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Sub. H. B. No. 121 As Enrolled
(129th General Assembly)
(Substitute House Bill Number 121)
AN ACT
To amend sections 3109.04 and 3109.051 of the Revised
Code regarding child custody and visitation rights
of parents called to active military service and
to declare an emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 3109.04 and 3109.051 of the Revised
Code be amended to read as follows:
Sec. 3109.04. (A) In any divorce, legal separation, or
annulment proceeding and in any proceeding pertaining to the
allocation of parental rights and responsibilities for the care of
a child, upon hearing the testimony of either or both parents and
considering any mediation report filed pursuant to section
3109.052 of the Revised Code and in accordance with sections
3127.01 to 3127.53 of the Revised Code, the court shall allocate
the parental rights and responsibilities for the care of the minor
children of the marriage. Subject to division (D)(2) of this
section, the court may allocate the parental rights and
responsibilities for the care of the children in either of the
following ways:
(1) If neither parent files a pleading or motion in
accordance with division (G) of this section, if at least one
parent files a pleading or motion under that division but no
parent who filed a pleading or motion under that division also
files a plan for shared parenting, or if at least one parent files
both a pleading or motion and a shared parenting plan under that
division but no plan for shared parenting is in the best interest
of the children, the court, in a manner consistent with the best
interest of the children, shall allocate the parental rights and
responsibilities for the care of the children primarily to one of
the parents, designate that parent as the residential parent and
the legal custodian of the child, and divide between the parents
the other rights and responsibilities for the care of the
children, including, but not limited to, the responsibility to
provide support for the children and the right of the parent who
is not the residential parent to have continuing contact with the
children.
(2) If at least one parent files a pleading or motion in
accordance with division (G) of this section and a plan for shared
parenting pursuant to that division and if a plan for shared
parenting is in the best interest of the children and is approved
by the court in accordance with division (D)(1) of this section,
the court may allocate the parental rights and responsibilities
for the care of the children to both parents and issue a shared
parenting order requiring the parents to share all or some of the
aspects of the physical and legal care of the children in
accordance with the approved plan for shared parenting. If the
court issues a shared parenting order under this division and it
is necessary for the purpose of receiving public assistance, the
court shall designate which one of the parents' residences is to
serve as the child's home. The child support obligations of the
parents under a shared parenting order issued under this division
shall be determined in accordance with Chapters 3119., 3121.,
3123., and 3125. of the Revised Code.
(B)(1) When making the allocation of the parental rights and
responsibilities for the care of the children under this section
in an original proceeding or in any proceeding for modification of
a prior order of the court making the allocation, the court shall
take into account that which would be in the best interest of the
children. In determining the child's best interest for purposes of
making its allocation of the parental rights and responsibilities
for the care of the child and for purposes of resolving any issues
related to the making of that allocation, the court, in its
discretion, may and, upon the request of either party, shall
interview in chambers any or all of the involved children
regarding their wishes and concerns with respect to the
allocation.
(2) If the court interviews any child pursuant to division
(B)(1) of this section, all of the following apply:
(a) The court, in its discretion, may and, upon the motion of
either parent, shall appoint a guardian ad litem for the child.
(b) The court first shall determine the reasoning ability of
the child. If the court determines that the child does not have
sufficient reasoning ability to express the child's wishes and
concern with respect to the allocation of parental rights and
responsibilities for the care of the child, it shall not determine
the child's wishes and concerns with respect to the allocation. If
the court determines that the child has sufficient reasoning
ability to express the child's wishes or concerns with respect to
the allocation, it then shall determine whether, because of
special circumstances, it would not be in the best interest of the
child to determine the child's wishes and concerns with respect to
the allocation. If the court determines that, because of special
circumstances, it would not be in the best interest of the child
to determine the child's wishes and concerns with respect to the
allocation, it shall not determine the child's wishes and concerns
with respect to the allocation and shall enter its written
findings of fact and opinion in the journal. If the court
determines that it would be in the best interests of the child to
determine the child's wishes and concerns with respect to the
allocation, it shall proceed to make that determination.
(c) The interview shall be conducted in chambers, and no
person other than the child, the child's attorney, the judge, any
necessary court personnel, and, in the judge's discretion, the
attorney of each parent shall be permitted to be present in the
chambers during the interview.
