support.  No modification of support will be made for any visitation time, equal to more or less than the schedule for when the child(ren) are with the non-residential parent, due to the factor of time spent with the child(ren).
2. Notice.  Parents have a right to visit their child(ren) and the child(ren) has/have a right to prepare for and expect a visit.  Notice of the intent not to visit shall be given 24 hours in advance.  The child(ren) must only be available for 30 minutes past the scheduled pick-up time unless prior arrangements have been made by the parties.
3. Special situations.  When the residential parent will be gone overnight regardless of the age of the child(ren), the non-residential parent shall be afforded the opportunity to overnight parenting time.
4. The non-residential parent shall have frequent and ongoing telephone contact with the child(ren).  The non-residential parent shall utilize this time in a reasonable fashion.
5. Relocation.  The residential parent shall notify the court of any intent to relocate the child(ren) and shall provide the court with a new residential address promptly.  Said notice shall be filed by the court with the Clerk of Courts and a copy forwarded to the non-residential parent.

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