Local Rule 25

 

STANDARD VISITATION DEFINED

 

 

          Parents are encouraged to create an agreed equitable written parenting time schedule that fits their circumstances and their children’s lives, with the following serving as a schedule when the parents cannot agree.  Nothing herein prohibits the parents from changing the schedule upon mutual agreement.

          The parents should exert every reasonable effort to maintain contact between each parent and children, and to foster a feeling of affection between the children and each parent.  Neither parent should do anything which may estrange the children from the other parent or injure the children’s opinion as to either parent, or which may hamper the free and natural development of the children’s love and respect for the other parent.

          The parents shall not encourage the children to use terms “Father” and “Mother” and their equivalents to refer to persons other than these parties.

          It is the responsibility of the parents and not the children to make parenting time arrangements.  The children are not to become agents of a parent to make such arrangements.

          It is inappropriate for parents to involve children in differences or disagreements between the parents.

          For cases determined prior to the adoption of the most recent version of this rule, whatever version of this rule was in effect in each case at the time of that case’s most recent parenting time determination will be considered to be the current Rule 25 for purposes of that case until and unless the Court modifies the parenting time allocation in that case.

 

 

FOR PARENTS TRAVELING UNDER 90 MILES ONE WAY

 

1.         Weekends: Alternate weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m.  This alternating schedule shall not change, even when interrupted by holiday and birthday, summer and/or vacation parenting time. (See section 5(a) and 6 below.)

2.         Weekdays: One weekday evening per week from 5:00 p.m. to 8:00 p.m. which shall be Wednesday unless otherwise agreed and designated.

3.         Extracurricular Activities: Regardless of where the children are living, their participation in existing and renewed extracurricular activities, school related or otherwise, shall continue uninterrupted.  The parent who has the child at the time of the activity shall provide the transportation to these activities.  Notice of all extracurricular activities, school related, or otherwise, in which the children participate, schedules of all extracurricular activities (handwritten, if no formal schedule is provided by the activity) and the name of the activity leader (including address and telephone number if reasonably available) shall be exchanged between the parents. 

Generally, both parents are allowed freely to attend all school and extracurricular activities of children.  Also, both parents should be permitted to speak with and see the children at all school and extracurricular activities without interference by the other parent.

4.         Pre-School Age: Unless otherwise agreed, pre-school age children follow the same schedule of school age children in the school district where they live regardless of whether or not other school age children live in the family.  Frequent contact with both parents each week is recommended for very young children.

5.         Holidays: In odd-numbered years (i.e. 2009), the Mother shall have:

Spring Break                                   First half of Winter Break

Memorial Day                                  The child’s birthday

Labor Day

In odd-numbered years (i.e. 2009), the Father shall have:

Martin Luther King Jr. Day                 Thanksgiving

Fourth of July                                  Second half of Winter Break

In even-numbered years (i.e. 2010), the above schedules are reversed.

a.      In the event of a conflict between regular parenting time and holiday parenting time, holiday parenting time prevails.  The alternating weekend parenting time schedule continues, however, as if the holiday had not intervened.  This means that one parent may have the children three weekends in a row.  This process equalizes itself over the course of time for each parent.

For any holiday falling on a Monday or Friday, if the weekend immediately preceding or following the holiday parenting time is spent with the same parent, there is no need for that parent to return the children that evening and then pick them up the next morning.  For a holiday falling on a Friday, parenting time commences Friday morning and continues to Sunday evening; or for a holiday falling on a Monday, parenting time commences Friday evening and continues to Monday evening.

b.      Mother’s Day and Father’s Day and the parent’s birthdays only when they fall on a Saturday, Sunday, vacation from school or holiday, are to be spent with the appropriate parent.  These are as agreed or 10:00 a.m. to 7:00 p.m.

