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Author Topic: fathers rights part 2  (Read 1232 times)

sherrie ohio

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fathers rights part 2
« on: Jun 30, 2005, 09:01:39 AM »
Is there enyone that knows the visitation laws of ohio.My husband has a daughter with an ex-girlfriend.We need to know if it's possible to go back into court and expand his visitation schedule and the right to have more info of whats going on in his daughters life,like with school etc.They were never married or even lived together,and didnt know the child was his till she was about 1 or older.When we lived out of state our time with her was very limeted because of the miles.But we live in the same state now and wish to have a more stable visitation schedule and more info in whats going on with their daughter.The mother was given legal and physical custody and my husband got one weekend a month,small amounts of time during holidays,along with one week in the summer.Which we returned to their state for all.Can he get every weekend(sat-sunday)more time during holidays and info about their daughter??She sent her to stay with us during the school year through the week and her weekends,we are back to weekends now school over.ALL info with the school while she was here was still past on to the mother.And the mother alot of the times wont tell my husband whats going on.Can enyone offer legal advice or their opinions our way? help!


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RE: fathers rights part 2
« Reply #1 on: Jun 30, 2005, 09:09:57 AM »
I found this on an attorneys web site from Ohio

1. Weekends.

Beginning on _________________________, weekend visitation shall be in accordance with the following four (4) week cycle:

The first and third weekends from Friday night at 7:00 p.m. until Sunday night at 7:00 p.m.
The second weekend on Friday from 5:00 p.m. to 9:00 p.m.
There shall be no visitation on the fourth weekend.
This four-week cycle shall continue to repeat itself until further order of the Court.

2. Midweek.

In addition to weekend visitation, the child(ren) shall spend a minimum of one day visitation as follows:

For a child not yet in mandatory education, 5:00 p.m. to 7:30 p.m.
For a child in grades kindergarten-8th grade, 5:00 p.m. to 8:00 p.m.
For a high school student, 5:00 p.m. to 9:00 p.m.
If there is more than one (1) child, the hour of return shall be the hour for the youngest child.  If the parents cannot agree on a day, the day of the midweek visit is Wednesday.  If a child is in a child care arrangement, the non-residential parent may not pick up the child from the caretaker without the prior permission of the residential parent, preferably in writing.

3. Days of Special Meaning.

Mother’s Day and the mother’s birthday shall always be spent with the mother; Father’s Day and the father’s birthday shall always be spent with the father, regardless of which parent is entitled to the weekend.  If the parties cannot agree on times, the time is 10:00 a.m. to 7:00 p.m.  Then the child(ren) shall spend the rest of the weekend with the parent who normally has that weekend.
The child’s birthday shall always be spent with the mother in the even- numbered years, and shall always be spent with the father in the odd-numbered years.  The non-residential parent must provide one week’s notice of his/her intent to have visitation for a birthday.  If the parties cannot agree, the time is 10:00 a.m. to 8:00 p.m. for a child not in school on the birthday, and 5:00 p.m. to 8:00 p.m. for a child in school on the birthday.  The child’s birthday is to be spent with the designated parent, even if the other parent is entitled to weekend, midweek, holiday or vacation with the child.  Brothers and sisters shall attend the birthday event.
4. Holidays.

Parents may wish to change by agreement a holiday at least one (1) week in advance in order to observe family or religious traditions.  If not changed by agreement, holiday times are as follows:

 Even-Numbered Years
 Odd-Numbered Years
 As agreed or
 Sun, 10am to 7pm

Should the school age child(ren)’s spring vacation occur in the week after Easter, the Easter visitation shall extend to Wednesday 7:00 p.m.  If spring vacation occurs during another time, the parent having Easter shall have the first three weekdays of the spring vacation.

 Even-Numbered Years
 Odd-Numbered Years
 As agreed or
Memorial Day
 Sun 7pm to Mon 8 pm
July 4
 7/4 9am to 7/5 9am
Labor Day
 Sun 7pm to Mon 8pm
 5pm to 8pm
 Thur 9am to Fri 9am
Christmas Eve
 12/23 9pm to 12/25 10am
Christmas Day
 12/25 10am to 12/31 5pm
New Years Eve/Day
 12/31 5pm to 1/1 9pm

A holiday that falls on a weekend shall be spent with the parent who is designated to have the child(ren) for that holiday, and the other parent shall have the child(ren) for the rest of the weekend.  This time does not have to be made up.
5. Vacation.