(3) No person shall obtain or attempt to obtain from a child
a written or recorded statement or affidavit setting forth the
child's wishes and concerns regarding the allocation of parental
rights and responsibilities concerning the child. No court, in
determining the child's best interest for purposes of making its
allocation of the parental rights and responsibilities for the
care of the child or for purposes of resolving any issues related
to the making of that allocation, shall accept or consider a
written or recorded statement or affidavit that purports to set
forth the child's wishes and concerns regarding those matters.
(C) Prior to trial, the court may cause an investigation to
be made as to the character, family relations, past conduct,
earning ability, and financial worth of each parent and may order
the parents and their minor children to submit to medical,
psychological, and psychiatric examinations. The report of the
investigation and examinations shall be made available to either
parent or the parent's counsel of record not less than five days
before trial, upon written request. The report shall be signed by
the investigator, and the investigator shall be subject to
cross-examination by either parent concerning the contents of the
report. The court may tax as costs all or any part of the expenses
for each investigation.
If the court determines that either parent previously has
been convicted of or pleaded guilty to any criminal offense
involving any act that resulted in a child being a neglected
child, that either parent previously has been determined to be the
perpetrator of the neglectful act that is the basis of an
adjudication that a child is a neglected child, or that there is
reason to believe that either parent has acted in a manner
resulting in a child being a neglected child, the court shall
consider that fact against naming that parent the residential
parent and against granting a shared parenting decree. When the
court allocates parental rights and responsibilities for the care
of children or determines whether to grant shared parenting in any
proceeding, it shall consider whether either parent or any member
of the household of either parent has been convicted of or pleaded
guilty to a violation of section 2919.25 of the Revised Code or a
sexually oriented offense involving a victim who at the time of
the commission of the offense was a member of the family or
household that is the subject of the proceeding, has been
convicted of or pleaded guilty to any sexually oriented offense or
other offense involving a victim who at the time of the commission
of the offense was a member of the family or household that is the
subject of the proceeding and caused physical harm to the victim
in the commission of the offense, or has been determined to be the
perpetrator of the abusive act that is the basis of an
adjudication that a child is an abused child. If the court
determines that either parent has been convicted of or pleaded
guilty to a violation of section 2919.25 of the Revised Code or a
sexually oriented offense involving a victim who at the time of
the commission of the offense was a member of the family or
household that is the subject of the proceeding, has been
convicted of or pleaded guilty to any sexually oriented offense or
other offense involving a victim who at the time of the commission
of the offense was a member of the family or household that is the
subject of the proceeding and caused physical harm to the victim
in the commission of the offense, or has been determined to be the
perpetrator of the abusive act that is the basis of an
adjudication that a child is an abused child, it may designate
that parent as the residential parent and may issue a shared
parenting decree or order only if it determines that it is in the
best interest of the child to name that parent the residential
parent or to issue a shared parenting decree or order and it makes
specific written findings of fact to support its determination.
(D)(1)(a) Upon the filing of a pleading or motion by either
parent or both parents, in accordance with division (G) of this
section, requesting shared parenting and the filing of a shared
parenting plan in accordance with that division, the court shall
comply with division (D)(1)(a)(i), (ii), or (iii) of this section,
whichever is applicable:
(i) If both parents jointly make the request in their
pleadings or jointly file the motion and also jointly file the
plan, the court shall review the parents' plan to determine if it
is in the best interest of the children. If the court determines
that the plan is in the best interest of the children, the court
shall approve it. If the court determines that the plan or any
part of the plan is not in the best interest of the children, the
court shall require the parents to make appropriate changes to the
plan to meet the court's objections to it. If changes to the plan
are made to meet the court's objections, and if the new plan is in
the best interest of the children, the court shall approve the
plan. If changes to the plan are not made to meet the court's
objections, or if the parents attempt to make changes to the plan
to meet the court's objections, but the court determines that the
new plan or any part of the new plan still is not in the best
interest of the children, the court may reject the portion of the
parents' pleadings or deny their motion requesting shared
parenting of the children and proceed as if the request in the
pleadings or the motion had not been made. The court shall not
approve a plan under this division unless it determines that the
plan is in the best interest of the children.
