RULE 17.0

STANDARD PARENTING TIME ORDER

(Effective for cases decided on or after March 1, 2023)

PREAMBLE AND CONSIDERATIONS
FOR DEVELOPING PARENTING TIME SCHEDULES

This court recognizes and appreciates the importance of preserving a healthy and ongoing relationship between children and parents. The best parenting plans are ones which are created by agreement and are tailored with a family's specific needs in mind. Parents are encouraged to thoughtfully research parenting plan options to make the best decision for their family with consideration of the following:

  1. The developmental needs and age of each child;
  2. The psychological attachments of each child;
  3. Any special needs of the child;
  4. The distance between the homes of the parents;
  5. The ability of the parents to cooperate and communicate;
  6. The preservation or development of a close relationship with each parent;
  7. The importance of a consistent and predictable schedule for the child;
  8. Each child's temperament and ability to handle change;
  9. Parents' career demands and work schedules;
  10. The ability to review and adapt the terms of the plan to meet the changing needs of the children;
  11. And any special circumstances of the family including, but not limited to physical health, psychological health, substance abuse or violence which would jeopardize the physical or emotional wellbeing of a child.

For information regarding age appropriate parenting schedules, additional considerations for parenting time, proposed schedules and blank schedules to complete if needed, parents are encouraged to reference Planning for Parenting Time: Ohio's Guide for Parents Living Apart at the following website: https://www.supremecourt.ohio.gov/Publications/JCS/parentingGuide.pdf

The Court recognizes that children have individual needs and that no one schedule will be a perfect fit for every family. However, if the parents are not able to reach an agreement without court intervention, the Court will make a determination of parenting issues and time schedules which address the best interests of the children in the case.

The schedule set forth below is a Standard Parenting Time Order as required by Ohio Revised Code Section 3109.051(F)(2).

17.1 LOCAL PARENTING TIME

The following schedule is applicable to those situations where the parties live within 150 miles of each other. The primary goal of any parenting time schedule is to maintain contact between the parents and the children. The optimum parenting time schedule is where the parents agree to be as flexible as possible. For purposes of this schedule,   shall be designated as Parent 1;   shall be designated as Parent 2.

17.11 Regular Parenting Time.

Parenting time between the children and the parents shall take place at such times and places as the parties may agree, but in the absence of agreement shall be as set forth below:

CHOOSE ONE OPTION. A, B, or C BELOW MUST BE SELECTED

  OPTION A:

  1. The children shall reside equally with both parents on an alternating weekly basis. The children shall transition from one parent's residence to the other every Friday at 6:00 p.m. unless the parties agree upon a different day and time.
  2. The parent who is not exercising weekly parenting time shall be entitled to spend one weekday evening with the children from 5:00 p.m. until 8:00 p.m., which shall be Wednesday unless otherwise agreed. The parent exercising weekday evening parenting time shall be responsible for picking up and returning the children for this parenting time.

  OPTION B:

  1. Weekends: Alternate weekends from Friday at 6:00 p.m. until Monday at 6:00 p.m. This alternating weekend schedule shall not change, even when interrupted by holiday and birthday, summer and/or vacation parenting time.
  2. Weekdays: Parent 1/Parent 2 (circle one) shall have parenting time with the children each Monday beginning at 6:00 p.m. until Wednesday at 6:00 p.m. Parent 1/Parent 2 (circle the other parent) shall have parenting time with the children from Wednesday at 6:00 p.m. until Friday 6:00 p.m.

  OPTION C:

  1. Weekends: Parent 1 shall have parenting time on alternate weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m.; however, if the preceding Friday or the following Monday of that weekend is a holiday during which Parent 1 is scheduled to have parenting time, then parenting time shall be expanded to include the holiday by beginning Thursday evening at 6:00 p.m. (if Friday is the holiday) or shall extend through Monday to 6:00 p.m. (if Monday is the holiday).
  2. Weekdays: Parent 1 shall have mid-week parenting time of 5:00 p.m. to 8:00 p.m. on Wednesday evening every week. At the discretion of Parent 1, if Parent 1 has the facilities and is able to take the child to school on Thursday morning, this parenting time period may extend overnight Wednesday, and Parent 1 must provide transportation and deliver the child to school on Thursday morning, or to the residence of Parent 2, or to daycare by 9:00 a.m. Thursday morning.

17.12 Holidays and Days 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 parenting time schedule. If the parties cannot agree, the times shall be 9:30 a.m. to 6:00 p.m.

