As Reported by the Senate State and Local Government and Veterans Affairs Committee

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 121

Representative Rosenberger 

Cosponsors: Representatives Gonzales, O'Brien, Mecklenborg, Beck, Pillich, Johnson, Thompson, Bubp, Martin, Slaby, Fende, Fedor, Yuko, Adams, R., Amstutz, Anielski, Baker, Balderson, Barnes, Blair, Blessing, Boose, Brenner, Buchy, Budish, Burke, Butler, Carey, Carney, Celeste, Clyde, Coley, Combs, Damschroder, DeGeeter, Derickson, Dovilla, Driehaus, Duffey, Foley, Gardner, Garland, Gentile, Gerberry, Goodwin, Goyal, Grossman, Hackett, Hagan, C., Hall, Hayes, Heard, Henne, Hottinger, Huffman, Kozlowski, Landis, Letson, Luckie, Lundy, Maag, Mallory, McClain, McGregor, McKenney, Milkovich, Murray, Newbold, Okey, Patmon, Peterson, Phillips, Reece, Roegner, Ruhl, Schuring, Sears, Sprague, Stautberg, Stinziano, Sykes, Szollosi, Uecker, Wachtmann, Weddington, Williams, Winburn, Young Speaker Batchelder 

Senators Tavares, Turner, Daniels 

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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 and

3

to declare an emergency.

4

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

Section 1.  That sections 3109.04 and 3109.051 of the Revised	5
Code be amended to read as follows:	6

Sec. 3109.04.  (A) In any divorce, legal separation, or	7
annulment proceeding and in any proceeding pertaining to the	8
allocation of parental rights and responsibilities for the care of	9
a child, upon hearing the testimony of either or both parents and	10
considering any mediation report filed pursuant to section	11
3109.052 of the Revised Code and in accordance with sections	12
3127.01 to 3127.53 of the Revised Code, the court shall allocate	13
the parental rights and responsibilities for the care of the minor	14
children of the marriage. Subject to division (D)(2) of this	15
section, the court may allocate the parental rights and	16
responsibilities for the care of the children in either of the	17
following ways:	18

(1) If neither parent files a pleading or motion in	19
accordance with division (G) of this section, if at least one	20
parent files a pleading or motion under that division but no	21
parent who filed a pleading or motion under that division also	22
files a plan for shared parenting, or if at least one parent files	23
both a pleading or motion and a shared parenting plan under that	24
division but no plan for shared parenting is in the best interest	25
of the children, the court, in a manner consistent with the best	26
interest of the children, shall allocate the parental rights and	27
responsibilities for the care of the children primarily to one of	28
the parents, designate that parent as the residential parent and	29
the legal custodian of the child, and divide between the parents	30
the other rights and responsibilities for the care of the	31
children, including, but not limited to, the responsibility to	32
provide support for the children and the right of the parent who	33
is not the residential parent to have continuing contact with the	34
children.	35

(2) If at least one parent files a pleading or motion in	36
accordance with division (G) of this section and a plan for shared	37
parenting pursuant to that division and if a plan for shared	38
parenting is in the best interest of the children and is approved	39
by the court in accordance with division (D)(1) of this section,	40
the court may allocate the parental rights and responsibilities	41
for the care of the children to both parents and issue a shared	42
parenting order requiring the parents to share all or some of the	43
aspects of the physical and legal care of the children in	44
accordance with the approved plan for shared parenting. If the	45
court issues a shared parenting order under this division and it	46
is necessary for the purpose of receiving public assistance, the	47
court shall designate which one of the parents' residences is to	48
serve as the child's home. The child support obligations of the	49
parents under a shared parenting order issued under this division	50
shall be determined in accordance with Chapters 3119., 3121.,	51
3123., and 3125. of the Revised Code.	52

(B)(1) When making the allocation of the parental rights and	53
responsibilities for the care of the children under this section	54
in an original proceeding or in any proceeding for modification of	55
a prior order of the court making the allocation, the court shall	56
take into account that which would be in the best interest of the	57
children. In determining the child's best interest for purposes of	58
making its allocation of the parental rights and responsibilities	59
for the care of the child and for purposes of resolving any issues	60
related to the making of that allocation, the court, in its	61
discretion, may and, upon the request of either party, shall	62
interview in chambers any or all of the involved children	63
regarding their wishes and concerns with respect to the	64
allocation.	65

