As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 121

Representative Rosenberger 

Cosponsors: Representatives Gonzales, O'Brien, Mecklenborg, Beck, Pillich, Johnson, Thompson, Bubp, Martin, Slaby, Fende 

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A BILL

To amend sections 3109.04 and 3109.051 of the Revised

1

Code regarding child custody and visitation rights

2

of parents called to active military service.

3

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 3109.04 and 3109.051 of the Revised	4
Code be amended to read as follows:	5

Sec. 3109.04.  (A) In any divorce, legal separation, or	6
annulment proceeding and in any proceeding pertaining to the	7
allocation of parental rights and responsibilities for the care of	8
a child, upon hearing the testimony of either or both parents and	9
considering any mediation report filed pursuant to section	10
3109.052 of the Revised Code and in accordance with sections	11
3127.01 to 3127.53 of the Revised Code, the court shall allocate	12
the parental rights and responsibilities for the care of the minor	13
children of the marriage. Subject to division (D)(2) of this	14
section, the court may allocate the parental rights and	15
responsibilities for the care of the children in either of the	16
following ways:	17

(1) If neither parent files a pleading or motion in	18
accordance with division (G) of this section, if at least one	19
parent files a pleading or motion under that division but no	20
parent who filed a pleading or motion under that division also	21
files a plan for shared parenting, or if at least one parent files	22
both a pleading or motion and a shared parenting plan under that	23
division but no plan for shared parenting is in the best interest	24
of the children, the court, in a manner consistent with the best	25
interest of the children, shall allocate the parental rights and	26
responsibilities for the care of the children primarily to one of	27
the parents, designate that parent as the residential parent and	28
the legal custodian of the child, and divide between the parents	29
the other rights and responsibilities for the care of the	30
children, including, but not limited to, the responsibility to	31
provide support for the children and the right of the parent who	32
is not the residential parent to have continuing contact with the	33
children.	34

(2) If at least one parent files a pleading or motion in	35
accordance with division (G) of this section and a plan for shared	36
parenting pursuant to that division and if a plan for shared	37
parenting is in the best interest of the children and is approved	38
by the court in accordance with division (D)(1) of this section,	39
the court may allocate the parental rights and responsibilities	40
for the care of the children to both parents and issue a shared	41
parenting order requiring the parents to share all or some of the	42
aspects of the physical and legal care of the children in	43
accordance with the approved plan for shared parenting. If the	44
court issues a shared parenting order under this division and it	45
is necessary for the purpose of receiving public assistance, the	46
court shall designate which one of the parents' residences is to	47
serve as the child's home. The child support obligations of the	48
parents under a shared parenting order issued under this division	49
shall be determined in accordance with Chapters 3119., 3121.,	50
3123., and 3125. of the Revised Code.	51

(B)(1) When making the allocation of the parental rights and	52
responsibilities for the care of the children under this section	53
in an original proceeding or in any proceeding for modification of	54
a prior order of the court making the allocation, the court shall	55
take into account that which would be in the best interest of the	56
children. In determining the child's best interest for purposes of	57
making its allocation of the parental rights and responsibilities	58
for the care of the child and for purposes of resolving any issues	59
related to the making of that allocation, the court, in its	60
discretion, may and, upon the request of either party, shall	61
interview in chambers any or all of the involved children	62
regarding their wishes and concerns with respect to the	63
allocation.	64

(2) If the court interviews any child pursuant to division	65
(B)(1) of this section, all of the following apply:	66

(a) The court, in its discretion, may and, upon the motion of	67
either parent, shall appoint a guardian ad litem for the child.	68

(b) The court first shall determine the reasoning ability of	69
the child. If the court determines that the child does not have	70
sufficient reasoning ability to express the child's wishes and	71
concern with respect to the allocation of parental rights and	72
responsibilities for the care of the child, it shall not determine	73
the child's wishes and concerns with respect to the allocation. If	74
the court determines that the child has sufficient reasoning	75
ability to express the child's wishes or concerns with respect to	76
the allocation, it then shall determine whether, because of	77
special circumstances, it would not be in the best interest of the	78
child to determine the child's wishes and concerns with respect to	79
the allocation. If the court determines that, because of special	80
circumstances, it would not be in the best interest of the child	81
to determine the child's wishes and concerns with respect to the	82
allocation, it shall not determine the child's wishes and concerns	83
with respect to the allocation and shall enter its written	84
findings of fact and opinion in the journal. If the court	85
determines that it would be in the best interests of the child to	86
determine the child's wishes and concerns with respect to the	87
allocation, it shall proceed to make that determination.	88

(c) The interview shall be conducted in chambers, and no	89
person other than the child, the child's attorney, the judge, any	90
necessary court personnel, and, in the judge's discretion, the	91
attorney of each parent shall be permitted to be present in the	92
chambers during the interview.	93

(3) No person shall obtain or attempt to obtain from a child	94
a written or recorded statement or affidavit setting forth the	95
child's wishes and concerns regarding the allocation of parental	96
rights and responsibilities concerning the child. No court, in	97
determining the child's best interest for purposes of making its	98
allocation of the parental rights and responsibilities for the	99
care of the child or for purposes of resolving any issues related	100
to the making of that allocation, shall accept or consider a	101
written or recorded statement or affidavit that purports to set	102
forth the child's wishes and concerns regarding those matters.	103

(C) Prior to trial, the court may cause an investigation to	104
be made as to the character, family relations, past conduct,	105
earning ability, and financial worth of each parent and may order	106
the parents and their minor children to submit to medical,	107
psychological, and psychiatric examinations. The report of the	108
investigation and examinations shall be made available to either	109
parent or the parent's counsel of record not less than five days	110
before trial, upon written request. The report shall be signed by	111
the investigator, and the investigator shall be subject to	112
cross-examination by either parent concerning the contents of the	113
report. The court may tax as costs all or any part of the expenses	114
for each investigation.	115

If the court determines that either parent previously has	116
been convicted of or pleaded guilty to any criminal offense	117
involving any act that resulted in a child being a neglected	118
child, that either parent previously has been determined to be the	119
perpetrator of the neglectful act that is the basis of an	120
adjudication that a child is a neglected child, or that there is	121
reason to believe that either parent has acted in a manner	122
resulting in a child being a neglected child, the court shall	123
consider that fact against naming that parent the residential	124
parent and against granting a shared parenting decree. When the	125
court allocates parental rights and responsibilities for the care	126
of children or determines whether to grant shared parenting in any	127
proceeding, it shall consider whether either parent or any member	128
of the household of either parent has been convicted of or pleaded	129
guilty to a violation of section 2919.25 of the Revised Code or a	130
sexually oriented offense involving a victim who at the time of	131
the commission of the offense was a member of the family or	132
household that is the subject of the proceeding, has been	133
convicted of or pleaded guilty to any sexually oriented offense or	134
other offense involving a victim who at the time of the commission	135
of the offense was a member of the family or household that is the	136
subject of the proceeding and caused physical harm to the victim	137
in the commission of the offense, or has been determined to be the	138
perpetrator of the abusive act that is the basis of an	139
adjudication that a child is an abused child. If the court	140
determines that either parent has been convicted of or pleaded	141
guilty to a violation of section 2919.25 of the Revised Code or a	142
sexually oriented offense involving a victim who at the time of	143
the commission of the offense was a member of the family or	144
household that is the subject of the proceeding, has been	145
convicted of or pleaded guilty to any sexually oriented offense or	146
other offense involving a victim who at the time of the commission	147
of the offense was a member of the family or household that is the	148
subject of the proceeding and caused physical harm to the victim	149
in the commission of the offense, or has been determined to be the	150
perpetrator of the abusive act that is the basis of an	151
adjudication that a child is an abused child, it may designate	152
that parent as the residential parent and may issue a shared	153
parenting decree or order only if it determines that it is in the	154
best interest of the child to name that parent the residential	155
parent or to issue a shared parenting decree or order and it makes	156
specific written findings of fact to support its determination.	157