  1. Children's Birthdays: The children's birthdays shall always be with Parent 1 in years ending with even numbers and always with Parent 2 in years ending with odd numbers. The parent exercising birthday parenting time must provide one week's notice of the intent to have parenting time for the birthday. If the parties cannot agree, the parenting time shall be from 10:00 a.m. to 7:00 p.m. if the birthday falls on a non-school day for the child and a non-working day for the designated parent. If it is the child's school day or the designated parent's workday, the parenting time shall be 5:00 p.m. to 8:00 p.m. The children's birthday parenting time schedules take precedent over all other designated parenting times. Brothers and sisters shall be permitted to attend the birthday event.
  2. Parent Birthdays: The parent exercising their birthday shall receive parenting time from 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 the same birthdate, they are to alternate with Parent 1 receiving the common birthday in years ending in an odd number and Parent 2 receiving the common birthday in years ending in an even number.
  3. Trick-or-Treat: If trick-or-treat is on the same night in both parents' neighborhoods, Parent 1 shall have trick-or-treat in years ending with an even number and Parent 2 shall have trick-or-treat in years ending with an odd number. Parenting time shall be 5:00 p.m. to 9:00 p.m., or one hour before trick-or-treat commences to one hour after trick-or-treat ends, whichever is longer. However, if the parents' neighborhoods have trick-or-treat on different nights, then both parents shall have the children from 5:00 p.m. to 9:00 p.m., or one hour before trick-or-treat commences to one hour after trick-or-treat ends, whichever is longer, on that parent's respective night.
  4. July 4th: Parent 1 shall have the July 4th holiday in years ending with an odd number and Parent 2 shall have the July 4th holiday in years ending with an even number. Parenting time shall be from 6:00 p.m. on July 3rd to 9:00 a.m. July 5th.

Holidays shall take precedence over regular weekend parenting time. Other days of special meaning, such as religious holidays and other school days off, shall be shared by the agreement of the parents. If the parents cannot agree, the regular parenting time schedule shall apply.

In the event of a conflict between regular parenting time and the parenting time set forth in paragraphs 17.12, 17.13, and 17.14, the parenting time set forth in those enumerated paragraphs interrupts regular and summer parenting time. The alternating weekend schedule continues throughout the year even if interrupted by the holiday. This means that one parent may have three weekends in a row because of holiday parenting time. Over the course of time, this process equalizes parenting time for each parent.

17.13 Extended Holiday Periods.

There are certain holiday periods where school age children receive additional time off from school during spring breaks, Thanksgiving and Winter Break.

For the years ending in even numbers, Parent 1 shall have, and for the years ending in odd numbers, Parent 2 shall have parenting time as follows:

  1. Thanksgiving Break: Wednesday before Thanksgiving from 6:00 p.m. to Friday after Thanksgiving at 6:00 p.m.
  2. Spring Break: 6:00 p.m. the last day of school before break begins through 6:00 p.m. of the last day before school resumes. If the child is not of school age, the school schedule for the school district in which the school placement parent resides shall determine the spring break dates.

17.14 Winter Break Parenting Time.

For the years ending in even numbers, Parent 1 shall have, and for the years ending in odd numbers, Parent 2 shall have Winter break parenting time from 6:00 p.m. on the last day of school before Winter break until 2:00 p.m. on December 25.

For the years ending in odd numbers, Parent 1 shall have, and for years ending in even numbers, Parent 2 shall have Winter Break parenting time from 2:00 p.m. on December 25 until 6:00 p.m. on January 1.

If the child is not of school age, the school schedule for the school district in which the school placement parent resides shall determine the Winter Break dates.

17.15 Summer Parenting Time.

Commencing Friday at 6:00 p.m. following the close of school for the summer, each parent shall exercise parenting time with the children in one week blocks of time to commence on the Friday of each parent's normal alternating weekend and continuing until the following Friday at 6:00 p.m. A parent may exercise vacations with the minor children during his or her regularly scheduled summer parenting time. The vacationing parent shall notify the other parent and provide a general itinerary of the vacation to the other parent, including dates, locations, addresses, and telephone numbers, no later than thirty (30) days prior to the scheduled vacation. Holiday and birthday celebrations with either parent shall not be missed requiring the scheduling of the vacation around these events. The summer parenting time schedule shall conclude Friday at 6:00 p.m. on the last Friday prior to the start of school, at which time, the parents would return to the regular parenting time schedule.

17.16 Transportation.

Parent 1 is responsible for all transportation associated with mid-week parenting time. The transportation associated with all other parenting times shall be equally divided between the parties as follows: The children shall be picked up at the home of Parent 2 by Parent 1, or a designated driver, at the beginning of Parent 1's parenting time. Parent 2, or a designated driver, shall pick up the children from Parent 1's home at the beginning of Parent 2's parenting time.