(2) If the court interviews any child pursuant to division	66
(B)(1) of this section, all of the following apply:	67

(a) The court, in its discretion, may and, upon the motion of	68
either parent, shall appoint a guardian ad litem for the child.	69

(b) The court first shall determine the reasoning ability of	70
the child. If the court determines that the child does not have	71
sufficient reasoning ability to express the child's wishes and	72
concern with respect to the allocation of parental rights and	73
responsibilities for the care of the child, it shall not determine	74
the child's wishes and concerns with respect to the allocation. If	75
the court determines that the child has sufficient reasoning	76
ability to express the child's wishes or concerns with respect to	77
the allocation, it then shall determine whether, because of	78
special circumstances, it would not be in the best interest of the	79
child to determine the child's wishes and concerns with respect to	80
the allocation. If the court determines that, because of special	81
circumstances, it would not be in the best interest of the child	82
to determine the child's wishes and concerns with respect to the	83
allocation, it shall not determine the child's wishes and concerns	84
with respect to the allocation and shall enter its written	85
findings of fact and opinion in the journal. If the court	86
determines that it would be in the best interests of the child to	87
determine the child's wishes and concerns with respect to the	88
allocation, it shall proceed to make that determination.	89

(c) The interview shall be conducted in chambers, and no	90
person other than the child, the child's attorney, the judge, any	91
necessary court personnel, and, in the judge's discretion, the	92
attorney of each parent shall be permitted to be present in the	93
chambers during the interview.	94

(3) No person shall obtain or attempt to obtain from a child	95
a written or recorded statement or affidavit setting forth the	96
child's wishes and concerns regarding the allocation of parental	97
rights and responsibilities concerning the child. No court, in	98
determining the child's best interest for purposes of making its	99
allocation of the parental rights and responsibilities for the	100
care of the child or for purposes of resolving any issues related	101
to the making of that allocation, shall accept or consider a	102
written or recorded statement or affidavit that purports to set	103
forth the child's wishes and concerns regarding those matters.	104

(C) Prior to trial, the court may cause an investigation to	105
be made as to the character, family relations, past conduct,	106
earning ability, and financial worth of each parent and may order	107
the parents and their minor children to submit to medical,	108
psychological, and psychiatric examinations. The report of the	109
investigation and examinations shall be made available to either	110
parent or the parent's counsel of record not less than five days	111
before trial, upon written request. The report shall be signed by	112
the investigator, and the investigator shall be subject to	113
cross-examination by either parent concerning the contents of the	114
report. The court may tax as costs all or any part of the expenses	115
for each investigation.	116

If the court determines that either parent previously has	117
been convicted of or pleaded guilty to any criminal offense	118
involving any act that resulted in a child being a neglected	119
child, that either parent previously has been determined to be the	120
perpetrator of the neglectful act that is the basis of an	121
adjudication that a child is a neglected child, or that there is	122
reason to believe that either parent has acted in a manner	123
resulting in a child being a neglected child, the court shall	124
consider that fact against naming that parent the residential	125
parent and against granting a shared parenting decree. When the	126
court allocates parental rights and responsibilities for the care	127
of children or determines whether to grant shared parenting in any	128
proceeding, it shall consider whether either parent or any member	129
of the household of either parent has been convicted of or pleaded	130
guilty to a violation of section 2919.25 of the Revised Code or a	131
sexually oriented offense involving a victim who at the time of	132
the commission of the offense was a member of the family or	133
household that is the subject of the proceeding, has been	134
convicted of or pleaded guilty to any sexually oriented offense or	135
other offense involving a victim who at the time of the commission	136
of the offense was a member of the family or household that is the	137
subject of the proceeding and caused physical harm to the victim	138
in the commission of the offense, or has been determined to be the	139
perpetrator of the abusive act that is the basis of an	140
adjudication that a child is an abused child. If the court	141
determines that either parent has been convicted of or pleaded	142
guilty to a violation of section 2919.25 of the Revised Code or a	143
sexually oriented offense involving a victim who at the time of	144
the commission of the offense was a member of the family or	145
household that is the subject of the proceeding, has been	146
convicted of or pleaded guilty to any sexually oriented offense or	147
other offense involving a victim who at the time of the commission	148
of the offense was a member of the family or household that is the	149
subject of the proceeding and caused physical harm to the victim	150
in the commission of the offense, or has been determined to be the	151
perpetrator of the abusive act that is the basis of an	152
adjudication that a child is an abused child, it may designate	153
that parent as the residential parent and may issue a shared	154
parenting decree or order only if it determines that it is in the	155
best interest of the child to name that parent the residential	156
parent or to issue a shared parenting decree or order and it makes	157
specific written findings of fact to support its determination.	158