(ii) If each parent makes a request in the parent's pleadings
or files a motion and each also files a separate plan, the court
shall review each plan filed to determine if either is in the best
interest of the children. If the court determines that one of the
filed plans is in the best interest of the children, the court may
approve the plan. If the court determines that neither filed plan
is in the best interest of the children, the court may order each
parent to submit appropriate changes to the parent's plan or both
of the filed plans to meet the court's objections, or may select
one of the filed plans and order each parent to submit appropriate
changes to the selected plan to meet the court's objections. If
changes to the plan or plans are submitted to meet the court's
objections, and if any of the filed plans with the changes is in
the best interest of the children, the court may approve the plan
with the changes. If changes to the plan or plans are not
submitted to meet the court's objections, or if the parents submit
changes to the plan or plans to meet the court's objections but
the court determines that none of the filed plans with the
submitted changes is in the best interest of the children, the
court may reject the portion of the parents' pleadings or deny
their motions requesting shared parenting of the children and
proceed as if the requests in the pleadings or the motions had not
been made. If the court approves a plan under this division,
either as originally filed or with submitted changes, or if the
court rejects the portion of the parents' pleadings or denies
their motions requesting shared parenting under this division and
proceeds as if the requests in the pleadings or the motions had
not been made, the court shall enter in the record of the case
findings of fact and conclusions of law as to the reasons for the
approval or the rejection or denial. Division (D)(1)(b) of this
section applies in relation to the approval or disapproval of a
plan under this division.
(iii) If each parent makes a request in the parent's
pleadings or files a motion but only one parent files a plan, or
if only one parent makes a request in the parent's pleadings or
files a motion and also files a plan, the court in the best
interest of the children may order the other parent to file a plan
for shared parenting in accordance with division (G) of this
section. The court shall review each plan filed to determine if
any plan is in the best interest of the children. If the court
determines that one of the filed plans is in the best interest of
the children, the court may approve the plan. If the court
determines that no filed plan is in the best interest of the
children, the court may order each parent to submit appropriate
changes to the parent's plan or both of the filed plans to meet
the court's objections or may select one filed plan and order each
parent to submit appropriate changes to the selected plan to meet
the court's objections. If changes to the plan or plans are
submitted to meet the court's objections, and if any of the filed
plans with the changes is in the best interest of the children,
the court may approve the plan with the changes. If changes to the
plan or plans are not submitted to meet the court's objections, or
if the parents submit changes to the plan or plans to meet the
court's objections but the court determines that none of the filed
plans with the submitted changes is in the best interest of the
children, the court may reject the portion of the parents'
pleadings or deny the parents' motion or reject the portion of the
parents' pleadings or deny their motions requesting shared
parenting of the children and proceed as if the request or
requests or the motion or motions had not been made. If the court
approves a plan under this division, either as originally filed or
with submitted changes, or if the court rejects the portion of the
pleadings or denies the motion or motions requesting shared
parenting under this division and proceeds as if the request or
requests or the motion or motions had not been made, the court
shall enter in the record of the case findings of fact and
conclusions of law as to the reasons for the approval or the
rejection or denial. Division (D)(1)(b) of this section applies in
relation to the approval or disapproval of a plan under this
division.
(b) The approval of a plan under division (D)(1)(a)(ii) or
(iii) of this section is discretionary with the court. The court
shall not approve more than one plan under either division and
shall not approve a plan under either division unless it
determines that the plan is in the best interest of the children.
If the court, under either division, does not determine that any
filed plan or any filed plan with submitted changes is in the best
interest of the children, the court shall not approve any plan.
(c) Whenever possible, the court shall require that a shared
parenting plan approved under division (D)(1)(a)(i), (ii), or
(iii) of this section ensure the opportunity for both parents to
have frequent and continuing contact with the child, unless
frequent and continuing contact with any parent would not be in
the best interest of the child.
(d) If a court approves a shared parenting plan under
division (D)(1)(a)(i), (ii), or (iii) of this section, the
approved plan shall be incorporated into a final shared parenting
decree granting the parents the shared parenting of the children.
Any final shared parenting decree shall be issued at the same time
as and shall be appended to the final decree of dissolution,
divorce, annulment, or legal separation arising out of the action
out of which the question of the allocation of parental rights and
responsibilities for the care of the children arose.
No provisional shared parenting decree shall be issued in
relation to any shared parenting plan approved under division
(D)(1)(a)(i), (ii), or (iii) of this section. A final shared
parenting decree issued under this division has immediate effect
as a final decree on the date of its issuance, subject to
modification or termination as authorized by this section.
