info on visitation guidelines in ......

[sherrie ohio]

Does anyone have any info on athens county standered visitation guidelines.My husband and i have returned to the state,he has a daughter here with and ex- girlfriend.He wants to increase his visitations with her.We have looked on the web and called the court house ,we didnt find anything on the web and the court house sent us all differnt ways that didnt pan out.Eny info you can give us,we'd be grateful.

[Forthelittleones]

Is there a law library at the county court house?

Is your case in Juvenile court or in Domestic Relations?

[longship]

Hi,

I got this off the Athens county website under the court rules:
http://www.athenscountygovernment.com/cpc/general_info22.html


24.05 GUIDELINES FOR ALLOCATION OF PARENTAL RIGHTS AND RESPONSIBILITIES

(A) The residential parent shall take the necessary action with school authorities of the schools in which the child or children are enrolled to:
1. List the parent who is not a residential parent as a parent of the child.
2. Insure that the parent who is not a residential parent receives copies of any notices regarding the child.

(B) The residential parent shall promptly transmit to the parent who is not a residential parent any information received concerning parent-teacher meetings, school club meetings, school programs, athletic schedules and any other school activities in which the child may be engaged or interested.

(C) The residential parent shall promptly, after receiving the same, furnish to the parent who is not a residential parent a photocopy of the child's grades or reports, or copies of any report concerning the child's status or progress.

(D) The residential parent shall, when possible, arrange appointments for parent-teacher conferences at a time when the parent who is not a residential parent can be present. Whenever possible, such conferences shall be attended by both parents.

(E) The residential parent shall promptly inform the parent who is not a residential parent of any illness of the child which requires medical attention. Elective surgery shall only be performed after consultation with the parent who is not a residential parent. Emergency surgery necessary for the preservation of life or to prevent further serious injury or condition shall be performed without consultation, provided, however, if time permits, the parent who is not a residential parent shall be consulted, and in any event, the parent who is not a residential parent shall be informed as soon as possible.

(F) The residential parent shall encourage frequent communication between the child and the parent who is not a residential parent. The residential parent shall not do anything to impede or restrict communication by phone or mail between the child and the parent who is not a residential parent whether initiated by the child or the parent who is not a residential parent. The mail between the child and parent shall be strictly confidential between them and such mail shall not be opened or read by the other parent. This rule applies equally to the parent who is not a residential parent when the child is on an extended visitation/parenting time with the parent who is not a residential parent.

(G) Both parents shall refrain from criticizing the other parent in the presence of the children.

(H) Neither of the parents shall attempt to modify the religious practice of the child without first having consulted each other.

24.06 VISITATION/PARENTING TIME GUIDELINES

(A) Every decree involving children shall be accompanied by a specific visitation/parenting time schedule. The following is a standard schedule that shall control unless otherwise specified in the journal entry:

1. Alternate weekends from 6:30 p.m. Friday until 6:30 p.m. Sunday. (The beginning and ending times may be varied to accommodate the parents' work schedules.)

2. Mother's Day and Father's Day shall be spent with the appropriate parent. Should this provision require the child to be with the residential parent during the other parent's visitation/parenting time, the parent who is not a residential parent shall return the child by 9:00 a.m. on Mother's Day or Father's Day. Should the reverse occur, the parent who is not a residential parent shall receive the child at 9:00 a.m. on that day and return the child at 6:00 p.m.

3. Alternate holidays as follows:
a) in even-numbered years, the residential parent shall have the child:

(1) President's Day, Friday night to Monday night.
(2) Spring Vacation, 6:30 p.m. on the day school ends to 6:30 p.m. the Sunday prior to school reconvening.
(3) Memorial Day, Friday night to Monday night.
(4) Labor Day, Friday night to Monday night.
(5) Christmas, Christmas Eve and Christmas Day.
b) in even-numbered years, the parent who is not a residential parent shall have the child:

(1) Easter, Thursday night to Sunday night.
(2) Fourth of July, night before to morning after except when the 4th falls on Friday, Saturday, Sunday or Monday - then visitation/parenting time shall continue the night before and continue to end of weekend or end of holiday, whichever is later.
(3) Thanksgiving Day, Wednesday night to Sunday night.
(4) Christmas Vacation and New Years Day, December 26th at 9:00 a.m. until the night of the end of the New Years Holiday.

c) In odd-numbered years the schedule stated in 3 a) and 3 b) shall be reversed between the parents.
d) Other days of special meaning, such as religious holidays or Martin Luther King Day should be decided by the parties together, written down, and alternated.

e) Unless otherwise indicated in an entry or these rules, holiday visitation/parenting time shall begin and end at the same times as weekend visitation/parenting time. Holiday visitations/parenting times have precedence over the regular visitation/parenting time schedule, but shall not otherwise modify it.

4. The parent who is not a residential parent shall have extended summer visitation/parenting time up to four (4) weeks duration. These extended times supercede the alternating weekend visitations/parenting times, i.e. a nonresidential parent may not begin an extended time on a Monday following an alternating weekend, or end an extended time on a Friday before an alternating weekend, as a means of lengthening the extended visitation/parenting time. Alternating weekends shall begin again two weeks after the end of the extended visitation/parenting time.
The parent who is not a residential parent shall attempt to coincide his or her vacation time with summer visitation/parenting time. The parent who is not a residential parent shall notify the residential parent no later than May 15th each year of the weeks summer visitation/parenting time will be exercised. Summer school necessary for the child to pass into the next grade must be attended.