(D)(1)(a) Upon the filing of a pleading or motion by either	159
parent or both parents, in accordance with division (G) of this	160
section, requesting shared parenting and the filing of a shared	161
parenting plan in accordance with that division, the court shall	162
comply with division (D)(1)(a)(i), (ii), or (iii) of this section,	163
whichever is applicable:	164

(i) If both parents jointly make the request in their	165
pleadings or jointly file the motion and also jointly file the	166
plan, the court shall review the parents' plan to determine if it	167
is in the best interest of the children. If the court determines	168
that the plan is in the best interest of the children, the court	169
shall approve it. If the court determines that the plan or any	170
part of the plan is not in the best interest of the children, the	171
court shall require the parents to make appropriate changes to the	172
plan to meet the court's objections to it. If changes to the plan	173
are made to meet the court's objections, and if the new plan is in	174
the best interest of the children, the court shall approve the	175
plan. If changes to the plan are not made to meet the court's	176
objections, or if the parents attempt to make changes to the plan	177
to meet the court's objections, but the court determines that the	178
new plan or any part of the new plan still is not in the best	179
interest of the children, the court may reject the portion of the	180
parents' pleadings or deny their motion requesting shared	181
parenting of the children and proceed as if the request in the	182
pleadings or the motion had not been made. The court shall not	183
approve a plan under this division unless it determines that the	184
plan is in the best interest of the children.	185

(ii) If each parent makes a request in the parent's pleadings	186
or files a motion and each also files a separate plan, the court	187
shall review each plan filed to determine if either is in the best	188
interest of the children. If the court determines that one of the	189
filed plans is in the best interest of the children, the court may	190
approve the plan. If the court determines that neither filed plan	191
is in the best interest of the children, the court may order each	192
parent to submit appropriate changes to the parent's plan or both	193
of the filed plans to meet the court's objections, or may select	194
one of the filed plans and order each parent to submit appropriate	195
changes to the selected plan to meet the court's objections. If	196
changes to the plan or plans are submitted to meet the court's	197
objections, and if any of the filed plans with the changes is in	198
the best interest of the children, the court may approve the plan	199
with the changes. If changes to the plan or plans are not	200
submitted to meet the court's objections, or if the parents submit	201
changes to the plan or plans to meet the court's objections but	202
the court determines that none of the filed plans with the	203
submitted changes is in the best interest of the children, the	204
court may reject the portion of the parents' pleadings or deny	205
their motions requesting shared parenting of the children and	206
proceed as if the requests in the pleadings or the motions had not	207
been made. If the court approves a plan under this division,	208
either as originally filed or with submitted changes, or if the	209
court rejects the portion of the parents' pleadings or denies	210
their motions requesting shared parenting under this division and	211
proceeds as if the requests in the pleadings or the motions had	212
not been made, the court shall enter in the record of the case	213
findings of fact and conclusions of law as to the reasons for the	214
approval or the rejection or denial. Division (D)(1)(b) of this	215
section applies in relation to the approval or disapproval of a	216
plan under this division.	217

