How to Schedule Parental Visitation Rights in Ohio
When a parent receives primary (or residential) custody of a child the nonresidential parent typically receives visitation rights. Visitation, commonly called in Ohio "parenting time," consists of a child spending a specific percentage of time with the nonresidential parent. Ohio doesn’t provide set guidelines for parents regarding how to schedule parental visitation. Instead, the state leaves visitation and custody issues up to individual counties. Ohio parents have two options when scheduling visitation. Before establishing a parental visitation schedule, check out the laws in the county where you reside.
Other People Are Reading
Instructions
-
Scheduling
-
1
Create a schedule conducive to spending time with the child. You may need to iron out a work schedule which better accommodates visitation opportunities. Also, establish proper living arrangements, such as renting a two-bedroom apartment, if you plan to have your child more than one day a week.
-
2
Negotiate with the other parent. Spend time working out a schedule. For example, the other parent may agree to you taking the child every other weekend and twice during the week.
-
-
3
Write the schedule out. You may have to submit it to the court if you have an ongoing custody case in the state. Ohio considers any mediation report (or schedule) created outside of court or a divorce decree under the guidelines of Revised Code section 3109.052.
-
4
Follow the visitation schedule. Pick up your child when scheduled.
Schedule Created in Family Court
-
5
Understand what an Ohio judge takes into consideration when determining visitation. A judge works under the purview of Ohio Revised Code sections 310.11 or 3100.12. The factors outlined in the code include prior interaction with the child, the age of the child and the parent's available time. The judge considers those factors when determining what type of visitation schedule is in the child's best interest.
-
6
Petition the court to schedule visitation. File a petition with your local Ohio county court when you and the other parent can’t agree on a schedule or when the other parent is not following the negotiated schedule. You can also file for visitation at the same time you file for divorce or separation.
-
7
Try to negotiate with the parent. The court may order you to try to mediate an agreement between the two of you.
-
8
Attend a hearing. You may have to testify in court before a judge regarding why he should provide a visitation schedule.
-
1
Tips & Warnings
A judge awards a parental visitation based on what’s in the best interest of the child. Thus, if a judge rules that visitation isn’t in the best interest, you may not receive a schedule you want.
When the judge factors in a parent’s available schedule he doesn’t include the parent’s employment, holiday or vacation schedules. The judge also doesn’t consider the child’s school, extracurricular or vacation schedules. Thus, your visitation may be scheduled on a day when your child has baseball practice. If your child lives in a different Ohio county than you, check out that county's visitation laws.
References
- Photo Credit BananaStock/BananaStock/Getty Images