17.2 LONG DISTANCE PARENTING TIME

(For Parties Residing Over 150 Miles Apart)

The intent of long-distance parenting time (over 150 miles) is the same as when the parents are located reasonably close to one another and that is to maintain contact between the children and the parents. Both parents are encouraged to be as flexible as possible concerning parenting time.

17.21 Extended Holiday Periods.

Parent 1 shall have parenting time:

  1. Thanksgiving: From 6:00 p.m. Wednesday (before Thanksgiving Day) to Sunday at 6:00 p.m.
  2. Spring Break: From 6:00 p.m. the last day of school before break begins to 6:00 p.m. of the day before school starts.
  3. Winter Break: From 3:00 p.m. December 25 to 6:00 p.m. on the last day before school resumes after New Year's Day.

If the child is not of school age, the school schedule for the school district in which the school placement parent resides shall determine the Spring Break and Winter Break dates.

17.22 Summer Parenting Time.

Parent 1 shall have seven (7) weeks of summer parenting time with the children which shall be exercised at the discretion of Parent 1 in two blocks of no more than four weeks separated by at least two weeks. During summer vacation, there will be reciprocal weekends for Parent 2 if travel time is less than six hours (round trip). In any event, with school age children, the child shall be returned to Parent 2 at least one week prior to the start of school. The only exception would be if the Parent 2's vacation is controlled by a mandatory shut-down of the employer's operations. Parent 1 shall provide Parent 2 with notice of the weeks during which she or he intends to exercise summer vacation with the minor children on or before April 15 of that year.

17.23 Additional Vacation Times.

Parent 1 may exercise additional parenting time with the children as follows:

  1. Where the travel time does not involve more than six hours (round trip), Parent 1 may exercise each year one period of parenting time for a three day weekend during a holiday otherwise designated for Parent 1 under Rule 17.12 beginning at 4:30 p.m. the day before the first day of the three day weekend to 8:30 p.m. of the last day of the three day weekend. Parent 1 must provide a thirty-day notice of intent to exercise this parenting time.
  2. If Parent 1 elects to travel to the area where the children normally reside, Parent 1 may exercise parenting time 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. Parent 1's Birthday: 1:00 p.m. to 5:00 p.m. (non-school days); (if both parents have the same birth date, 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).
    4. If Parent 1 intends to exercise this additional parenting time, fourteen (14) days' notice must be given to Parent 2. Unless the order or decree specifies otherwise, Parent 1 shall be responsible for the costs of transportation for any parenting time exercised under this Section 17.23.

17.24 Transportation.

Where the parents reside more than 150 miles apart, the parents shall divide the hours of transportation and the expense as evenly as possible.

17.3 PARENTING TIME WITH INFANTS (Age birth to 18 months)

The court recognizes that parenting time with infants raises special concerns for the parents because of the care, skill and needs of the baby or infant. During this most formative of times, it is important that both parents are able to observe, share and participate in activities with the infant. The court encourages parenting time with frequent short periods of parenting time with the infant at the beginning, and with more frequent and longer periods of parenting time as the infant grows and the comfort level for the infant and parent increases.

17.31 Birth to twelve months.

Parent 1 shall have parenting time from 2:00 p.m. until 6:00 p.m. on Sundays and 6:00 p.m. to 8:00 p.m. on Wednesdays every week.

17.32 Twelve months to 18 months.

Parent 1 shall have parenting time from 6:00 p.m. on Saturdays to 6:00 p.m. on Sundays, and from 5:00 p.m. to 8:00 p.m. on Wednesday, every week.

17.33 After 18 months.

Regular parenting time schedule applies.

17.34 Special Situations.

If the parents have 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 parenting time schedule. Said hearing shall be scheduled for 30 minutes, allowing each parent 15 minutes to present their case.

17.4 GENERAL RULES (APPLICABLE TO ALL PARENTING TIME ORDERS)

  1. Notice. Parents have a right to parent their children and the children have the right to prepare for and expect contact with each parent. Notice of intent not to exercise parenting time shall be given 24 hours in advance, absent an emergency. The children must only be available for 30 minutes past the scheduled pick-up time unless prior arrangements have been made by the agreement of the parents.
  2. Special Situations. When either parent will be gone overnight during his or her parenting time, the other parent shall be afforded the opportunity to exercise overnight parenting time.
  3. Telephone or Video Parenting Time. Each parent shall have telephone, facetime or other video contact of reasonable frequency and duration with the children while in the physical care of the other parent. Each parent shall provide the other with appropriate telephone numbers and contact information to facilitate the virtual parenting time.
  4. Address. Each parent shall provide the other parent and the Court with any change in residential address promptly and in accordance with the Notice of Relocation required by the Ohio Revised Code.