(D)(1)(a) Upon the filing of a pleading or motion by either	158
parent or both parents, in accordance with division (G) of this	159
section, requesting shared parenting and the filing of a shared	160
parenting plan in accordance with that division, the court shall	161
comply with division (D)(1)(a)(i), (ii), or (iii) of this section,	162
whichever is applicable:	163

(i) If both parents jointly make the request in their	164
pleadings or jointly file the motion and also jointly file the	165
plan, the court shall review the parents' plan to determine if it	166
is in the best interest of the children. If the court determines	167
that the plan is in the best interest of the children, the court	168
shall approve it. If the court determines that the plan or any	169
part of the plan is not in the best interest of the children, the	170
court shall require the parents to make appropriate changes to the	171
plan to meet the court's objections to it. If changes to the plan	172
are made to meet the court's objections, and if the new plan is in	173
the best interest of the children, the court shall approve the	174
plan. If changes to the plan are not made to meet the court's	175
objections, or if the parents attempt to make changes to the plan	176
to meet the court's objections, but the court determines that the	177
new plan or any part of the new plan still is not in the best	178
interest of the children, the court may reject the portion of the	179
parents' pleadings or deny their motion requesting shared	180
parenting of the children and proceed as if the request in the	181
pleadings or the motion had not been made. The court shall not	182
approve a plan under this division unless it determines that the	183
plan is in the best interest of the children.	184

(ii) If each parent makes a request in the parent's pleadings	185
or files a motion and each also files a separate plan, the court	186
shall review each plan filed to determine if either is in the best	187
interest of the children. If the court determines that one of the	188
filed plans is in the best interest of the children, the court may	189
approve the plan. If the court determines that neither filed plan	190
is in the best interest of the children, the court may order each	191
parent to submit appropriate changes to the parent's plan or both	192
of the filed plans to meet the court's objections, or may select	193
one of the filed plans and order each parent to submit appropriate	194
changes to the selected plan to meet the court's objections. If	195
changes to the plan or plans are submitted to meet the court's	196
objections, and if any of the filed plans with the changes is in	197
the best interest of the children, the court may approve the plan	198
with the changes. If changes to the plan or plans are not	199
submitted to meet the court's objections, or if the parents submit	200
changes to the plan or plans to meet the court's objections but	201
the court determines that none of the filed plans with the	202
submitted changes is in the best interest of the children, the	203
court may reject the portion of the parents' pleadings or deny	204
their motions requesting shared parenting of the children and	205
proceed as if the requests in the pleadings or the motions had not	206
been made. If the court approves a plan under this division,	207
either as originally filed or with submitted changes, or if the	208
court rejects the portion of the parents' pleadings or denies	209
their motions requesting shared parenting under this division and	210
proceeds as if the requests in the pleadings or the motions had	211
not been made, the court shall enter in the record of the case	212
findings of fact and conclusions of law as to the reasons for the	213
approval or the rejection or denial. Division (D)(1)(b) of this	214
section applies in relation to the approval or disapproval of a	215
plan under this division.	216

(iii) If each parent makes a request in the parent's	217
pleadings or files a motion but only one parent files a plan, or	218
if only one parent makes a request in the parent's pleadings or	219
files a motion and also files a plan, the court in the best	220
interest of the children may order the other parent to file a plan	221
for shared parenting in accordance with division (G) of this	222
section. The court shall review each plan filed to determine if	223
any plan is in the best interest of the children. If the court	224
determines that one of the filed plans is in the best interest of	225
the children, the court may approve the plan. If the court	226
determines that no filed plan is in the best interest of the	227
children, the court may order each parent to submit appropriate	228
changes to the parent's plan or both of the filed plans to meet	229
the court's objections or may select one filed plan and order each	230
parent to submit appropriate changes to the selected plan to meet	231
the court's objections. If changes to the plan or plans are	232
submitted to meet the court's objections, and if any of the filed	233
plans with the changes is in the best interest of the children,	234
the court may approve the plan with the changes. If changes to the	235
plan or plans are not submitted to meet the court's objections, or	236
if the parents submit changes to the plan or plans to meet the	237
court's objections but the court determines that none of the filed	238
plans with the submitted changes is in the best interest of the	239
children, the court may reject the portion of the parents'	240
pleadings or deny the parents' motion or reject the portion of the	241
parents' pleadings or deny their motions requesting shared	242
parenting of the children and proceed as if the request or	243
requests or the motion or motions had not been made. If the court	244
approves a plan under this division, either as originally filed or	245
with submitted changes, or if the court rejects the portion of the	246
pleadings or denies the motion or motions requesting shared	247
parenting under this division and proceeds as if the request or	248
requests or the motion or motions had not been made, the court	249
shall enter in the record of the case findings of fact and	250
conclusions of law as to the reasons for the approval or the	251
rejection or denial. Division (D)(1)(b) of this section applies in	252
relation to the approval or disapproval of a plan under this	253
division.	254

(b) The approval of a plan under division (D)(1)(a)(ii) or	255
(iii) of this section is discretionary with the court. The court	256
shall not approve more than one plan under either division and	257
shall not approve a plan under either division unless it	258
determines that the plan is in the best interest of the children.	259
If the court, under either division, does not determine that any	260
filed plan or any filed plan with submitted changes is in the best	261
interest of the children, the court shall not approve any plan.	262

(c) Whenever possible, the court shall require that a shared	263
parenting plan approved under division (D)(1)(a)(i), (ii), or	264
(iii) of this section ensure the opportunity for both parents to	265
have frequent and continuing contact with the child, unless	266
frequent and continuing contact with any parent would not be in	267
the best interest of the child.	268

(d) If a court approves a shared parenting plan under	269
division (D)(1)(a)(i), (ii), or (iii) of this section, the	270
approved plan shall be incorporated into a final shared parenting	271
decree granting the parents the shared parenting of the children.	272
Any final shared parenting decree shall be issued at the same time	273
as and shall be appended to the final decree of dissolution,	274
divorce, annulment, or legal separation arising out of the action	275
out of which the question of the allocation of parental rights and	276
responsibilities for the care of the children arose.	277

No provisional shared parenting decree shall be issued in	278
relation to any shared parenting plan approved under division	279
(D)(1)(a)(i), (ii), or (iii) of this section. A final shared	280
parenting decree issued under this division has immediate effect	281
as a final decree on the date of its issuance, subject to	282
modification or termination as authorized by this section.	283

(2) If the court finds, with respect to any child under	284
eighteen years of age, that it is in the best interest of the	285
child for neither parent to be designated the residential parent	286
and legal custodian of the child, it may commit the child to a	287
relative of the child or certify a copy of its findings, together	288
with as much of the record and the further information, in	289
narrative form or otherwise, that it considers necessary or as the	290
juvenile court requests, to the juvenile court for further	291
proceedings, and, upon the certification, the juvenile court has	292
exclusive jurisdiction.	293