c.      Hours for parents who cannot agree are as follows: Martin Luther King Jr. Day (9:00 a.m. to 7:00 p.m.); Spring Break (6:00 p.m. on the day school is out to 7:00 p.m. the day before school recommences); Memorial Day and Labor Day (6:00 p.m. Friday to 6:00 p.m. Monday); July 4th (9:00 a.m. to 9:00 a.m. the next day); Thanksgiving (6:00 p.m. Wednesday to 6:00 p.m. Sunday); Winter Break (first half commences at 6:00 p.m. the last day of school before Winter Break begins, until December 25th at 1:00 p.m.; second half commences at 1:00 p.m. December 25th until 6:00 p.m. the day before school recommences); and the child’s birthday (4:00 p.m. to 8:00 p.m.).

d.      48-hour notice should be given by the parent with whom the holiday is being spent for any arrangements for out-of-town travel on the holidays or of a change in pick-up/return times.

e.      Concerning the children’s birthdays, in the event of conflict, birthday parenting time shall prevail over holiday parenting time.  Brothers and sisters attend the birthday event.

6.         Summer: Four (4) weeks, in increments not to exceed two (2) weeks, with not less than sixty (60) days advance notice given by the non-residential parent.  The “summer” is defined as the day after the children are out of school and continues until seven (7) days before school begins.  The residential parent likewise shall give the non-residential parent not less than sixty (60) days advance notice of the residential parent’s out-of-town vacation and shall not be required to make up alternate weekends missed by the non-residential parent so long as there are no more than two.  The non-residential parent’s choice of vacation will prevail over the residential parent’s choice of vacation so long as the above notice requirements are met.

A general itinerary of the vacation shall be provided for the other parent, including dates, locations, addresses and telephone numbers.  Holiday and birthday celebrations with either parent shall not be missed, requiring scheduling of the vacation around these events or that the missed occasion be made up.

7.         Telephone Access:

a.      Generally, children should not be discouraged from calling either parent if they wish, at reasonable times, so long as there is no cost to the other parent.

b.      In addition, the non-possessory parent shall be entitled to telephone communication with the children not less than three (3) times per week for not less than 15 minutes per call.

c.      The possessory parent shall not interfere with, monitor or stop such telephone communication.

8.         Transportation: The parties shall divide the transportation equally.  The parent who is exercising parenting time shall pick up the children.  Unless otherwise ordered by the court or agreed by the parents, drop off/pick up shall be at the parents’ respective homes.

9.         Moving: A parent who is moving shall immediately notify the other parent except in those circumstances wherein notice is not required by R.C. 3109.051(G), and provide the other parent with the moving date, new residence address and telephone number, and such other pertinent information necessary to effectuate a smooth move for the children.  The parents shall attempt, in good faith, to renegotiate an appropriate and beneficial new parenting time schedule.

10.      Waiting: Neither parent shall be more than 30-minutes late picking up the children.  If the non-residential parent has not arrived to pick up the children within the 30-minute period, parenting time is forfeited and shall not be made up, unless there is an agreement or cooperation of the other parent except in cases of emergency or unavoidable problems.

11.      Cancellation: If possible, the non-residential parent shall give 24-hour notice to cancel.  The time canceled by the non-resident parent is forfeited.

12.      Illness: Ordinarily, a minor illness is something that both parents should be capable of dealing with and minor illness is not an excuse for a non-residential parent being denied parenting time.  If there should be a major illness, the parenting time ordinarily should be made up as soon as reasonably possible in a way that does not deprive the children and the non-residential parent of the appropriate time with each other.

The parents should promptly inform each other with respect to any illness or accident of any of the children, and in the event that such illness or accident is likely to cause that child to be confined to bed or home (whether of the mother or father) for more than 24-hours, such other parent should be entitled to visit the child at reasonable times and for reasonable periods.

13.      Make-up Parenting Time: Any make-up parenting time required by this schedule shall occur the first weekend of the other parent’s immediately following the missed parenting time and shall continue during the other parent’s weekends until made up in full, including partial weekends.

