ALLOCATION OF PARENTAL RIGHTS AND RESPONSIBILITIES PARENTING SCHEDULE FOR HAMILTON COUNTY COURT OF DOMESTIC RELATIONS ENTER: JUDGE/MAGISTRATE PLAINTIFF / PETITIONER DATE: CASE NO. -ANDFILE NO. CSEA NO. DEFENDANT / PETITIONER JUDGE STANDARD PARENTING ORDER During and after a divorce, there is often a crisis period (from several months to years) during which families are under great stress because of loss, conflict and change. Most studies show, and psychologists uniformly agree, that the children who “do best” following divorce are from families which maintain a low level of conflict. The absence of conflict is even more critical than the amount of time either parent spends with the child. However, children clearly profit by continued meaningful exposure to both parents. Children need the continuing and regular involvement of both parents to feel loved. No specific schedule will satisfy the change in needs of both children and parents over the years. Critical to the success of any schedule is that each parent be flexible based upon the changing needs of a child as the child grows older. This court order takes into account the changing developmental needs of children. It is recognized that each situation and each child is different, and it is preferred that parents tailor the parenting schedule to meet the specific needs of their children. A good parenting plan developed for a family should be based upon the following considerations: 1. The developmental needs and age of each child 2. The psychological attachments of each child 3. The way the child-rearing tasks were shared during the marriage 4. The preservation or development of a close relationship with each parent 5. A consistent and predictable schedule that minimizes the transition between the households 6. Each child’s temperament and ability to handle change 7. Parents’ career demands and work schedules 8. The need for periodic review of the plan, noting trouble signs and revising as each child’s needs and circumstances change If parents have not filed with the Court their own agreed written plan, for good cause shown, the following schedule of parenting time (court order in boldface print) is hereby ordered: 1. TERMINOLOGY: For purposes of this order,__________________________________________ is designated the residential parent and _________________________________________________ is designated the non-residential parent. For purposes of a Shared Parenting Plan, wherever “residential parent” appears, the name of ______________________ shall be substituted as if rewritten, and wherever “non-residential parent” appears, the name of ____________________________ shall be substituted as if rewritten. For purposes of the following parenting schedule, “week 1” is considered to be the first full week of each calendar year with Monday regarded as the first day of the week. PARENTS WITH CHILDREN IN MORE THAN ONE AGE GROUP: The policy of the following time allocation is to provide a schedule which is best suited for the particular age of that child(ren). When a family has children in more than one age group, the parents should either adapt the schedule to fit the needs of each child or follow Schedule C. 2. WEEKLY SCHEDULE Basic Principles: Birth to Five Years i. Particularly with very young children, the more frequently the non-residential parent sees the child(ren), the more appropriate it is to have longer periods of time with the non-residential parent. ii. If the non-residential parent has not had regular contact with the child, short periods of parenting time must precede extended periods. iii. With children over the age of 3 months, and particularly with children in the preschool years, more overnight time may be appropriate, subject to the temperament of the child and the circumstances of each family. DR 2.7 (REV. 6/22/01) -1 - American LegalNet, Inc. www.FormsWorkflow.com The non-residential parent shall have parenting time as follows: A. Birth to 3 months: frequent short visits in the baby’s home, unless otherwise specified. If the residential parent is not working outside the home, daily from 6:00 pm until 8:00 pm If the residential parent is working outside the home, every other day from 6:00 pm until 8:00 pm The non-residential parent may take the child out for walks or drives if sleeping and feeding are provided for. B. 3 months to 3 years: 3 MONTHS TO 3 YEARS - PARENTING SCHEDULE Frequent short visits per agreement or, Tuesday and Thursday evenings from 5:30 pm until 8:30 pm MON One day every weekend, alternating Saturday/Sunday from 10:00 am until 6:00 pm * C. Beginning at 12 months, the Saturday parenting time Shall begin on Friday at 6:00 pm until Saturday at 6:00 pm TUE W ED THU FRI WK1 WK2 WK3 WK4 SAT SUN D D* D D* X = Evenings D = 10:00 AM TO 6:00 PM 3 to 5 years: 3 TO 5 YEARS - PARENTING SCHEDULE Tuesday and Thursday evenings from 5:30 pm until 8:30 pm MON A rotating four week schedule as follows: Week 1-Friday 6:00 pm until Saturday at 6:00 pm TUE W ED THU WK1 WK2 WK3 WK4 FRI SAT SUN O O O O Week 2-Saturday 6:00 pm until Sunday at 6:00 pm Week 3-Friday 6:00 pm until Sunday at 6:00 pm X = Evenings O = Overnight Week 4-Residential Parent’s weekend. Basic Principles - Six to Eleven Years i. Elementary school age children can adapt to longer periods of separation from their principal caretakers than younger children can. ii. The needs of the 