(E)(1)(a) The court shall not modify a prior decree	294
allocating parental rights and responsibilities for the care of	295
children unless it finds, based on facts that have arisen since	296
the prior decree or that were unknown to the court at the time of	297
the prior decree, that a change has occurred in the circumstances	298
of the child, the child's residential parent, or either of the	299
parents subject to a shared parenting decree, and that the	300
modification is necessary to serve the best interest of the child.	301
In applying these standards, the court shall retain the	302
residential parent designated by the prior decree or the prior	303
shared parenting decree, unless a modification is in the best	304
interest of the child and one of the following applies:	305

(i) The residential parent agrees to a change in the	306
residential parent or both parents under a shared parenting decree	307
agree to a change in the designation of residential parent.	308

(ii) The child, with the consent of the residential parent or	309
of both parents under a shared parenting decree, has been	310
integrated into the family of the person seeking to become the	311
residential parent.	312

(iii) The harm likely to be caused by a change of environment	313
is outweighed by the advantages of the change of environment to	314
the child.	315

(b) One or both of the parents under a prior decree	316
allocating parental rights and responsibilities for the care of	317
children that is not a shared parenting decree may file a motion	318
requesting that the prior decree be modified to give both parents	319
shared rights and responsibilities for the care of the children.	320
The motion shall include both a request for modification of the	321
prior decree and a request for a shared parenting order that	322
complies with division (G) of this section. Upon the filing of the	323
motion, if the court determines that a modification of the prior	324
decree is authorized under division (E)(1)(a) of this section, the	325
court may modify the prior decree to grant a shared parenting	326
order, provided that the court shall not modify the prior decree	327
to grant a shared parenting order unless the court complies with	328
divisions (A) and (D)(1) of this section and, in accordance with	329
those divisions, approves the submitted shared parenting plan and	330
determines that shared parenting would be in the best interest of	331
the children.	332

(2) In addition to a modification authorized under division	333
(E)(1) of this section:	334

(a) Both parents under a shared parenting decree jointly may	335
modify the terms of the plan for shared parenting approved by the	336
court and incorporated by it into the shared parenting decree.	337
Modifications under this division may be made at any time. The	338
modifications to the plan shall be filed jointly by both parents	339
with the court, and the court shall include them in the plan,	340
unless they are not in the best interest of the children. If the	341
modifications are not in the best interests of the children, the	342
court, in its discretion, may reject the modifications or make	343
modifications to the proposed modifications or the plan that are	344
in the best interest of the children. Modifications jointly	345
submitted by both parents under a shared parenting decree shall be	346
effective, either as originally filed or as modified by the court,	347
upon their inclusion by the court in the plan. Modifications to	348
the plan made by the court shall be effective upon their inclusion	349
by the court in the plan.	350

(b) The court may modify the terms of the plan for shared	351
parenting approved by the court and incorporated by it into the	352
shared parenting decree upon its own motion at any time if the	353
court determines that the modifications are in the best interest	354
of the children or upon the request of one or both of the parents	355
under the decree. Modifications under this division may be made at	356
any time. The court shall not make any modification to the plan	357
under this division, unless the modification is in the best	358
interest of the children.	359

(c) The court may terminate a prior final shared parenting	360
decree that includes a shared parenting plan approved under	361
division (D)(1)(a)(i) of this section upon the request of one or	362
both of the parents or whenever it determines that shared	363
parenting is not in the best interest of the children. The court	364
may terminate a prior final shared parenting decree that includes	365
a shared parenting plan approved under division (D)(1)(a)(ii) or	366
(iii) of this section if it determines, upon its own motion or	367
upon the request of one or both parents, that shared parenting is	368
not in the best interest of the children. If modification of the	369
terms of the plan for shared parenting approved by the court and	370
incorporated by it into the final shared parenting decree is	371
attempted under division (E)(2)(a) of this section and the court	372
rejects the modifications, it may terminate the final shared	373
parenting decree if it determines that shared parenting is not in	374
the best interest of the children.	375

(d) Upon the termination of a prior final shared parenting	376
decree under division (E)(2)(c) of this section, the court shall	377
proceed and issue a modified decree for the allocation of parental	378
rights and responsibilities for the care of the children under the	379
standards applicable under divisions (A), (B), and (C) of this	380
section as if no decree for shared parenting had been granted and	381
as if no request for shared parenting ever had been made.	382

(F)(1) In determining the best interest of a child pursuant	383
to this section, whether on an original decree allocating parental	384
rights and responsibilities for the care of children or a	385
modification of a decree allocating those rights and	386
responsibilities, the court shall consider all relevant factors,	387
including, but not limited to:	388

(a) The wishes of the child's parents regarding the child's	389
care;	390

(b) If the court has interviewed the child in chambers	391
pursuant to division (B) of this section regarding the child's	392
wishes and concerns as to the allocation of parental rights and	393
responsibilities concerning the child, the wishes and concerns of	394
the child, as expressed to the court;	395

(c) The child's interaction and interrelationship with the	396
child's parents, siblings, and any other person who may	397
significantly affect the child's best interest;	398

(d) The child's adjustment to the child's home, school, and	399
community;	400

(e) The mental and physical health of all persons involved in	401
the situation;	402

(f) The parent more likely to honor and facilitate	403
court-approved parenting time rights or visitation and	404
companionship rights;	405

(g) Whether either parent has failed to make all child	406
support payments, including all arrearages, that are required of	407
that parent pursuant to a child support order under which that	408
parent is an obligor;	409

(h) Whether either parent or any member of the household of	410
either parent previously has been convicted of or pleaded guilty	411
to any criminal offense involving any act that resulted in a child	412
being an abused child or a neglected child; whether either parent,	413
in a case in which a child has been adjudicated an abused child or	414
a neglected child, previously has been determined to be the	415
perpetrator of the abusive or neglectful act that is the basis of	416
an adjudication; whether either parent or any member of the	417
household of either parent previously has been convicted of or	418
pleaded guilty to a violation of section 2919.25 of the Revised	419
Code or a sexually oriented offense involving a victim who at the	420
time of the commission of the offense was a member of the family	421
or household that is the subject of the current proceeding;	422
whether either parent or any member of the household of either	423
parent previously has been convicted of or pleaded guilty to any	424
offense involving a victim who at the time of the commission of	425
the offense was a member of the family or household that is the	426
subject of the current proceeding and caused physical harm to the	427
victim in the commission of the offense; and whether there is	428
reason to believe that either parent has acted in a manner	429
resulting in a child being an abused child or a neglected child;	430

(i) Whether the residential parent or one of the parents	431
subject to a shared parenting decree has continuously and	432
willfully denied the other parent's right to parenting time in	433
accordance with an order of the court;	434

(j) Whether either parent has established a residence, or is	435
planning to establish a residence, outside this state.	436

(2) In determining whether shared parenting is in the best	437
interest of the children, the court shall consider all relevant	438
factors, including, but not limited to, the factors enumerated in	439
division (F)(1) of this section, the factors enumerated in section	440
3119.23 of the Revised Code, and all of the following factors:	441

(a) The ability of the parents to cooperate and make	442
decisions jointly, with respect to the children;	443

(b) The ability of each parent to encourage the sharing of	444
love, affection, and contact between the child and the other	445
parent;	446

(c) Any history of, or potential for, child abuse, spouse	447
abuse, other domestic violence, or parental kidnapping by either	448
parent;	449

(d) The geographic proximity of the parents to each other, as	450
the proximity relates to the practical considerations of shared	451
parenting;	452

(e) The recommendation of the guardian ad litem of the child,	453
if the child has a guardian ad litem.	454