(iii) If each parent makes a request in the parent's	218
pleadings or files a motion but only one parent files a plan, or	219
if only one parent makes a request in the parent's pleadings or	220
files a motion and also files a plan, the court in the best	221
interest of the children may order the other parent to file a plan	222
for shared parenting in accordance with division (G) of this	223
section. The court shall review each plan filed to determine if	224
any plan is in the best interest of the children. If the court	225
determines that one of the filed plans is in the best interest of	226
the children, the court may approve the plan. If the court	227
determines that no filed plan is in the best interest of the	228
children, the court may order each parent to submit appropriate	229
changes to the parent's plan or both of the filed plans to meet	230
the court's objections or may select one filed plan and order each	231
parent to submit appropriate changes to the selected plan to meet	232
the court's objections. If changes to the plan or plans are	233
submitted to meet the court's objections, and if any of the filed	234
plans with the changes is in the best interest of the children,	235
the court may approve the plan with the changes. If changes to the	236
plan or plans are not submitted to meet the court's objections, or	237
if the parents submit changes to the plan or plans to meet the	238
court's objections but the court determines that none of the filed	239
plans with the submitted changes is in the best interest of the	240
children, the court may reject the portion of the parents'	241
pleadings or deny the parents' motion or reject the portion of the	242
parents' pleadings or deny their motions requesting shared	243
parenting of the children and proceed as if the request or	244
requests or the motion or motions had not been made. If the court	245
approves a plan under this division, either as originally filed or	246
with submitted changes, or if the court rejects the portion of the	247
pleadings or denies the motion or motions requesting shared	248
parenting under this division and proceeds as if the request or	249
requests or the motion or motions had not been made, the court	250
shall enter in the record of the case findings of fact and	251
conclusions of law as to the reasons for the approval or the	252
rejection or denial. Division (D)(1)(b) of this section applies in	253
relation to the approval or disapproval of a plan under this	254
division.	255

(b) The approval of a plan under division (D)(1)(a)(ii) or	256
(iii) of this section is discretionary with the court. The court	257
shall not approve more than one plan under either division and	258
shall not approve a plan under either division unless it	259
determines that the plan is in the best interest of the children.	260
If the court, under either division, does not determine that any	261
filed plan or any filed plan with submitted changes is in the best	262
interest of the children, the court shall not approve any plan.	263

(c) Whenever possible, the court shall require that a shared	264
parenting plan approved under division (D)(1)(a)(i), (ii), or	265
(iii) of this section ensure the opportunity for both parents to	266
have frequent and continuing contact with the child, unless	267
frequent and continuing contact with any parent would not be in	268
the best interest of the child.	269

(d) If a court approves a shared parenting plan under	270
division (D)(1)(a)(i), (ii), or (iii) of this section, the	271
approved plan shall be incorporated into a final shared parenting	272
decree granting the parents the shared parenting of the children.	273
Any final shared parenting decree shall be issued at the same time	274
as and shall be appended to the final decree of dissolution,	275
divorce, annulment, or legal separation arising out of the action	276
out of which the question of the allocation of parental rights and	277
responsibilities for the care of the children arose.	278

No provisional shared parenting decree shall be issued in	279
relation to any shared parenting plan approved under division	280
(D)(1)(a)(i), (ii), or (iii) of this section. A final shared	281
parenting decree issued under this division has immediate effect	282
as a final decree on the date of its issuance, subject to	283
modification or termination as authorized by this section.	284

(2) If the court finds, with respect to any child under	285
eighteen years of age, that it is in the best interest of the	286
child for neither parent to be designated the residential parent	287
and legal custodian of the child, it may commit the child to a	288
relative of the child or certify a copy of its findings, together	289
with as much of the record and the further information, in	290
narrative form or otherwise, that it considers necessary or as the	291
juvenile court requests, to the juvenile court for further	292
proceedings, and, upon the certification, the juvenile court has	293
exclusive jurisdiction.	294

(E)(1)(a) The court shall not modify a prior decree	295
allocating parental rights and responsibilities for the care of	296
children unless it finds, based on facts that have arisen since	297
the prior decree or that were unknown to the court at the time of	298
the prior decree, that a change has occurred in the circumstances	299
of the child, the child's residential parent, or either of the	300
parents subject to a shared parenting decree, and that the	301
modification is necessary to serve the best interest of the child.	302
In applying these standards, the court shall retain the	303
residential parent designated by the prior decree or the prior	304
shared parenting decree, unless a modification is in the best	305
interest of the child and one of the following applies:	306

(i) The residential parent agrees to a change in the	307
residential parent or both parents under a shared parenting decree	308
agree to a change in the designation of residential parent.	309

(ii) The child, with the consent of the residential parent or	310
of both parents under a shared parenting decree, has been	311
integrated into the family of the person seeking to become the	312
residential parent.	313