(2) If the court finds, with respect to any child under
eighteen years of age, that it is in the best interest of the
child for neither parent to be designated the residential parent
and legal custodian of the child, it may commit the child to a
relative of the child or certify a copy of its findings, together
with as much of the record and the further information, in
narrative form or otherwise, that it considers necessary or as the
juvenile court requests, to the juvenile court for further
proceedings, and, upon the certification, the juvenile court has
exclusive jurisdiction.
(E)(1)(a) The court shall not modify a prior decree
allocating parental rights and responsibilities for the care of
children unless it finds, based on facts that have arisen since
the prior decree or that were unknown to the court at the time of
the prior decree, that a change has occurred in the circumstances
of the child, the child's residential parent, or either of the
parents subject to a shared parenting decree, and that the
modification is necessary to serve the best interest of the child.
In applying these standards, the court shall retain the
residential parent designated by the prior decree or the prior
shared parenting decree, unless a modification is in the best
interest of the child and one of the following applies:
(i) The residential parent agrees to a change in the
residential parent or both parents under a shared parenting decree
agree to a change in the designation of residential parent.
(ii) The child, with the consent of the residential parent or
of both parents under a shared parenting decree, has been
integrated into the family of the person seeking to become the
residential parent.
(iii) The harm likely to be caused by a change of environment
is outweighed by the advantages of the change of environment to
the child.
(b) One or both of the parents under a prior decree
allocating parental rights and responsibilities for the care of
children that is not a shared parenting decree may file a motion
requesting that the prior decree be modified to give both parents
shared rights and responsibilities for the care of the children.
The motion shall include both a request for modification of the
prior decree and a request for a shared parenting order that
complies with division (G) of this section. Upon the filing of the
motion, if the court determines that a modification of the prior
decree is authorized under division (E)(1)(a) of this section, the
court may modify the prior decree to grant a shared parenting
order, provided that the court shall not modify the prior decree
to grant a shared parenting order unless the court complies with
divisions (A) and (D)(1) of this section and, in accordance with
those divisions, approves the submitted shared parenting plan and
determines that shared parenting would be in the best interest of
the children.
(2) In addition to a modification authorized under division
(E)(1) of this section:
(a) Both parents under a shared parenting decree jointly may
modify the terms of the plan for shared parenting approved by the
court and incorporated by it into the shared parenting decree.
Modifications under this division may be made at any time. The
modifications to the plan shall be filed jointly by both parents
with the court, and the court shall include them in the plan,
unless they are not in the best interest of the children. If the
modifications are not in the best interests of the children, the
court, in its discretion, may reject the modifications or make
modifications to the proposed modifications or the plan that are
in the best interest of the children. Modifications jointly
submitted by both parents under a shared parenting decree shall be
effective, either as originally filed or as modified by the court,
upon their inclusion by the court in the plan. Modifications to
the plan made by the court shall be effective upon their inclusion
by the court in the plan.
(b) The court may modify the terms of the plan for shared
parenting approved by the court and incorporated by it into the
shared parenting decree upon its own motion at any time if the
court determines that the modifications are in the best interest
of the children or upon the request of one or both of the parents
under the decree. Modifications under this division may be made at
any time. The court shall not make any modification to the plan
under this division, unless the modification is in the best
interest of the children.
(c) The court may terminate a prior final shared parenting
decree that includes a shared parenting plan approved under
division (D)(1)(a)(i) of this section upon the request of one or
both of the parents or whenever it determines that shared
parenting is not in the best interest of the children. The court
may terminate a prior final shared parenting decree that includes
a shared parenting plan approved under division (D)(1)(a)(ii) or
(iii) of this section if it determines, upon its own motion or
upon the request of one or both parents, that shared parenting is
not in the best interest of the children. If modification of the
terms of the plan for shared parenting approved by the court and
incorporated by it into the final shared parenting decree is
attempted under division (E)(2)(a) of this section and the court
rejects the modifications, it may terminate the final shared
parenting decree if it determines that shared parenting is not in
the best interest of the children.
(d) Upon the termination of a prior final shared parenting
decree under division (E)(2)(c) of this section, the court shall
proceed and issue a modified decree for the allocation of parental
rights and responsibilities for the care of the children under the
standards applicable under divisions (A), (B), and (C) of this
section as if no decree for shared parenting had been granted and
as if no request for shared parenting ever had been made.