(3) When allocating parental rights and responsibilities for	455
the care of children, the court shall not give preference to a	456
parent because of that parent's financial status or condition.	457

(G) Either parent or both parents of any children may file a	458
pleading or motion with the court requesting the court to grant	459
both parents shared parental rights and responsibilities for the	460
care of the children in a proceeding held pursuant to division (A)	461
of this section. If a pleading or motion requesting shared	462
parenting is filed, the parent or parents filing the pleading or	463
motion also shall file with the court a plan for the exercise of	464
shared parenting by both parents. If each parent files a pleading	465
or motion requesting shared parenting but only one parent files a	466
plan or if only one parent files a pleading or motion requesting	467
shared parenting and also files a plan, the other parent as	468
ordered by the court shall file with the court a plan for the	469
exercise of shared parenting by both parents. The plan for shared	470
parenting shall be filed with the petition for dissolution of	471
marriage, if the question of parental rights and responsibilities	472
for the care of the children arises out of an action for	473
dissolution of marriage, or, in other cases, at a time at least	474
thirty days prior to the hearing on the issue of the parental	475
rights and responsibilities for the care of the children. A plan	476
for shared parenting shall include provisions covering all factors	477
that are relevant to the care of the children, including, but not	478
limited to, provisions covering factors such as physical living	479
arrangements, child support obligations, provision for the	480
children's medical and dental care, school placement, and the	481
parent with which the children will be physically located during	482
legal holidays, school holidays, and other days of special	483
importance.	484

(H) If an appeal is taken from a decision of a court that	485
grants or modifies a decree allocating parental rights and	486
responsibilities for the care of children, the court of appeals	487
shall give the case calendar priority and handle it expeditiously.	488

(I)(1) Upon receipt of an order to active military service in	489
the uniformed services, a parent who is subject to an order	490
allocating parental rights and responsibilities or in relation to	491
whom an action to allocate parental rights and responsibilities is	492
pending and who is ordered to active military service shall notify	493
the other parent who is subject to the order or in relation to	494
whom the case is pending of the order to active military service	495
within three days of receiving the military service order. Either	496

(2) On receipt of the notice described in division (I)(1) of	497
this section, either parent may apply to the court for a hearing	498
to expedite an allocation or modification proceeding so that the	499
court can issue an order before the parent's active military	500
service begins. The application shall include the date on which	501
the active military service begins.	502

The court shall schedule a hearing upon receipt of the	503
application and hold the hearing not later than thirty days after	504
receipt of the application, except that the court shall give the	505
case calendar priority and handle the case expeditiously if	506
exigent circumstances exist in the case.	507

The court shall not modify a prior decree allocating parental	508
rights and responsibilities unless the court determines that there	509
has been a change in circumstances of the child, the child's	510
residential parent, or either of the parents subject to a shared	511
parenting decree, and that modification is necessary to serve the	512
best interest of the child. The court may considershall not find	513
past, present, or possible future active military service in the	514
uniformed services in determining whetherto constitute a change	515
in circumstances exists under this section and shalljustifying	516
modification of a prior decree pursuant to division (E) of this	517
section. The court shall make specific written findings of fact to	518
support any modification under this division.	519

Upon application by either parent, the court may modify a	520
prior decree allocating parental rights and responsibilities after	521
the parent's active military service has been terminated, hearing	522
testimony and making specific written findings of fact to support	523
the modification.	524

(3)(a) The court shall stay any proceeding pertaining to the	525
allocation or modification of parental rights and responsibilities	526
if a parent who is the subject of the allocation or modification	527
proceeding is unavailable due to active military service in the	528
uniformed services. The stay shall remain in effect until receipt	529
of written notice of the termination of the parent's active	530
military service pursuant to division (I)(3)(b) of this section.	531

Nothing in this division shall prevent a court from issuing a	532
temporary order allocating or modifying parental rights and	533
responsibilities for the duration of the parent's active military	534
service.	535

A temporary order shall specify that the parent's active	536
military service is the basis of the order and shall provide for	537
termination of the temporary order and resumption of the prior	538
order within ten days after receipt of notice pursuant to division	539
(I)(3)(b) of this section, unless the other parent demonstrates	540
that resumption of the prior order is not in the child's best	541
interest.	542

At the request of a parent who is called to active military	543
service in the uniformed services and who is a subject of a	544
proceeding pertaining to a temporary order for the allocation or	545
modification of parental rights and responsibilities, the court	546
shall permit the parent to participate in the proceeding and	547
present evidence by electronic means, including communication by	548
telephone, video, or internet.	549

(b) A parent who is called to active military service in the	550
uniformed services and who is a subject of a proceeding pertaining	551
to the allocation or modification of parental rights and	552
responsibilities shall provide written notice to the court and the	553
other parent of the date of termination of the parent's active	554
military service not later than thirty days after the date on	555
which the service ends.	556

(J) As used in this section:

557

(1) "Abused child" has the same meaning as in section	558
2151.031 of the Revised Code.	559

(2) "Active military service" means the performance of active	560
military duty by a member of the uniformed services for a period	561
of more than thirty days that prevents the member from exercising	562
the member's parental rights and responsibilities as a child's	563
residential parent and legal custodian.	564

(3) "Neglected child" has the same meaning as in section	565
2151.03 of the Revised Code.	566

(4) "Sexually oriented offense" has the same meaning as in	567
section 2950.01 of the Revised Code.	568

(5) "Uniformed services" means the Ohio organized militia,	569
the United States armed forces, army national guard and air	570
national guard when engaged in active duty for training, or the	571
commissioned corps of the United States public health service.	572

(K) As used in the Revised Code, "shared parenting" means	573
that the parents share, in the manner set forth in the plan for	574
shared parenting that is approved by the court under division	575
(D)(1) and described in division (L)(6) of this section, all or	576
some of the aspects of physical and legal care of their children.	577

(L) For purposes of the Revised Code:

578

(1) A parent who is granted the care, custody, and control of	579
a child under an order that was issued pursuant to this section	580
prior to April 11, 1991, and that does not provide for shared	581
parenting has "custody of the child" and "care, custody, and	582
control of the child" under the order, and is the "residential	583
parent," the "residential parent and legal custodian," or the	584
"custodial parent" of the child under the order.	585

(2) A parent who primarily is allocated the parental rights	586
and responsibilities for the care of a child and who is designated	587
as the residential parent and legal custodian of the child under	588
an order that is issued pursuant to this section on or after April	589
11, 1991, and that does not provide for shared parenting has	590
"custody of the child" and "care, custody, and control of the	591
child" under the order, and is the "residential parent," the	592
"residential parent and legal custodian," or the "custodial	593
parent" of the child under the order.	594

(3) A parent who is not granted custody of a child under an	595
order that was issued pursuant to this section prior to April 11,	596
1991, and that does not provide for shared parenting is the	597
"parent who is not the residential parent," the "parent who is not	598
the residential parent and legal custodian," or the "noncustodial	599
parent" of the child under the order.	600

(4) A parent who is not primarily allocated the parental	601
rights and responsibilities for the care of a child and who is not	602
designated as the residential parent and legal custodian of the	603
child under an order that is issued pursuant to this section on or	604
after April 11, 1991, and that does not provide for shared	605
parenting is the "parent who is not the residential parent," the	606
"parent who is not the residential parent and legal custodian," or	607
the "noncustodial parent" of the child under the order.	608