(iii) The harm likely to be caused by a change of environment	314
is outweighed by the advantages of the change of environment to	315
the child.	316

(b) One or both of the parents under a prior decree	317
allocating parental rights and responsibilities for the care of	318
children that is not a shared parenting decree may file a motion	319
requesting that the prior decree be modified to give both parents	320
shared rights and responsibilities for the care of the children.	321
The motion shall include both a request for modification of the	322
prior decree and a request for a shared parenting order that	323
complies with division (G) of this section. Upon the filing of the	324
motion, if the court determines that a modification of the prior	325
decree is authorized under division (E)(1)(a) of this section, the	326
court may modify the prior decree to grant a shared parenting	327
order, provided that the court shall not modify the prior decree	328
to grant a shared parenting order unless the court complies with	329
divisions (A) and (D)(1) of this section and, in accordance with	330
those divisions, approves the submitted shared parenting plan and	331
determines that shared parenting would be in the best interest of	332
the children.	333

(2) In addition to a modification authorized under division	334
(E)(1) of this section:	335

(a) Both parents under a shared parenting decree jointly may	336
modify the terms of the plan for shared parenting approved by the	337
court and incorporated by it into the shared parenting decree.	338
Modifications under this division may be made at any time. The	339
modifications to the plan shall be filed jointly by both parents	340
with the court, and the court shall include them in the plan,	341
unless they are not in the best interest of the children. If the	342
modifications are not in the best interests of the children, the	343
court, in its discretion, may reject the modifications or make	344
modifications to the proposed modifications or the plan that are	345
in the best interest of the children. Modifications jointly	346
submitted by both parents under a shared parenting decree shall be	347
effective, either as originally filed or as modified by the court,	348
upon their inclusion by the court in the plan. Modifications to	349
the plan made by the court shall be effective upon their inclusion	350
by the court in the plan.	351

(b) The court may modify the terms of the plan for shared	352
parenting approved by the court and incorporated by it into the	353
shared parenting decree upon its own motion at any time if the	354
court determines that the modifications are in the best interest	355
of the children or upon the request of one or both of the parents	356
under the decree. Modifications under this division may be made at	357
any time. The court shall not make any modification to the plan	358
under this division, unless the modification is in the best	359
interest of the children.	360

(c) The court may terminate a prior final shared parenting	361
decree that includes a shared parenting plan approved under	362
division (D)(1)(a)(i) of this section upon the request of one or	363
both of the parents or whenever it determines that shared	364
parenting is not in the best interest of the children. The court	365
may terminate a prior final shared parenting decree that includes	366
a shared parenting plan approved under division (D)(1)(a)(ii) or	367
(iii) of this section if it determines, upon its own motion or	368
upon the request of one or both parents, that shared parenting is	369
not in the best interest of the children. If modification of the	370
terms of the plan for shared parenting approved by the court and	371
incorporated by it into the final shared parenting decree is	372
attempted under division (E)(2)(a) of this section and the court	373
rejects the modifications, it may terminate the final shared	374
parenting decree if it determines that shared parenting is not in	375
the best interest of the children.	376

(d) Upon the termination of a prior final shared parenting	377
decree under division (E)(2)(c) of this section, the court shall	378
proceed and issue a modified decree for the allocation of parental	379
rights and responsibilities for the care of the children under the	380
standards applicable under divisions (A), (B), and (C) of this	381
section as if no decree for shared parenting had been granted and	382
as if no request for shared parenting ever had been made.	383

(F)(1) In determining the best interest of a child pursuant	384
to this section, whether on an original decree allocating parental	385
rights and responsibilities for the care of children or a	386
modification of a decree allocating those rights and	387
responsibilities, the court shall consider all relevant factors,	388
including, but not limited to:	389

(a) The wishes of the child's parents regarding the child's	390
care;	391

(b) If the court has interviewed the child in chambers	392
pursuant to division (B) of this section regarding the child's	393
wishes and concerns as to the allocation of parental rights and	394
responsibilities concerning the child, the wishes and concerns of	395
the child, as expressed to the court;	396

(c) The child's interaction and interrelationship with the	397
child's parents, siblings, and any other person who may	398
significantly affect the child's best interest;	399