Six (6) weeks of visitation each year are to be arranged by the non-residential parent with not less than sixty (60) days advance notice.  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 shutdown of the place of employment.
Likewise, the residential parent must give the other parent not less than sixty (60 days advance notice of vacations or special plans for the child(ren) to avoid planning conflicts.   Parents who cannot resolve vacation scheduling conflicts may file a motion in the Court.  The residential parent’s visitation shall not exceed fourteen (14) days without non-residential parent’s visitation.
Summer school necessary for the child to pass to the next grade must be attended.  Extended visitation (vacation) may be scheduled by either parent during a mandatory summer school period, but the child must attend all classes.
Each parent must provide the other parent with destination, times of arrival and departure, and method of travel if the vacation will be outside the parent’s community.
Vacation visitation must be exercised in minimum periods of one (1) week, and the non-residential parent has the right to determine whether to exercise visitation in periods of two (2), three (3), four (4), five (5), or six (6) weeks.
Weekends which normally would be spent with the residential parent, which fall during the non-residential parent’s vacation must be given to the residential parent, or made up at another time.  Weekends which normally would be spent with the non-residential parent and that fall during the residential parent’s vacation must be given to the non-residential parent or made up within ninety (90) days.
6. Visitation Presumptions.

Child’s Response to Visitation.
If a child indicates strong opposition to being with the other parent, it is the responsibility of each parent to appropriately deal with the situation, by calmly talking to the child as to the child’s reasons, and to work with the other parent to do what is in the child’s best interest, and particularly to avoid confrontation or unpleasant scenes.  If the matter is not settled, either parent should seek the immediate assistance of a mental health professional or file a motion.  As uncomfortable as this issues may be for a parent, this issue should not go unresolved.  It is the absolute affirmative duty of the residential parent to make certain that his or her child goes for the visitation period.
Exercise of Visitation.
This schedule presumes that the non-residential parent shall be there promptly for all the visitation times and days for weekends, midweek, days of special meaning, and holidays, and that no advance notice to the residential parent is necessary.  The residential parent shall have the child(ren) ready.
Cancellation of Visitation by Non-Residential Parent.
The non-residential parent must give notice of intent not to have visitation, not less than twenty-four (24) hours in advance, unless a last minute emergency occurs.  A parent who does not exercise visitation forfeits the time.  A parent who continually fails to keep his hor her commitment to visitation may have rights of visitation modified, and may be subject to other legal remedies as well, upon motion by the residential parent.
Keeping the Children Together.
This schedule presumes that if the parents have more than one (1) child, the visitation will be exercised with all children together.
Returning the Child(ren) After Exercising Visitation.
This schedule presumes that the non-residential parent will not return the child(ren) prior to the end of the visitation period stated (not early, not on a different day), unless the parties agree in advance, and that the residential parent or a responsible adult, well-known to the child(ren), will be present when the child(ren) is/are returned.
This schedule presumes that each parent will be prompt for pickup and return of the child(ren), that the residential parent will ready the child(ren) emotionally and physically for the visitation.  The residential parent has no duty to wait for the non-residential parent to pick up the child(ren) longer than thirty (30) minutes, unless the non-residential parent notifies the residential parent that (s)he will be late, and the residential parent agrees to remain available after the thirty (30) minute waiting period.  A parent who is more than thirty (30) minutes late loses the visitation period.  A parent who has a pattern of lateness for pickup and/or return is subject to penalties under the law.
The non-residential parent has responsibility for picking up and returning the child(ren).  The non-residential parent, if unavailable for the pickup or delivery of the child(ren), must use an adult, well-known to the child(ren), for this purpose.  All child restraint laws must be complied with by any person driving the child(ren).  No person transporting the child(ren) may be under the influence of drugs or alcohol.  Only licensed drivers may transport the child(ren).
The residential parent is responsible for providing sufficient appropriate clean clothing for every visitation period, based on the lifestyle of the residential parent and child.  If the planned visitation activities require special or unusual clothing needs, the non-residential parent must notify the residential parent at least two (2) days in advance of the visitation period.  If the child does not have the type of clothing requested, the residential parent is under no obligation to comply with the request.  All clothing sent by the residential parent must be returned immediately after the visitation period.
A parent must provide time for any child to study, complete homework assignments, papers, or other school assigned projects, even if the completion of this work interferes with the parent’s plans with the child(ren).  If schoolwork is assigned by the school prior to the visitation, the residential parent must inform the other parent of the work to be done, and it must be completed during visitation.
Address and Telephone Numbers.
Each parent must, unless the Court orders otherwise, keep the other informed of his or her current address and telephone number, and an alternate telephone number in the event of an emergency.
Illness or Injury of a Child.