(5) Unless the context clearly requires otherwise, if an	609
order is issued by a court pursuant to this section and the order	610
provides for shared parenting of a child, both parents have	611
"custody of the child" or "care, custody, and control of the	612
child" under the order, to the extent and in the manner specified	613
in the order.	614

(6) Unless the context clearly requires otherwise and except	615
as otherwise provided in the order, if an order is issued by a	616
court pursuant to this section and the order provides for shared	617
parenting of a child, each parent, regardless of where the child	618
is physically located or with whom the child is residing at a	619
particular point in time, as specified in the order, is the	620
"residential parent," the "residential parent and legal	621
custodian," or the "custodial parent" of the child.	622

(7) Unless the context clearly requires otherwise and except	623
as otherwise provided in the order, a designation in the order of	624
a parent as the residential parent for the purpose of determining	625
the school the child attends, as the custodial parent for purposes	626
of claiming the child as a dependent pursuant to section 152(e) of	627
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	628
1, as amended, or as the residential parent for purposes of	629
receiving public assistance pursuant to division (A)(2) of this	630
section, does not affect the designation pursuant to division	631
(L)(6) of this section of each parent as the "residential parent,"	632
the "residential parent and legal custodian," or the "custodial	633
parent" of the child.	634

(M) The court shall require each parent of a child to file an	635
affidavit attesting as to whether the parent, and the members of	636
the parent's household, have been convicted of or pleaded guilty	637
to any of the offenses identified in divisions (C) and (F)(1)(h)	638
of this section.	639

Sec. 3109.051.  (A) If a divorce, dissolution, legal	640
separation, or annulment proceeding involves a child and if the	641
court has not issued a shared parenting decree, the court shall	642
consider any mediation report filed pursuant to section 3109.052	643
of the Revised Code and, in accordance with division (C) of this	644
section, shall make a just and reasonable order or decree	645
permitting each parent who is not the residential parent to have	646
parenting time with the child at the time and under the conditions	647
that the court directs, unless the court determines that it would	648
not be in the best interest of the child to permit that parent to	649
have parenting time with the child and includes in the journal its	650
findings of fact and conclusions of law. Whenever possible, the	651
order or decree permitting the parenting time shall ensure the	652
opportunity for both parents to have frequent and continuing	653
contact with the child, unless frequent and continuing contact by	654
either parent with the child would not be in the best interest of	655
the child. The court shall include in its final decree a specific	656
schedule of parenting time for that parent. Except as provided in	657
division (E)(6) of section 3113.31 of the Revised Code, if the	658
court, pursuant to this section, grants parenting time to a parent	659
or companionship or visitation rights to any other person with	660
respect to any child, it shall not require the public children	661
services agency to provide supervision of or other services	662
related to that parent's exercise of parenting time or that	663
person's exercise of companionship or visitation rights with	664
respect to the child. This section does not limit the power of a	665
juvenile court pursuant to Chapter 2151. of the Revised Code to	666
issue orders with respect to children who are alleged to be	667
abused, neglected, or dependent children or to make dispositions	668
of children who are adjudicated abused, neglected, or dependent	669
children or of a common pleas court to issue orders pursuant to	670
section 3113.31 of the Revised Code.	671

(B)(1) In a divorce, dissolution of marriage, legal	672
separation, annulment, or child support proceeding that involves a	673
child, the court may grant reasonable companionship or visitation	674
rights to any grandparent, any person related to the child by	675
consanguinity or affinity, or any other person other than a	676
parent, if all of the following apply:	677

(a) The grandparent, relative, or other person files a motion	678
with the court seeking companionship or visitation rights.	679

(b) The court determines that the grandparent, relative, or	680
other person has an interest in the welfare of the child.	681

(c) The court determines that the granting of the	682
companionship or visitation rights is in the best interest of the	683
child.	684

(2) A motion may be filed under division (B)(1) of this	685
section during the pendency of the divorce, dissolution of	686
marriage, legal separation, annulment, or child support proceeding	687
or, if a motion was not filed at that time or was filed at that	688
time and the circumstances in the case have changed, at any time	689
after a decree or final order is issued in the case.	690

(C) When determining whether to grant parenting time rights	691
to a parent pursuant to this section or section 3109.12 of the	692
Revised Code or to grant companionship or visitation rights to a	693
grandparent, relative, or other person pursuant to this section or	694
section 3109.11 or 3109.12 of the Revised Code, when establishing	695
a specific parenting time or visitation schedule, and when	696
determining other parenting time matters under this section or	697
section 3109.12 of the Revised Code or visitation matters under	698
this section or section 3109.11 or 3109.12 of the Revised Code,	699
the court shall consider any mediation report that is filed	700
pursuant to section 3109.052 of the Revised Code and shall	701
consider all other relevant factors, including, but not limited	702
to, all of the factors listed in division (D) of this section. In	703
considering the factors listed in division (D) of this section for	704
purposes of determining whether to grant parenting time or	705
visitation rights, establishing a specific parenting time or	706
visitation schedule, determining other parenting time matters	707
under this section or section 3109.12 of the Revised Code or	708
visitation matters under this section or under section 3109.11 or	709
3109.12 of the Revised Code, and resolving any issues related to	710
the making of any determination with respect to parenting time or	711
visitation rights or the establishment of any specific parenting	712
time or visitation schedule, the court, in its discretion, may	713
interview in chambers any or all involved children regarding their	714
wishes and concerns. If the court interviews any child concerning	715
the child's wishes and concerns regarding those parenting time or	716
visitation matters, the interview shall be conducted in chambers,	717
and no person other than the child, the child's attorney, the	718
judge, any necessary court personnel, and, in the judge's	719
discretion, the attorney of each parent shall be permitted to be	720
present in the chambers during the interview. No person shall	721
obtain or attempt to obtain from a child a written or recorded	722
statement or affidavit setting forth the wishes and concerns of	723
the child regarding those parenting time or visitation matters. A	724
court, in considering the factors listed in division (D) of this	725
section for purposes of determining whether to grant any parenting	726
time or visitation rights, establishing a parenting time or	727
visitation schedule, determining other parenting time matters	728
under this section or section 3109.12 of the Revised Code or	729
visitation matters under this section or under section 3109.11 or	730
3109.12 of the Revised Code, or resolving any issues related to	731
the making of any determination with respect to parenting time or	732
visitation rights or the establishment of any specific parenting	733
time or visitation schedule, shall not accept or consider a	734
written or recorded statement or affidavit that purports to set	735
forth the child's wishes or concerns regarding those parenting	736
time or visitation matters.	737

(D) In determining whether to grant parenting time to a	738
parent pursuant to this section or section 3109.12 of the Revised	739
Code or companionship or visitation rights to a grandparent,	740
relative, or other person pursuant to this section or section	741
3109.11 or 3109.12 of the Revised Code, in establishing a specific	742
parenting time or visitation schedule, and in determining other	743
parenting time matters under this section or section 3109.12 of	744
the Revised Code or visitation matters under this section or	745
section 3109.11 or 3109.12 of the Revised Code, the court shall	746
consider all of the following factors:	747

(1) The prior interaction and interrelationships of the child	748
with the child's parents, siblings, and other persons related by	749
consanguinity or affinity, and with the person who requested	750
companionship or visitation if that person is not a parent,	751
sibling, or relative of the child;	752

(2) The geographical location of the residence of each parent	753
and the distance between those residences, and if the person is	754
not a parent, the geographical location of that person's residence	755
and the distance between that person's residence and the child's	756
residence;	757