14.      Current Address and Telephone Number: Except as provided in the court order, parents shall keep each other informed of their current address and telephone number at all times.

 

Emergency Contact:

 

Both parents shall at all times, regardless of whether the children are with them, provide the other parent with a telephone number for contact in the event of an emergency.

15.      Car Seat: For any and all children required by law to ride in a car seat, the parents shall utilize same.

16.      Clothing: The parents shall cooperate in the exchange of the children’s clothing prior to and following parenting time.

 

 

FOR PARENTS TRAVELING OVER 90 MILES ONE WAY

 

1.         Pre-School Age: Unless otherwise agreed, pre-school age children shall follow the same schedule as school age children in the school district where they live, whether or not a school age child resides in the family.  Frequent contact with both parents is recommended for very young children.

2.         Winter Break: Winter Break will be divided in half and alternated annually, by half, between the parents.  It shall commence at 6:00 p.m. the last day of school before Winter Break begins until 6:00 p.m. the day before school recommences.

3.         Spring Break: The non-residential parent shall be entitled to the entire school vacation (6:00 p.m. on the day school is out to 7:00 p.m. the day before school recommences) in odd-numbered years.

4.         Summer: Each parent shall be entitled to one half of the school summer vacation.  Summer school necessary for a child 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 home of the non-residential parent, and in the odd-numbered years, the second half.

b.      A general itinerary should be provided either parent if more than two (2) days will be spent away from either home when the children are in that parent’s care.

Each parent may arrange an uninterrupted vacation of not more than two (2) weeks with the children.  If this includes a trip away from home a general itinerary of the vacation shall be provided for the other parent, including dates, locations, addresses and telephone numbers.

5.         Additional Parenting Time:

a.      Weekend: A once-a-month, weekend visit to the non-residential parent’s home shall be permitted if the child’s traveling time does not exceed THREE AND ON-HALF HOURS, one way.  The residential parent must be notified at least one week in advance.  THE NON-RESIDENTIAL PARENT SHALL PROVIDE ALL TRANSPORTATION FOR WEEKEND PARENTING TIME.

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

c.      The non-residential parent shall notify the residential parent at least two (2) days in advance of any time the non-residential parent will be in the area and wants parenting time.  Absent extraordinary circumstances, this parenting time shall occur.

d.      The residential parent shall notify the non-residential parent at least two (2) days in advance when the residential parent and children will be in the area of the non-residential parent and parenting time must be allowed.

6.         Telephone Access:

a.      Generally, children should not be discouraged from calling either parent if they wish, at reasonable times, so long as there is no cost to the other parent.

b.      In addition, the non-possessory parent shall be entitled to telephone communication with the children not less than three (3) times per week for not less than 15 minutes per call.

c.      Possessory parent shall not interfere with, monitor, or stop telephone communication.

7.         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 cases, may be a basis for deviation from the child support schedule.  Parties shall also decide and provide in the plan where the children shall be picked up and dropped off.

8.         Moving: A parent who is moving shall immediately notify the other parent, except in those circumstances where notice is not required by R.C. 3109.015(G), and provide the other parent with the moving date, new residence address and telephone number, and such other pertinent information necessary to effectuate a smooth move for the children.  The parents shall attempt, in good faith, to renegotiate an appropriate and beneficial new parenting time schedule.

9.         Current Address and Telephone Number: Except as provided in the Court Order, parents shall keep each other informed of their current address and telephone number at all times.

 

Emergency Contact:

 

Both parents shall at all times, regardless of whether the children are with them, provide the other parent with a telephone number for contact in the event of an emergency.

10.      Car Seat: For any and all children required by law to ride in a car seat, the parents shall utilize same.

11.      Clothing: The parents shall cooperate in the exchange of the children’s clothing prior to and following parenting time.

 

 

(Adopted April 15, 1992)

(Revised December 31, 2008)

(Revised August 23, 2011)