(d) The child's adjustment to the child's home, school, and	400
community;	401

(e) The mental and physical health of all persons involved in	402
the situation;	403

(f) The parent more likely to honor and facilitate	404
court-approved parenting time rights or visitation and	405
companionship rights;	406

(g) Whether either parent has failed to make all child	407
support payments, including all arrearages, that are required of	408
that parent pursuant to a child support order under which that	409
parent is an obligor;	410

(h) Whether either parent or any member of the household of	411
either parent previously has been convicted of or pleaded guilty	412
to any criminal offense involving any act that resulted in a child	413
being an abused child or a neglected child; whether either parent,	414
in a case in which a child has been adjudicated an abused child or	415
a neglected child, previously has been determined to be the	416
perpetrator of the abusive or neglectful act that is the basis of	417
an adjudication; whether either parent or any member of the	418
household of either parent previously has been convicted of or	419
pleaded guilty to a violation of section 2919.25 of the Revised	420
Code or a sexually oriented offense involving a victim who at the	421
time of the commission of the offense was a member of the family	422
or household that is the subject of the current proceeding;	423
whether either parent or any member of the household of either	424
parent previously has been convicted of or pleaded guilty to any	425
offense involving a victim who at the time of the commission of	426
the offense was a member of the family or household that is the	427
subject of the current proceeding and caused physical harm to the	428
victim in the commission of the offense; and whether there is	429
reason to believe that either parent has acted in a manner	430
resulting in a child being an abused child or a neglected child;	431

(i) Whether the residential parent or one of the parents	432
subject to a shared parenting decree has continuously and	433
willfully denied the other parent's right to parenting time in	434
accordance with an order of the court;	435

(j) Whether either parent has established a residence, or is	436
planning to establish a residence, outside this state.	437

(2) In determining whether shared parenting is in the best	438
interest of the children, the court shall consider all relevant	439
factors, including, but not limited to, the factors enumerated in	440
division (F)(1) of this section, the factors enumerated in section	441
3119.23 of the Revised Code, and all of the following factors:	442

(a) The ability of the parents to cooperate and make	443
decisions jointly, with respect to the children;	444

(b) The ability of each parent to encourage the sharing of	445
love, affection, and contact between the child and the other	446
parent;	447

(c) Any history of, or potential for, child abuse, spouse	448
abuse, other domestic violence, or parental kidnapping by either	449
parent;	450

(d) The geographic proximity of the parents to each other, as	451
the proximity relates to the practical considerations of shared	452
parenting;	453

(e) The recommendation of the guardian ad litem of the child,	454
if the child has a guardian ad litem.	455

(3) When allocating parental rights and responsibilities for	456
the care of children, the court shall not give preference to a	457
parent because of that parent's financial status or condition.	458

(G) Either parent or both parents of any children may file a	459
pleading or motion with the court requesting the court to grant	460
both parents shared parental rights and responsibilities for the	461
care of the children in a proceeding held pursuant to division (A)	462
of this section. If a pleading or motion requesting shared	463
parenting is filed, the parent or parents filing the pleading or	464
motion also shall file with the court a plan for the exercise of	465
shared parenting by both parents. If each parent files a pleading	466
or motion requesting shared parenting but only one parent files a	467
plan or if only one parent files a pleading or motion requesting	468
shared parenting and also files a plan, the other parent as	469
ordered by the court shall file with the court a plan for the	470
exercise of shared parenting by both parents. The plan for shared	471
parenting shall be filed with the petition for dissolution of	472
marriage, if the question of parental rights and responsibilities	473
for the care of the children arises out of an action for	474
dissolution of marriage, or, in other cases, at a time at least	475
thirty days prior to the hearing on the issue of the parental	476
rights and responsibilities for the care of the children. A plan	477
for shared parenting shall include provisions covering all factors	478
that are relevant to the care of the children, including, but not	479
limited to, provisions covering factors such as physical living	480
arrangements, child support obligations, provision for the	481
children's medical and dental care, school placement, and the	482
parent with which the children will be physically located during	483
legal holidays, school holidays, and other days of special	484
importance.	485