(3) The child's and parents' available time, including, but	758
not limited to, each parent's employment schedule, the child's	759
school schedule, and the child's and the parents' holiday and	760
vacation schedule;	761

(4) The age of the child;

762

(5) The child's adjustment to home, school, and community;

763

(6) If the court has interviewed the child in chambers,	764
pursuant to division (C) of this section, regarding the wishes and	765
concerns of the child as to parenting time by the parent who is	766
not the residential parent or companionship or visitation by the	767
grandparent, relative, or other person who requested companionship	768
or visitation, as to a specific parenting time or visitation	769
schedule, or as to other parenting time or visitation matters, the	770
wishes and concerns of the child, as expressed to the court;	771

(7) The health and safety of the child;

772

(8) The amount of time that will be available for the child	773
to spend with siblings;	774

(9) The mental and physical health of all parties;

775

(10) Each parent's willingness to reschedule missed parenting	776
time and to facilitate the other parent's parenting time rights,	777
and with respect to a person who requested companionship or	778
visitation, the willingness of that person to reschedule missed	779
visitation;	780

(11) In relation to parenting time, whether either parent	781
previously has been convicted of or pleaded guilty to any criminal	782
offense involving any act that resulted in a child being an abused	783
child or a neglected child; whether either parent, in a case in	784
which a child has been adjudicated an abused child or a neglected	785
child, previously has been determined to be the perpetrator of the	786
abusive or neglectful act that is the basis of the adjudication;	787
and whether there is reason to believe that either parent has	788
acted in a manner resulting in a child being an abused child or a	789
neglected child;	790

(12) In relation to requested companionship or visitation by	791
a person other than a parent, whether the person previously has	792
been convicted of or pleaded guilty to any criminal offense	793
involving any act that resulted in a child being an abused child	794
or a neglected child; whether the person, in a case in which a	795
child has been adjudicated an abused child or a neglected child,	796
previously has been determined to be the perpetrator of the	797
abusive or neglectful act that is the basis of the adjudication;	798
whether either parent previously has been convicted of or pleaded	799
guilty to a violation of section 2919.25 of the Revised Code	800
involving a victim who at the time of the commission of the	801
offense was a member of the family or household that is the	802
subject of the current proceeding; whether either parent	803
previously has been convicted of an offense involving a victim who	804
at the time of the commission of the offense was a member of the	805
family or household that is the subject of the current proceeding	806
and caused physical harm to the victim in the commission of the	807
offense; and whether there is reason to believe that the person	808
has acted in a manner resulting in a child being an abused child	809
or a neglected child;	810

(13) Whether the residential parent or one of the parents	811
subject to a shared parenting decree has continuously and	812
willfully denied the other parent's right to parenting time in	813
accordance with an order of the court;	814

(14) Whether either parent has established a residence or is	815
planning to establish a residence outside this state;	816

(15) In relation to requested companionship or visitation by	817
a person other than a parent, the wishes and concerns of the	818
child's parents, as expressed by them to the court;	819

(16) Any other factor in the best interest of the child.

820

(E) The remarriage of a residential parent of a child does	821
not affect the authority of a court under this section to grant	822
parenting time rights with respect to the child to the parent who	823
is not the residential parent or to grant reasonable companionship	824
or visitation rights with respect to the child to any grandparent,	825
any person related by consanguinity or affinity, or any other	826
person.	827

(F)(1) If the court, pursuant to division (A) of this	828
section, denies parenting time to a parent who is not the	829
residential parent or denies a motion for reasonable companionship	830
or visitation rights filed under division (B) of this section and	831
the parent or movant files a written request for findings of fact	832
and conclusions of law, the court shall state in writing its	833
findings of fact and conclusions of law in accordance with Civil	834
Rule 52.	835

(2) On or before July 1, 1991, each court of common pleas, by	836
rule, shall adopt standard parenting time guidelines. A court	837
shall have discretion to deviate from its standard parenting time	838
guidelines based upon factors set forth in division (D) of this	839
section.	840

(G)(1) If the residential parent intends to move to a	841
residence other than the residence specified in the parenting time	842
order or decree of the court, the parent shall file a notice of	843
intent to relocate with the court that issued the order or decree.	844
Except as provided in divisions (G)(2), (3), and (4) of this	845
section, the court shall send a copy of the notice to the parent	846
who is not the residential parent. Upon receipt of the notice, the	847
court, on its own motion or the motion of the parent who is not	848
the residential parent, may schedule a hearing with notice to both	849
parents to determine whether it is in the best interest of the	850
child to revise the parenting time schedule for the child.	851

(2) When a court grants parenting time rights to a parent who	852
is not the residential parent, the court shall determine whether	853
that parent has been convicted of or pleaded guilty to a violation	854
of section 2919.25 of the Revised Code involving a victim who at	855
the time of the commission of the offense was a member of the	856
family or household that is the subject of the proceeding, has	857
been convicted of or pleaded guilty to any other offense involving	858
a victim who at the time of the commission of the offense was a	859
member of the family or household that is the subject of the	860
proceeding and caused physical harm to the victim in the	861
commission of the offense, or has been determined to be the	862
perpetrator of the abusive act that is the basis of an	863
adjudication that a child is an abused child. If the court	864
determines that that parent has not been so convicted and has not	865
been determined to be the perpetrator of an abusive act that is	866
the basis of a child abuse adjudication, the court shall issue an	867
order stating that a copy of any notice of relocation that is	868
filed with the court pursuant to division (G)(1) of this section	869
will be sent to the parent who is given the parenting time rights	870
in accordance with division (G)(1) of this section.	871

If the court determines that the parent who is granted the	872
parenting time rights has been convicted of or pleaded guilty to a	873
violation of section 2919.25 of the Revised Code involving a	874
victim who at the time of the commission of the offense was a	875
member of the family or household that is the subject of the	876
proceeding, has been convicted of or pleaded guilty to any other	877
offense involving a victim who at the time of the commission of	878
the offense was a member of the family or household that is the	879
subject of the proceeding and caused physical harm to the victim	880
in the commission of the offense, or has been determined to be the	881
perpetrator of the abusive act that is the basis of an	882
adjudication that a child is an abused child, it shall issue an	883
order stating that that parent will not be given a copy of any	884
notice of relocation that is filed with the court pursuant to	885
division (G)(1) of this section unless the court determines that	886
it is in the best interest of the children to give that parent a	887
copy of the notice of relocation, issues an order stating that	888
that parent will be given a copy of any notice of relocation filed	889
pursuant to division (G)(1) of this section, and issues specific	890
written findings of fact in support of its determination.	891

(3) If a court, prior to April 11, 1991, issued an order	892
granting parenting time rights to a parent who is not the	893
residential parent and did not require the residential parent in	894
that order to give the parent who is granted the parenting time	895
rights notice of any change of address and if the residential	896
parent files a notice of relocation pursuant to division (G)(1) of	897
this section, the court shall determine if the parent who is	898
granted the parenting time rights has been convicted of or pleaded	899
guilty to a violation of section 2919.25 of the Revised Code	900
involving a victim who at the time of the commission of the	901
offense was a member of the family or household that is the	902
subject of the proceeding, has been convicted of or pleaded guilty	903
to any other offense involving a victim who at the time of the	904
commission of the offense was a member of the family or household	905
that is the subject of the proceeding and caused physical harm to	906
the victim in the commission of the offense, or has been	907
determined to be the perpetrator of the abusive act that is the	908
basis of an adjudication that a child is an abused child. If the	909
court determines that the parent who is granted the parenting time	910
rights has not been so convicted and has not been determined to be	911
the perpetrator of an abusive act that is the basis of a child	912
abuse adjudication, the court shall issue an order stating that a	913
copy of any notice of relocation that is filed with the court	914
pursuant to division (G)(1) of this section will be sent to the	915
parent who is granted parenting time rights in accordance with	916
division (G)(1) of this section.	917