(F)(1) In determining the best interest of a child pursuant
to this section, whether on an original decree allocating parental
rights and responsibilities for the care of children or a
modification of a decree allocating those rights and
responsibilities, the court shall consider all relevant factors,
including, but not limited to:
(a) The wishes of the child's parents regarding the child's
care;
(b) If the court has interviewed the child in chambers
pursuant to division (B) of this section regarding the child's
wishes and concerns as to the allocation of parental rights and
responsibilities concerning the child, the wishes and concerns of
the child, as expressed to the court;
(c) The child's interaction and interrelationship with the
child's parents, siblings, and any other person who may
significantly affect the child's best interest;
(d) The child's adjustment to the child's home, school, and
community;
(e) The mental and physical health of all persons involved in
the situation;
(f) The parent more likely to honor and facilitate
court-approved parenting time rights or visitation and
companionship rights;
(g) Whether either parent has failed to make all child
support payments, including all arrearages, that are required of
that parent pursuant to a child support order under which that
parent is an obligor;
(h) Whether either parent or any member of the household of
either parent previously has been convicted of or pleaded guilty
to any criminal offense involving any act that resulted in a child
being an abused child or a neglected child; whether either parent,
in a case in which a child has been adjudicated an abused child or
a neglected child, previously has been determined to be the
perpetrator of the abusive or neglectful act that is the basis of
an adjudication; whether either parent or any member of the
household of either parent previously has been convicted of or
pleaded guilty to a violation of section 2919.25 of the Revised
Code or a sexually oriented offense involving a victim who at the
time of the commission of the offense was a member of the family
or household that is the subject of the current proceeding;
whether either parent or any member of the household of either
parent previously has been convicted of or pleaded guilty to any
offense involving a victim who at the time of the commission of
the offense was a member of the family or household that is the
subject of the current proceeding and caused physical harm to the
victim in the commission of the offense; and whether there is
reason to believe that either parent has acted in a manner
resulting in a child being an abused child or a neglected child;
(i) Whether the residential parent or one of the parents
subject to a shared parenting decree has continuously and
willfully denied the other parent's right to parenting time in
accordance with an order of the court;
(j) Whether either parent has established a residence, or is
planning to establish a residence, outside this state.
(2) In determining whether shared parenting is in the best
interest of the children, the court shall consider all relevant
factors, including, but not limited to, the factors enumerated in
division (F)(1) of this section, the factors enumerated in section
3119.23 of the Revised Code, and all of the following factors:
(a) The ability of the parents to cooperate and make
decisions jointly, with respect to the children;
(b) The ability of each parent to encourage the sharing of
love, affection, and contact between the child and the other
parent;
(c) Any history of, or potential for, child abuse, spouse
abuse, other domestic violence, or parental kidnapping by either
parent;
(d) The geographic proximity of the parents to each other, as
the proximity relates to the practical considerations of shared
parenting;
(e) The recommendation of the guardian ad litem of the child,
if the child has a guardian ad litem.
(3) When allocating parental rights and responsibilities for
the care of children, the court shall not give preference to a
parent because of that parent's financial status or condition.
(G) Either parent or both parents of any children may file a
pleading or motion with the court requesting the court to grant
both parents shared parental rights and responsibilities for the
care of the children in a proceeding held pursuant to division (A)
of this section. If a pleading or motion requesting shared
parenting is filed, the parent or parents filing the pleading or
motion also shall file with the court a plan for the exercise of
shared parenting by both parents. If each parent files a pleading
or motion requesting shared parenting but only one parent files a
plan or if only one parent files a pleading or motion requesting
shared parenting and also files a plan, the other parent as
ordered by the court shall file with the court a plan for the
exercise of shared parenting by both parents. The plan for shared
parenting shall be filed with the petition for dissolution of
marriage, if the question of parental rights and responsibilities
for the care of the children arises out of an action for
dissolution of marriage, or, in other cases, at a time at least
thirty days prior to the hearing on the issue of the parental
rights and responsibilities for the care of the children. A plan
for shared parenting shall include provisions covering all factors
that are relevant to the care of the children, including, but not
limited to, provisions covering factors such as physical living
arrangements, child support obligations, provision for the
children's medical and dental care, school placement, and the
parent with which the children will be physically located during
legal holidays, school holidays, and other days of special
importance.
