Law Office of Deborah J. Monaco

posted by Attorney Monaco on Sep 17

Ohio law refers to a parent’s right to spend time with his/her children as “parenting time,” although we still commonly hear references to the old terms “visitation” and “companionship.” Whenever the court determines that parenting time a parent should have with his/her children, the court is to consider all of the following factors:
(1) The prior interaction and interrelationships of the child with the child’s parents, siblings, and other persons related by blood or marriage, and with the person who requested companionship;
(2) The geographical location of the residence of each parent and the distance between those residences;
(3) The child’s and parents’ available time, including, but not limited to, each parent’s employment schedule, the child’s school schedule, and the child’s and the parents’ holiday and vacation schedule;
(4) The age of the child;
(5) The child’s adjustment to home, school, and community;
(6) If the court has interviewed the child in chambers, the wishes and concerns of the child, as expressed to the court;
(7) The health and safety of the child;
(8) The amount of time that will be available for the child to spend with siblings;
(9) The mental and physical health of all parties;
(10) Each parent’s willingness to reschedule missed parenting time and to facilitate the other parent’s parenting time rights, and with respect to a person who requested companionship or visitation, the willingness of that person to reschedule missed visitation;
(11) In relation to parenting time, whether either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child…;
(12) Whether the residential parent has continuously and willfully denied the other parent’s right to parenting time in accordance with an order of the court;
(13) Whether either parent has established a residence or is planning to establish a residence outside this state;
(14) In relation to requested companionship or visitation by a person other than a parent, the wishes and concerns of the child’s parents, as expressed by them to the court;
(15) Any other factor in the best interest of the child.

posted by Attorney Monaco on Sep 17

In order to modify a current parenting time order, the parent seeking the modification has the burden of demonstrating that the modification is in the child’s best interest. Similarly, the parent seeking the modification as the burden of demonstrating that the new schedule being proposed is in the child’s best interest.

posted by Attorney Monaco on Oct 6

Ideally, the parenting time schedule for the non-residential parent is tailored to the needs of each family based upon the parents’ work schedules and children’s school and activity schedules. The reality is that there is not always enough time in a court hearing to review of all that information for purposes of crafting the most appropriate schedule. (Financial issues often take up the bulk of the allotted hearing time.) If the parents cannot agree on an appropriate schedule, the non-residential parent is likely to be granted the court’s default schedule. The provisions of the schedule are set forth on the court’s website: www.drcourt.org. Follow the link on the top left for ‘Forms,’ and then click on Form #8. This is often referred to as the “standard schedule.”