If the court determines that the parent who is granted the	918
parenting time rights has been convicted of or pleaded guilty to a	919
violation of section 2919.25 of the Revised Code involving a	920
victim who at the time of the commission of the offense was a	921
member of the family or household that is the subject of the	922
proceeding, has been convicted of or pleaded guilty to any other	923
offense involving a victim who at the time of the commission of	924
the offense was a member of the family or household that is the	925
subject of the proceeding and caused physical harm to the victim	926
in the commission of the offense, or has been determined to be the	927
perpetrator of the abusive act that is the basis of an	928
adjudication that a child is an abused child, it shall issue an	929
order stating that that parent will not be given a copy of any	930
notice of relocation that is filed with the court pursuant to	931
division (G)(1) of this section unless the court determines that	932
it is in the best interest of the children to give that parent a	933
copy of the notice of relocation, issues an order stating that	934
that parent will be given a copy of any notice of relocation filed	935
pursuant to division (G)(1) of this section, and issues specific	936
written findings of fact in support of its determination.	937

(4) If a parent who is granted parenting time rights pursuant	938
to this section or any other section of the Revised Code is	939
authorized by an order issued pursuant to this section or any	940
other court order to receive a copy of any notice of relocation	941
that is filed pursuant to division (G)(1) of this section or	942
pursuant to court order, if the residential parent intends to move	943
to a residence other than the residence address specified in the	944
parenting time order, and if the residential parent does not want	945
the parent who is granted the parenting time rights to receive a	946
copy of the relocation notice because the parent with parenting	947
time rights has been convicted of or pleaded guilty to a violation	948
of section 2919.25 of the Revised Code involving a victim who at	949
the time of the commission of the offense was a member of the	950
family or household that is the subject of the proceeding, has	951
been convicted of or pleaded guilty to any other offense involving	952
a victim who at the time of the commission of the offense was a	953
member of the family or household that is the subject of the	954
proceeding and caused physical harm to the victim in the	955
commission of the offense, or has been determined to be the	956
perpetrator of the abusive act that is the basis of an	957
adjudication that a child is an abused child, the residential	958
parent may file a motion with the court requesting that the parent	959
who is granted the parenting time rights not receive a copy of any	960
notice of relocation. Upon the filing of the motion, the court	961
shall schedule a hearing on the motion and give both parents	962
notice of the date, time, and location of the hearing. If the	963
court determines that the parent who is granted the parenting time	964
rights has been so convicted or has been determined to be the	965
perpetrator of an abusive act that is the basis of a child abuse	966
adjudication, the court shall issue an order stating that the	967
parent who is granted the parenting time rights will not be given	968
a copy of any notice of relocation that is filed with the court	969
pursuant to division (G)(1) of this section or that the	970
residential parent is no longer required to give that parent a	971
copy of any notice of relocation unless the court determines that	972
it is in the best interest of the children to give that parent a	973
copy of the notice of relocation, issues an order stating that	974
that parent will be given a copy of any notice of relocation filed	975
pursuant to division (G)(1) of this section, and issues specific	976
written findings of fact in support of its determination. If it	977
does not so find, it shall dismiss the motion.	978

(H)(1) Subject to section 3125.16 and division (F) of section	979
3319.321 of the Revised Code, a parent of a child who is not the	980
residential parent of the child is entitled to access, under the	981
same terms and conditions under which access is provided to the	982
residential parent, to any record that is related to the child and	983
to which the residential parent of the child legally is provided	984
access, unless the court determines that it would not be in the	985
best interest of the child for the parent who is not the	986
residential parent to have access to the records under those same	987
terms and conditions. If the court determines that the parent of a	988
child who is not the residential parent should not have access to	989
records related to the child under the same terms and conditions	990
as provided for the residential parent, the court shall specify	991
the terms and conditions under which the parent who is not the	992
residential parent is to have access to those records, shall enter	993
its written findings of facts and opinion in the journal, and	994
shall issue an order containing the terms and conditions to both	995
the residential parent and the parent of the child who is not the	996
residential parent. The court shall include in every order issued	997
pursuant to this division notice that any keeper of a record who	998
knowingly fails to comply with the order or division (H) of this	999
section is in contempt of court.	1000

(2) Subject to section 3125.16 and division (F) of section	1001
3319.321 of the Revised Code, subsequent to the issuance of an	1002
order under division (H)(1) of this section, the keeper of any	1003
record that is related to a particular child and to which the	1004
residential parent legally is provided access shall permit the	1005
parent of the child who is not the residential parent to have	1006
access to the record under the same terms and conditions under	1007
which access is provided to the residential parent, unless the	1008
residential parent has presented the keeper of the record with a	1009
copy of an order issued under division (H)(1) of this section that	1010
limits the terms and conditions under which the parent who is not	1011
the residential parent is to have access to records pertaining to	1012
the child and the order pertains to the record in question. If the	1013
residential parent presents the keeper of the record with a copy	1014
of that type of order, the keeper of the record shall permit the	1015
parent who is not the residential parent to have access to the	1016
record only in accordance with the most recent order that has been	1017
issued pursuant to division (H)(1) of this section and presented	1018
to the keeper by the residential parent or the parent who is not	1019
the residential parent. Any keeper of any record who knowingly	1020
fails to comply with division (H) of this section or with any	1021
order issued pursuant to division (H)(1) of this section is in	1022
contempt of court.	1023

(3) The prosecuting attorney of any county may file a	1024
complaint with the court of common pleas of that county requesting	1025
the court to issue a protective order preventing the disclosure	1026
pursuant to division (H)(1) or (2) of this section of any	1027
confidential law enforcement investigatory record. The court shall	1028
schedule a hearing on the motion and give notice of the date,	1029
time, and location of the hearing to all parties.	1030

(I) A court that issues a parenting time order or decree	1031
pursuant to this section or section 3109.12 of the Revised Code	1032
shall determine whether the parent granted the right of parenting	1033
time is to be permitted access, in accordance with section	1034
5104.011 of the Revised Code, to any child day-care center that	1035
is, or that in the future may be, attended by the children with	1036
whom the right of parenting time is granted. Unless the court	1037
determines that the parent who is not the residential parent	1038
should not have access to the center to the same extent that the	1039
residential parent is granted access to the center, the parent who	1040
is not the residential parent and who is granted parenting time	1041
rights is entitled to access to the center to the same extent that	1042
the residential parent is granted access to the center. If the	1043
court determines that the parent who is not the residential parent	1044
should not have access to the center to the same extent that the	1045
residential parent is granted such access under division (C) of	1046
section 5104.011 of the Revised Code, the court shall specify the	1047
terms and conditions under which the parent who is not the	1048
residential parent is to have access to the center, provided that	1049
the access shall not be greater than the access that is provided	1050
to the residential parent under division (C) of section 5104.011	1051
of the Revised Code, the court shall enter its written findings of	1052
fact and opinions in the journal, and the court shall include the	1053
terms and conditions of access in the parenting time order or	1054
decree.	1055