(H) If an appeal is taken from a decision of a court that
grants or modifies a decree allocating parental rights and
responsibilities for the care of children, the court of appeals
shall give the case calendar priority and handle it expeditiously.
(I)(1) Upon receipt of an order to for active military
service in the uniformed services, a parent who is subject to an
order allocating parental rights and responsibilities or in
relation to whom an action to allocate parental rights and
responsibilities is pending and who is ordered to for active
military service shall notify the other parent who is subject to
the order or in relation to whom the case is pending of the order
to for active military service within three days of receiving the
military service order.
Either
(2) On receipt of the notice described in division (I)(1) of
this section, either parent may apply to the court for a hearing
to expedite an allocation or modification proceeding so that the
court can issue an order before the parent's active military
service begins. The application shall include the date on which
the active military service begins.
The court shall schedule a hearing upon receipt of the
application and hold the hearing not later than thirty days after
receipt of the application, except that the court shall give the
case calendar priority and handle the case expeditiously if
exigent circumstances exist in the case.
The court shall not modify a prior decree allocating parental
rights and responsibilities unless the court determines that there
has been a change in circumstances of the child, the child's
residential parent, or either of the parents subject to a shared
parenting decree, and that modification is necessary to serve the
best interest of the child. The court may consider shall not find
past, present, or possible future active military service in the
uniformed services in determining whether to constitute a change
in circumstances exists under this section and shall justifying
modification of a prior decree pursuant to division (E) of this
section. The court shall make specific written findings of fact to
support any modification under this division.
Upon application by either parent, the court may modify a
prior decree allocating parental rights and responsibilities after
the parent's active military service has been terminated, hearing
testimony and making specific written findings of fact to support
the modification.
(3) Nothing in this division (I) of this section shall
prevent a court from issuing a temporary order allocating or
modifying parental rights and responsibilities for the duration of
the parent's active military service. A temporary order shall
specify whether the parent's active military service is the basis
of the order and shall provide for termination of the temporary
order and resumption of the prior order within ten days after
receipt of notice pursuant to division (I)(5) of this section,
unless the other parent demonstrates that resumption of the prior
order is not in the child's best interest.
(4) At the request of a parent who is ordered for active
military service in the uniformed services and who is a subject of
a proceeding pertaining to a temporary order for the allocation or
modification of parental rights and responsibilities, the court
shall permit the parent to participate in the proceeding and
present evidence by electronic means, including communication by
telephone, video, or internet to the extent permitted by the rules
of the supreme court of Ohio.
(5) A parent who is ordered for active military service in
the uniformed services and who is a subject of a proceeding
pertaining to the allocation or modification of parental rights
and responsibilities shall provide written notice to the court,
child support enforcement agency, and the other parent of the date
of termination of the parent's active military service not later
than thirty days after the date on which the service ends.
(J) As used in this section:
(1) "Abused child" has the same meaning as in section
2151.031 of the Revised Code.
(2) "Active military service" means the performance of active
military duty service by a member of the uniformed services for a
period of more than thirty days in compliance with military orders
to report for combat operations, contingency operations,
peacekeeping operations, a remote tour of duty, or other active
service for which the member is required to report unaccompanied
by any family member, including any period of illness, recovery
from injury, leave, or other lawful absence during that operation,
duty, or service.
(3) "Neglected child" has the same meaning as in section
2151.03 of the Revised Code.
(4) "Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.
(5) "Uniformed services" means the United States armed
forces, the army national guard, and the air national guard when
engaged in active duty for training or any reserve component
thereof, or the commissioned corps of the United States public
health service.
(K) As used in the Revised Code, "shared parenting" means
that the parents share, in the manner set forth in the plan for
shared parenting that is approved by the court under division
(D)(1) and described in division (L)(6) of this section, all or
some of the aspects of physical and legal care of their children.
(L) For purposes of the Revised Code:
(1) A parent who is granted the care, custody, and control of
a child under an order that was issued pursuant to this section
prior to April 11, 1991, and that does not provide for shared
parenting has "custody of the child" and "care, custody, and
control of the child" under the order, and is the "residential
parent," the "residential parent and legal custodian," or the
"custodial parent" of the child under the order.