(H) If an appeal is taken from a decision of a court that	486
grants or modifies a decree allocating parental rights and	487
responsibilities for the care of children, the court of appeals	488
shall give the case calendar priority and handle it expeditiously.	489

(I)(1) Upon receipt of an order tofor active military	490
service in the uniformed services, a parent who is subject to an	491
order allocating parental rights and responsibilities or in	492
relation to whom an action to allocate parental rights and	493
responsibilities is pending and who is ordered tofor active	494
military service shall notify the other parent who is subject to	495
the order or in relation to whom the case is pending of the order	496
tofor active military service within three days of receiving the	497
military service order. Either	498

(2) On receipt of the notice described in division (I)(1) of	499
this section, either parent may apply to the court for a hearing	500
to expedite an allocation or modification proceeding so that the	501
court can issue an order before the parent's active military	502
service begins. The application shall include the date on which	503
the active military service begins.	504

The court shall schedule a hearing upon receipt of the	505
application and hold the hearing not later than thirty days after	506
receipt of the application, except that the court shall give the	507
case calendar priority and handle the case expeditiously if	508
exigent circumstances exist in the case.	509

The court shall not modify a prior decree allocating parental	510
rights and responsibilities unless the court determines that there	511
has been a change in circumstances of the child, the child's	512
residential parent, or either of the parents subject to a shared	513
parenting decree, and that modification is necessary to serve the	514
best interest of the child. The court may considershall not find	515
past, present, or possible future active military service in the	516
uniformed services in determining whetherto constitute a change	517
in circumstances exists under this section and shalljustifying	518
modification of a prior decree pursuant to division (E) of this	519
section. The court shall make specific written findings of fact to	520
support any modification under this division.	521

Upon application by either parent, the court may modify a	522
prior decree allocating parental rights and responsibilities after	523
the parent's active military service has been terminated, hearing	524
testimony and making specific written findings of fact to support	525
the modification.	526

(3) Nothing in this division (I) of this section shall	527
prevent a court from issuing a temporary order allocating or	528
modifying parental rights and responsibilities for the duration of	529
the parent's active military service. A temporary order shall	530
specify whether the parent's active military service is the basis	531
of the order and shall provide for termination of the temporary	532
order and resumption of the prior order within ten days after	533
receipt of notice pursuant to division (I)(5) of this section,	534
unless the other parent demonstrates that resumption of the prior	535
order is not in the child's best interest.	536

(4) At the request of a parent who is ordered for active	537
military service in the uniformed services and who is a subject of	538
a proceeding pertaining to a temporary order for the allocation or	539
modification of parental rights and responsibilities, the court	540
shall permit the parent to participate in the proceeding and	541
present evidence by electronic means, including communication by	542
telephone, video, or internet to the extent permitted by the rules	543
of the supreme court of Ohio.	544

(5) A parent who is ordered for active military service in	545
the uniformed services and who is a subject of a proceeding	546
pertaining to the allocation or modification of parental rights	547
and responsibilities shall provide written notice to the court,	548
child support enforcement agency, and the other parent of the date	549
of termination of the parent's active military service not later	550
than thirty days after the date on which the service ends.	551

(J) As used in this section:

552

(1) "Abused child" has the same meaning as in section	553
2151.031 of the Revised Code.	554

(2) "Active military service" means the performance of active	555
military dutyservice by a member of the uniformed services for a	556
period of more than thirty daysin compliance with military orders	557
to report for combat operations, contingency operations,	558
peacekeeping operations, a remote tour of duty, or other active	559
service for which the member is required to report unaccompanied	560
by any family member, including any period of illness, recovery	561
from injury, leave, or other lawful absence during that operation,	562
duty, or service.	563

(3) "Neglected child" has the same meaning as in section	564
2151.03 of the Revised Code.	565

(4) "Sexually oriented offense" has the same meaning as in	566
section 2950.01 of the Revised Code.	567

(5) "Uniformed services" means the United States armed	568
forces, the army national guard, and the air national guard when	569
engaged in active duty for trainingor any reserve component	570
thereof, or the commissioned corps of the United States public	571
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 for 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 a relative or to another person who has a	1145
close and substantial relationship with the child if the	1146
delegation is in the child's best interest;	1147

(b) An order that the other parent make the child reasonably	1148
available for parenting time with the parent when the parent is on	1149
leave from active military service;	1150