If a child becomes ill or injured, warranting the giving of medication or consultation with a doctor or dentist, each parent mut notify the other parent as soon as possible.  If the child becomes ill while with the residential parent prior to a scheduled visitation period, the parent must contact the other parent and discuss the advisability of whether the visitation period should take place with the best interests of the child as the primary consideration.  Parents should consider the nature of the illness (whether it may be contagious, or the child is physically uncomfortable, etc.) The care necessary, the ability to provide the care, exposure of the illness to others, visitation plans, and any other important issue.
If the parents agree that the child should go for the visitation period, then the residential parent must provide written instructions and sufficient medication to last during the visitation period to the other parent.  The non-residential parent must care for the child as directed, notifying the other parent if the child’s conditions worsens, or does not improve as might reasonably be expected.
If the parents cannot agree that the child should go for the visitation period, then the non-residential parent has the right to visit the child for not more than one (1) hour at the time scheduled for the visitation period to begin.  This does not apply if the order of any Court or consent agreement prohibits the non-residential parent from being at the home.  If another child is scheduled to have visitation, then the regular visitation must go on with that child.  If the visitation period is canceled due to the child’s illness or injury, then the time must be made up within sixty (60) days to the non-residential parent at a time of his or her choice.
If the child becomes ill or injured during the visitation period warranting the use of medication or medical or dental consultation, the non-residential parent must secure appropriate emergency treatment.
No schedule can adequately spell out what should be common sense when dealing with an ill or injured child.
The existence of any allergy or chronic condition suffered by a child must be communicated in writing from the residential parent to the non-residential parent, including medication or treatment recommended for the illness or condition.
If a child often misses a visitation period due to illness or injury, then a non-residential parent may require the child to be examined by the child’s usual physician.  The examination shall be at the expense of the non-residential parent.  The examination of the child may be in the presence of the non-residential parent, subject to the discretion of the treating physician.  If the residential parent refuses to schedule a medical appointment as requested, the non-residential parent may file a motion.
Children’s Activities.
Scheduled periods of visitation shall not be delayed or denied because a child has other scheduled activities (with friends, work, lessons, sports, etc.).  It is the responsibility of the parents to discuss activities important to the child in advance, including time, dates, and transportation needs, so that the child is not deprived of activities and maintaining friends.  The parent who has the child during the time of scheduled activities is responsible for transportation, attendance and/or other arrangements.  If the activities are regularly scheduled, they should be agreed upon in advance and written into the judgment entry or decree.  Both parents are encouraged to attend all their child(ren)’s activities.
Telephone calls.
Each parent has the right to talk over the telephone with the child(ren) as often as the parents agree.  If the parents do not agree, then the non-residential parent should not normally have telephone privileges more than twice per week.  In addition, a parent may call a child when on vacation with the other parent as the parties can agree; if no agreement, then the residential parent has telephone privileges twice per week if the vacation period takes place at the other parent’s home.  Telephone calls should be during the normal hours a child is awake and if the child is unavailable for conversation, each parent shall take the responsibility of seeing that the child timely returns the call.
A child is permitted to call a parent.
Employment of Parents.
This schedule presumes that the parents are available for visitation purposes for full weekends and midweek visitation.  If the non-residential parent is regularly employed every weekend or chooses not to exercise visitation on the weekend, the parents should agree to advance about the day and time for visitation.  If the parties cannot agree, either may file a motion.
Non-Compliance With Court Order.
Any of the responsibilities or rights outlined in this schedule may be enforced by the court upon the filing of the appropriate motion by either party.  A parent may not withhold the rights of visitation because the other parent does not obey a court order, for instance, to pay support, or medical bills, etc.  Penalties for wilful denial of visitation include jail sentence and/or change of custody.  A parent may seek enforcement of periodic child or spousal support by calling the Cuyahoga Support Enforcement Agency.
The Court reserves the right to modify the visitation order upon the motion by either party.
7. Notice of Relocation.

Pursuant to the determination made under §O.R.C. 3109.051 (G)(2), the non-residential parent shall be sent a copy of any notice of relocation filed with the Court.

8. Access to Records, Day Care, Student Activities.

Pursuant to O.R.C. §3109.051 (H), (I) and (J), the non-residential parent is entitled to access under the same terms and conditions under which access is provided to the residential parent to any record related to the child(ren), any student activity related to the child(ren), or any day care that is, or in the future may be, attended by the child(ren).


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RE: fathers rights part 2
« Reply #2 on: Jun 30, 2005, 10:04:07 AM »
I think each county has their own local rules. For example, a father I know has a Local Rule 20 that includes not 6 weeks, but 4 for summer vacation.

Check with the courthouse in the county where the kids live.


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