5. The child's birthday shall be celebrated in the residential parent's home, unless it falls on a visitation/parenting time day. The parent who is not a residential parent may celebrate the birthday at another time if desired.

6. For parents residing in different locations that make the above schedule impractical, visitation/parenting time shall be, at a minimum, as follows:

a) Christmas vacation (including Christmas Day) in alternate years;

b) Spring vacation every year;

c) up to six (6) weeks summer visitation/parenting time every year;

7. Visitation/parenting time may occur at such other times and places as the parties may agree.

(B) Both parents shall be diligent in having the children ready and available at the appointed times. The child and/or residential parent have no duty to await the nonresidential parent for more than thirty (30) minutes. A parent who is late, unless he or she suffers an unavoidable vehicle breakdown or delay enroute and promptly notifies the residential parent of the delay, shall forfeit visitation/parenting time for that time period.

(C) The parent who is not a residential parent should give twenty-four (24) hour notice to cancel visitation/parenting time. If a child is ill, the residential parent should also give twenty-four (24) hours notice if possible.

(D) The residential parent shall send with the child sufficient clothing and other wear appropriate to the season to last the visitation/parenting time period.

(E) Visitation/parenting time does not include leaving the child with a non-family member while the nonresidential parent pursues his or her own pleasures or activities.

[sherrie ohio]

Thanks alot for the info.We had been on that web page before but some how missed it.This will give us something to go by.My husband has been wanting to go back and get a shedule set by the court,but wanted to have some idea what he could ask for with out sounding overly demanding.He has moved to Ohio to be closer and more involved with their daughter,and its not working out very well without a new shedule by the court.Thanks again!!

[sherrie ohio]

Wonder if these guidelines are  just for couples who were married or are they the same in all case'es?My husband was never married to the childs mother.We didnt see anything stateing they would be differant.Thanks again.

[longship]

It shouldn't be any different since they weren't married.  He's still the father.  

That stuff I posted was in the rules of the court...it's buried way down in it.

Hope everything goes well for you and your DH.  That stuff in the order is the minimal that you should get and maybe get more if you ask for it.

[sherrie ohio]

What he'd like to have visitation wise would be.....Everyweekend-after school on friday- to 4:00 p.m. on sunday.Holidays-memorial+labor day weekends the same.Every other year Thanksgiveing Day.Years that arent his ,6:00p.m. friday to 6:00p.m. sunday for thanksgiveing break. Christmas break(two week period)one week of that.With visitation on Christmas day of 3:00p.m. to the following morning at 9:00a.m.Fathers day weekend 6:00p.m.friday to 4:00p.m. sunday.If her birthday falls on a weekend he gets her,during the week she does.If not on his weekend,be allowed to call her on her birthday.Also if we ever have the money to go on vacaition for a week she be allowed to go.What do you all think?

[longship]

I can tell you now, they won't let him have her EVERY weekend.  It will be every other weekend.  

They will give every other holiday unless your DH and the BM come to an alternate agreement on their own.  I can't remember what your county was for Christmas.  Some counties do half and half and others do every other year for the entire break.  

How old is she?  If she's out of toddler age, she she will be allowed to spend extended time with her dad during the summer.  If I remember right, your county has very liberal time in the summer...4 or 6 weeks, right?  You can do whatever you want...even travel...with her during your time.  

Make sure in your custody agreement, you have provision for telephone visitation.  It wasn't in my DH's at first and his EX said that since it wasn't in the custody agreement that he was allowed to call, that she didn't have to let him talk to his boys.  Also get in there that you guys are allowed to send letters, email and packages to your SD and that they be given to her without censorship and that they be given to her immediately (or within 24 hours or something like that).

[sherrie ohio]

What parts of the current relationship with BM that arent working are we get their daughter about every weekend untill she gets pissed off about something.And the hoiday sticking pionts are thanksgiveing,christmas.And she doesnt want him to have info on anything to do with school grades ect.And we can prove she's (daughter) been here alot on the weekends because she'll get of the scool bus here,most the time.We are in the same school district and only live a 15 min. trip away from BM home.

[longship]

regarding the school, you don't have to go through the BM.  Go directly through the school.  Email the teachers and principal and do it often.  Provide them with several self addressed stamped envelopes to send you report cards and interim reports and other information.  It's the law that they have to provide the father with the information.  There's a letter on this site you can send if they are reluctant to give you the information.

As for the every weekend part...you can try the route that this is the way it's been done for this time period (show a trend), but I doubt the court will put in writing that you get every weekend, because both parents have a right to have non-school time with the child.   What will probably happen is that it will be ordered every other weekend and if BM doesn't want to have the child on her weekend, you can take her.  You should also get right of first refusal put in your court order so that she can't put your SD in daycare or with a baby sitter without offering the time to you first.  

I know that's not what you want to hear, but I'm just giving you a realistic view on it.  You may get lucky and get every weekend, but the chances are not in your favor on that one.  

Good Luck,
Tobie