6-11 year old child with regard to school schedules, homework, and extra-curricular activities must be respected. iii. Adjusting to and moving back and forth between two households increases the complexity of life for a child in a divorce situation. It may, therefore, be necessary to simplify other aspects of a child’s life, e.g. by reducing the number of outside activities. The non-residential parent shall have parenting time as follows: D. 6 to 11 years: 6 - 11 YEARS - PARENTING SCHEDULE Alternate weekends from Friday evening at 6:00 pm To Monday morning before school, or summer care. MON Overnight on the Thursday evening following that weekend from 6:00 pm to before school or summer care on Friday morning, and from 6:00 pm to 8:00 pm on the following Tuesday evening. WK1 WK2 WK3 WK4 TUE W ED THU FRI O SAT O SUN O O O O O O X = Evenings O = Overnight DR 2.7 (REV. 6/22/01) -2 - American LegalNet, Inc. www.FormsWorkflow.com Basic Principles: Twelve and Teenage Years i. Parents should respect a teenager’s need to spend time with peers and in organized activities, and less time with each parent, especially during weekends and summer holidays. ii. Quality of time is more important than a rigid schedule. Flexibility in scheduling is necessary. When possible, it is preferable to consider the teenager’s wishes as long as the parents agree. The non-residential parent shall have parenting time as follows: E. 12 to 18 years: Tuesday and Thursday evenings from 5:30 pm until 8:30 pm 12-TEENAGERS - PARENTING SCHEDULE MON A rotating four week schedule as follows: Week 1-Friday 6:00 pm until Saturday at 6:00 pm TUE WK1 WK2 WK3 WK4 W ED THU FRI SAT SUN O O O O Week 2-Saturday 6:00 pm until Sunday at 6:00 pm Week 3-Friday 6:00 pm until Sunday at 6:00 pm X = Evenings O = Overnight Week 4-Residential Parent’s weekend 3. HOLIDAY SCHEDULE/EXTENDED PERIODS A. Parents may wish to change, by agreement, a holiday at least one week in advance in order to observe family or religious traditions. If not changed by agreement holiday times, where relevant, are as follows: HOLIDAYS EVEN # YEARS ODD # YEARS AS AGREED, OR Mother Father 12/31, 6:00 pm - 1/1/, 7:00 pm New Year’s Holiday * Martin Luther King Day Father Mother Sun.,6:00pm - Mon., 7:00 pm President’s Day Mother Father Sun.,6:00 pm - Mon., 7:00pm Easter Father Mother Sat., noon - Sun., 7:00 pm Memorial Day Mother Father Sun.,noon - Mon., 7:00 pm Fourth of July Father Mother 7/4, 9:00 am - 10:30 pm Labor Day Mother Father Sun., 6:00 pm - Mon., 7:00 pm Halloween (Beggar’s Night) Father Mother 5:00 pm - 8:00 pm Thanksgiving Mother Father Weds., 6:00 pm - Fri., 7:00 pm Christmas Eve Father Mother 12/23, noon - 12/24, 10:00 pm Christmas Day Mother Father 12/24 10:00pm - 12/26, 6:00pm Kwanzaa Father Mother 1st night, 5:00 pm-9:30 pm Rosh Hashanah Eve Mother Father 5:00 pm - 9:30 pm Rosh Hashanah Day Father Mother 9:00 am - 7:00 pm Yom Kippur Eve Mother Father 5:00 pm - 9:30 pm Yom Kippur Day Father Mother 9:00 am - 7:00 pm Passover (1st night) Mother Father 5:00 pm - 9:30 pm Hanukkah (1st night) Father Mother 6:00 pm - 8:30 pm Mother’s Day Mother Mother 10:00 am - 7:00 pm Father’s Day Father Father 10:00 am - 7:00 pm Child’s B’day (school) Father Mother 5:30 pm - 8:30 pm Child’s B’day (no school) Father Mother 10:00 am - 8:30 pm * New Year’s Holiday is governed by the year in which New Year’s Day falls. It is not governed by the year in which New Year’s Eve falls. B. When a child reaches the age of two, the non-residential parent shall be entitled to four weeks of additional time each year. After the age of five, two weeks may be taken consecutively. This time may be exercised during the summer, the child(ren)’s spring break from school (every other year) or at any other appropriate time during the year. This time may also be exercised during the child(ren)’s school break at Christmas (every other year), but under no circumstances shall the additional extended time commence before December 26 and continue past 6:00 pm on December 31. For children ages two to five, said four week extended time may be taken in one week increments. Under the age of two there will be no extended periods. C. The residential parent shall be entitled to two weeks of consecutive time each year. D. Extended periods of time are to be arranged within seven days from the time the parents’ vacation schedules are posted by their employers. Each parent shall notify the other parent in writing of the times desired for these extended periods no later than 30 days prior to the exercise of extended period. Where there is a conflict between parents as to vacation schedules, the schedule of the parent who first gives written notice to the other parent shall prevail. E. In the event of a conflict, the following is the order of precedence: 1st Holidays; 2nd Extended periods; 3rd Weekends; and 4th Midweek days. DR 2.7 (REV. 6/22/01) -3 - American LegalNet, Inc. www.FormsWorkflow.com 4. MISCELLANEOUS A. The child(ren) and/or residential parent have no duty to wait for the non-residential parent to arrive for more than 30 minutes. The nonresidential parent who is more than 30 minutes late for a particular period of time shall forfeit that period of time. Exception shall be made if, and only if, the tardiness of the non-residential parent is for just cause and the residential parent receives both prompt notification and a reasonable