(c) An order that the other parent facilitate contact,	1151
including telephone and electronic contact, between the parent and	1152
child while the parent is on active military service.	1153

(2)(a) Upon receipt of an order for active military service,	1154
a parent who is subject to a parenting time order and seeks an	1155
order under division (M)(1) of this section shall notify the other	1156
parent who is subject to the parenting time order and apply to the	1157
court as soon as reasonably possible after receipt of the order	1158
for active military service. The application shall include the	1159
date on which the active military service begins.	1160

(b) The court shall schedule a hearing upon receipt of an	1161
application under division (M) of this section and hold the	1162
hearing not later than thirty days after its receipt, except that	1163
the court shall give the case calendar priority and handle the	1164
case expeditiously if exigent circumstances exist in the case. No	1165
hearing shall be required if both parents agree to the terms of	1166
the requested temporary order and the court determines that the	1167
order is in the child's best interest.	1168

(c) In determining whether a delegation under division	1169
(M)(1)(a) of this section is in the child's best interest, the	1170
court shall consider all relevant factors, including the factors	1171
set forth in division (D) of this section.	1172

(d) An order delegating all or part of the parent's parenting	1173
time pursuant to division (M)(1)(a) of this section does not	1174
create standing on behalf of the person to whom parenting time is	1175
delegated to assert visitation or companionship rights independent	1176
of the order.	1177

(3) At the request of a parent who is ordered for active	1178
military service in the uniformed services and who is a subject of	1179
a proceeding pertaining to a parenting time order or pertaining to	1180
a request for companionship rights or visitation with a child, the	1181
court shall permit the parent to participate in the proceeding and	1182
present evidence by electronic means, including communication by	1183
telephone, video, or internet to the extent permitted by rules of	1184
the supreme court of Ohio.	1185

(N) The juvenile court has exclusive jurisdiction to enter	1186
the orders in any case certified to it from another court.	1187

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

1188

(1) "Abused child" has the same meaning as in section	1189
2151.031 of the Revised Code, and "neglected child" has the same	1190
meaning as in section 2151.03 of the Revised Code.	1191

(2) "Active military service" and "uniformed services" have	1192
the same meanings as in section 3109.04 of the Revised Code.	1193

(3) "Confidential law enforcement investigatory record" has	1194
the same meaning as in section 149.43 of the Revised Code.	1195

(4) "Parenting time order" means an order establishing the	1196
amount of time that a child spends with the parent who is not the	1197
residential parent or the amount of time that the child is to be	1198
physically located with a parent under a shared parenting order.	1199

(5) "Record" means any record, document, file, or other	1200
material that contains information directly related to a child,	1201
including, but not limited to, any of the following:	1202

(a) Records maintained by public and nonpublic schools;

1203

(b) Records maintained by facilities that provide child care,	1204
as defined in section 5104.01 of the Revised Code, publicly funded	1205
child care, as defined in section 5104.01 of the Revised Code, or	1206
pre-school services operated by or under the supervision of a	1207
school district board of education or a nonpublic school;	1208

(c) Records maintained by hospitals, other facilities, or	1209
persons providing medical or surgical care or treatment for the	1210
child;	1211

(d) Records maintained by agencies, departments,	1212
instrumentalities, or other entities of the state or any political	1213
subdivision of the state, other than a child support enforcement	1214
agency. Access to records maintained by a child support	1215
enforcement agency is governed by section 3125.16 of the Revised	1216
Code.	1217

(3) "Confidential law enforcement investigatory record" has	1218
the same meaning as in section 149.43 of the Revised Code.	1219

Section 2.  That existing sections 3109.04 and 3109.051 of	1220
the Revised Code are hereby repealed.	1221

Section 3. This act is hereby declared to be an emergency	1222
measure necessary for the immediate preservation of the public	1223
peace, health, and safety. The reason for such necessity is that a	1224
number of members of the Ohio National Guard face imminent	1225
deployment, and this act is essential to protect their parental	1226
rights. Therefore, this act shall go into immediate effect.	1227

Section 4. The General Assembly urges the Supreme Court of	1228
Ohio to promulgate any changes to its rules necessary to implement	1229
this act before the act's effective date.	1230