(J)(1) Subject to division (F) of section 3319.321 of the	1056
Revised Code, when a court issues an order or decree allocating	1057
parental rights and responsibilities for the care of a child, the	1058
parent of the child who is not the residential parent of the child	1059
is entitled to access, under the same terms and conditions under	1060
which access is provided to the residential parent, to any student	1061
activity that is related to the child and to which the residential	1062
parent of the child legally is provided access, unless the court	1063
determines that it would not be in the best interest of the child	1064
to grant the parent who is not the residential parent access to	1065
the student activities under those same terms and conditions. If	1066
the court determines that the parent of the child who is not the	1067
residential parent should not have access to any student activity	1068
that is related to the child under the same terms and conditions	1069
as provided for the residential parent, the court shall specify	1070
the terms and conditions under which the parent who is not the	1071
residential parent is to have access to those student activities,	1072
shall enter its written findings of facts and opinion in the	1073
journal, and shall issue an order containing the terms and	1074
conditions to both the residential parent and the parent of the	1075
child who is not the residential parent. The court shall include	1076
in every order issued pursuant to this division notice that any	1077
school official or employee who knowingly fails to comply with the	1078
order or division (J) of this section is in contempt of court.	1079

(2) Subject to division (F) of section 3319.321 of the	1080
Revised Code, subsequent to the issuance of an order under	1081
division (J)(1) of this section, all school officials and	1082
employees shall permit the parent of the child who is not the	1083
residential parent to have access to any student activity under	1084
the same terms and conditions under which access is provided to	1085
the residential parent of the child, unless the residential parent	1086
has presented the school official or employee, the board of	1087
education of the school, or the governing body of the chartered	1088
nonpublic school with a copy of an order issued under division	1089
(J)(1) of this section that limits the terms and conditions under	1090
which the parent who is not the residential parent is to have	1091
access to student activities related to the child and the order	1092
pertains to the student activity in question. If the residential	1093
parent presents the school official or employee, the board of	1094
education of the school, or the governing body of the chartered	1095
nonpublic school with a copy of that type of order, the school	1096
official or employee shall permit the parent who is not the	1097
residential parent to have access to the student activity only in	1098
accordance with the most recent order that has been issued	1099
pursuant to division (J)(1) of this section and presented to the	1100
school official or employee, the board of education of the school,	1101
or the governing body of the chartered nonpublic school by the	1102
residential parent or the parent who is not the residential	1103
parent. Any school official or employee who knowingly fails to	1104
comply with division (J) of this section or with any order issued	1105
pursuant to division (J)(1) of this section is in contempt of	1106
court.	1107

(K) If any person is found in contempt of court for failing	1108
to comply with or interfering with any order or decree granting	1109
parenting time rights issued pursuant to this section or section	1110
3109.12 of the Revised Code or companionship or visitation rights	1111
issued pursuant to this section, section 3109.11 or 3109.12 of the	1112
Revised Code, or any other provision of the Revised Code, the	1113
court that makes the finding, in addition to any other penalty or	1114
remedy imposed, shall assess all court costs arising out of the	1115
contempt proceeding against the person and require the person to	1116
pay any reasonable attorney's fees of any adverse party, as	1117
determined by the court, that arose in relation to the act of	1118
contempt, and may award reasonable compensatory parenting time or	1119
visitation to the person whose right of parenting time or	1120
visitation was affected by the failure or interference if such	1121
compensatory parenting time or visitation is in the best interest	1122
of the child. Any compensatory parenting time or visitation	1123
awarded under this division shall be included in an order issued	1124
by the court and, to the extent possible, shall be governed by the	1125
same terms and conditions as was the parenting time or visitation	1126
that was affected by the failure or interference.	1127

(L) Any parent who requests reasonable parenting time rights	1128
with respect to a child under this section or section 3109.12 of	1129
the Revised Code or any person who requests reasonable	1130
companionship or visitation rights with respect to a child under	1131
this section, section 3109.11 or 3109.12 of the Revised Code, or	1132
any other provision of the Revised Code may file a motion with the	1133
court requesting that it waive all or any part of the costs that	1134
may accrue in the proceedings. If the court determines that the	1135
movant is indigent and that the waiver is in the best interest of	1136
the child, the court, in its discretion, may waive payment of all	1137
or any part of the costs of those proceedings.	1138

(M)(1) A parent who receives an order to active military	1139
service in the uniformed services and who is subject to a	1140
parenting time order may apply to the court for any of the	1141
following temporary orders for the period extending from the date	1142
of the parent's departure to the date of return:	1143

(a) An order delegating all or part of the parent's parenting	1144
time with the child to another person if the delegation is in the	1145
child's best interest;	1146

(b) An order that the other parent make the child reasonably	1147
available for parenting time with the parent when the parent is on	1148
leave from active military service;	1149

(c) An order that the other parent facilitate contact,	1150
including telephone and electronic contact, between the parent and	1151
child while the parent is on active military service.	1152

(2) The court shall schedule a hearing upon receipt of an	1153
application under division (M)(1) of this section and hold the	1154
hearing not later than thirty days after its receipt, except that	1155
the court shall give the case calendar priority and handle the	1156
case expeditiously if exigent circumstances exist in the case.	1157

(3) At the request of a parent who is called to active	1158
military service in the uniformed services and who is a subject of	1159
a proceeding pertaining to a parenting time order or pertaining to	1160
a request for companionship rights or visitation with a child, the	1161
court shall permit the parent to participate in the proceeding and	1162
present evidence by electronic means, including communication by	1163
telephone, video, or internet.	1164

(N) The juvenile court has exclusive jurisdiction to enter	1165
the orders in any case certified to it from another court.	1166

(N)(O) As used in this section:

1167

(1) "Abused child" has the same meaning as in section	1168
2151.031 of the Revised Code, and "neglected child" has the same	1169
meaning as in section 2151.03 of the Revised Code.	1170

(2) "Active military service" means the performance of active	1171
military duty by a member of the uniformed services for a period	1172
of more than thirty days that prevents the member from exercising	1173
the member's parenting time pursuant to a parenting time order.	1174

(3) "Confidential law enforcement investigatory record" has	1175
the same meaning as in section 149.43 of the Revised Code.	1176

(4) "Parenting time order" means an order establishing the	1177
amount of time that a child spends with the parent who is not the	1178
residential parent or the amount of time that the child is to be	1179
in the physical custody of a parent under a shared parenting	1180
order.	1181

(5) "Record" means any record, document, file, or other	1182
material that contains information directly related to a child,	1183
including, but not limited to, any of the following:	1184

(a) Records maintained by public and nonpublic schools;

1185

(b) Records maintained by facilities that provide child care,	1186
as defined in section 5104.01 of the Revised Code, publicly funded	1187
child care, as defined in section 5104.01 of the Revised Code, or	1188
pre-school services operated by or under the supervision of a	1189
school district board of education or a nonpublic school;	1190

(c) Records maintained by hospitals, other facilities, or	1191
persons providing medical or surgical care or treatment for the	1192
child;	1193

(d) Records maintained by agencies, departments,	1194
instrumentalities, or other entities of the state or any political	1195
subdivision of the state, other than a child support enforcement	1196
agency. Access to records maintained by a child support	1197
enforcement agency is governed by section 3125.16 of the Revised	1198
Code.	1199

(3) "Confidential law enforcement investigatory record" has	1200
the same meaning as in section 149.43 of the Revised Code.	1201

(6) "Uniformed services" has the same meaning as in section	1202
3109.04 of the Revised Code.	1203

Section 2.  That existing sections 3109.04 and 3109.051 of	1204
the Revised Code are hereby repealed.	1205