estimated arrival time. B. The non-residential parent who is more than 30 minutes late in returning the child(ren) without calling to make arrangements and without just cause shall be subject to contempt. C. When the residential parent will be gone overnight regardless of the age of the child(ren), the non-residential parent shall be afforded the opportunity to exercise overnight parenting time. D. Make-up days shall be given if, due to an emergency, the child(ren) or non-residential parent is not available at the scheduled time or if the residential parent denies access to the child(ren) without just cause. All make-up dates shall be rescheduled and exercised within 30 days. E. The parents shall make every effort to consider the child(ren)’s school schedule or reasonable extracurricular activities to serve the best interest of the child(ren). F. In the event that the parents are unable to reach an agreement regarding transportation, ______________________________shall provide transportation at commencement of the period and ____________________________shall provide transportation at termination of the period. G. The non-residential parent shall have frequent and ongoing telephone contact with the child(ren). The non-residential parent shall utilize this time in a reasonable fashion. 5. RECORDS/DAYCARE/STUDENT ACTIVITIES/MEDICAL ACCESS A. The non-residential parent shall be entitled to access to any and all records related to the child(ren) to the same extent as is legally provided to the residential parent and under the same terms and conditions by which access is provided to the residential parent. The residential parent shall supply the keeper of any medical/school records of the child(ren) with a copy of his/her order. The residential parent shall supply any other keeper of any records of the child(ren) with a copy of this order upon request of either the non-residential parent or the keeper of the record. B. In the event a child’s illness requires medical attention by a physician, the residential parent shall promptly notify the non-residential parent. Elective surgery shall only be performed after consultation with the non-residential parent. C. The non-residential parent shall be entitled to access to student activities relating to the child(ren) to the same extent as is legally provided to the residential parent and under the same terms and conditions by which access is provided to the residential parent. The residential parent shall provide the school(s) with a copy of this order. D. The non-residential parent shall be entitled to access to any daycare center that is, or that in the future may be attended by the child(ren), to the same extent as is legally provided to the residential parent and under the same terms and conditions by which access is provided to the residential parent. The non-residential parent shall not remove the child(ren) from the daycare premises except during periods of time to which the non-residential parent is otherwise entitled pursuant to this order or except by written agreement of the parents. The residential parent shall provide a copy of this order to the daycare center. 6. RELOCATION/REMOVAL A. In accordance with Rule 2.7 of the Court’s Local Rules, the residential parent shall notify the Court and the other parent of any intent to relocate by completing Court Form 2.8 (“Notice of Intent to Relocate”) and submitting it to the Court’s Docket Office. If a Shared Parenting Plan is in effect, each parent must notify the Court and the other parent of any intent to relocate by complying with the provisions of Local Rule 2.7 and submitting Form 2.8. Form 2.8 is available in the Docket Office. B. Neither parent may remove the child(ren) from Hamilton County or its contiguous Ohio counties (i.e. Butler, Warren, Clermont counties) and establish residence for them in another county without first obtaining a court order or an agreed entry permitting such removal. (Note: To have legal effect, an agreed entry must be signed by both parents, their attorneys (if any), and the Court, and thereafter be filed with the Hamilton County Clerk of Courts.) 7. MODIFICATION/RESTRICTIONS AS FOLLOWS: ANY KEEPER OF ANY RECORD WHO KNOWINGLY FAILS TO COMPLY WITH THIS ORDER, OR DIVISION (H) OF SECTION 3109.051 OF THE OHIO REVISED CODE, AND ANY SCHOOL OFFICIAL OR EMPLOYEE WHO KNOWINGLY FAILS TO COMPLY WITH THIS ORDER OR DIVISION (J) OF SECTION 3109.051 OF THE OHIO REVISED CODE IS IN CONTEMPT OF COURT. WILLFUL NON-COMPLIANCE BY A PARENT WITH THIS ORDER MAY RESULT IN A FINDING OF CONTEMPT RESULTING IN THIRTY (30) DAYS TO NINETY (90) DAYS INCARCERATION, A $250.00 TO $1,000.00 FINE, AND AN AWARD OF THE MOVING PARENT’S ATTORNEY FEES AND COSTS. BY SIGNATURE ON THIS AGREED ORDER, BOTH PARENTS EXPRESSLY, KNOWINGLY AND VOLUNTARILY WAIVE ANY REQUIREMENT THAT THE COURT ISSUE SEPARATE FINDINGS OF FACT/CONCLUSIONS OF LAW PURSUANT TO O.R.C. 3109.04, 3109.051 AND 3109.052. _____________________________________________________ Magistrate ______________________________________________ Plaintiff/Petitioner ____________________________________________________ Defendant/Petitioner ______________________________________________ Attorney for Plaintiff/Petitioner ____________________________________________________ Attorney for Defendant/Petitioner DR 2.7 (REV. 6/22/01) -4 - American LegalNet, Inc. www.FormsWorkflow.com