(2) A parent who primarily is allocated the parental rights
and responsibilities for the care of a child and who is designated
as the residential parent and legal custodian of the child under
an order that is issued pursuant to this section on or after April
11, 1991, and that does not provide for shared parenting has
"custody of the child" and "care, custody, and control of the
child" under the order, and is the "residential parent," the
"residential parent and legal custodian," or the "custodial
parent" of the child under the order.
(3) A parent who is not granted custody of a child under an
order that was issued pursuant to this section prior to April 11,
1991, and that does not provide for shared parenting is the
"parent who is not the residential parent," the "parent who is not
the residential parent and legal custodian," or the "noncustodial
parent" of the child under the order.
(4) A parent who is not primarily allocated the parental
rights and responsibilities for the care of a child and who is not
designated as the residential parent and legal custodian of the
child under an order that is issued pursuant to this section on or
after April 11, 1991, and that does not provide for shared
parenting is the "parent who is not the residential parent," the
"parent who is not the residential parent and legal custodian," or
the "noncustodial parent" of the child under the order.
(5) Unless the context clearly requires otherwise, if an
order is issued by a court pursuant to this section and the order
provides for shared parenting of a child, both parents have
"custody of the child" or "care, custody, and control of the
child" under the order, to the extent and in the manner specified
in the order.
(6) Unless the context clearly requires otherwise and except
as otherwise provided in the order, if an order is issued by a
court pursuant to this section and the order provides for shared
parenting of a child, each parent, regardless of where the child
is physically located or with whom the child is residing at a
particular point in time, as specified in the order, is the
"residential parent," the "residential parent and legal
custodian," or the "custodial parent" of the child.
(7) Unless the context clearly requires otherwise and except
as otherwise provided in the order, a designation in the order of
a parent as the residential parent for the purpose of determining
the school the child attends, as the custodial parent for purposes
of claiming the child as a dependent pursuant to section 152(e) of
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.
1, as amended, or as the residential parent for purposes of
receiving public assistance pursuant to division (A)(2) of this
section, does not affect the designation pursuant to division
(L)(6) of this section of each parent as the "residential parent,"
the "residential parent and legal custodian," or the "custodial
parent" of the child.
(M) The court shall require each parent of a child to file an
affidavit attesting as to whether the parent, and the members of
the parent's household, have been convicted of or pleaded guilty
to any of the offenses identified in divisions (C) and (F)(1)(h)
of this section.
Sec. 3109.051. (A) If a divorce, dissolution, legal
separation, or annulment proceeding involves a child and if the
court has not issued a shared parenting decree, the court shall
consider any mediation report filed pursuant to section 3109.052
of the Revised Code and, in accordance with division (C) of this
section, shall make a just and reasonable order or decree
permitting each parent who is not the residential parent to have
parenting time with the child at the time and under the conditions
that the court directs, unless the court determines that it would
not be in the best interest of the child to permit that parent to
have parenting time with the child and includes in the journal its
findings of fact and conclusions of law. Whenever possible, the
order or decree permitting the parenting time shall ensure the
opportunity for both parents to have frequent and continuing
contact with the child, unless frequent and continuing contact by
either parent with the child would not be in the best interest of
the child. The court shall include in its final decree a specific
schedule of parenting time for that parent. Except as provided in
division (E)(6) of section 3113.31 of the Revised Code, if the
court, pursuant to this section, grants parenting time to a parent
or companionship or visitation rights to any other person with
respect to any child, it shall not require the public children
services agency to provide supervision of or other services
related to that parent's exercise of parenting time or that
person's exercise of companionship or visitation rights with
respect to the child. This section does not limit the power of a
juvenile court pursuant to Chapter 2151. of the Revised Code to
issue orders with respect to children who are alleged to be
abused, neglected, or dependent children or to make dispositions
of children who are adjudicated abused, neglected, or dependent
children or of a common pleas court to issue orders pursuant to
section 3113.31 of the Revised Code.
(B)(1) In a divorce, dissolution of marriage, legal
separation, annulment, or child support proceeding that involves a
child, the court may grant reasonable companionship or visitation
rights to any grandparent, any person related to the child by
consanguinity or affinity, or any other person other than a
parent, if all of the following apply:
(a) The grandparent, relative, or other person files a motion
with the court seeking companionship or visitation rights.
(b) The court determines that the grandparent, relative, or
other person has an interest in the welfare of the child.
(c) The court determines that the granting of the
companionship or visitation rights is in the best interest of the
child.
(2) A motion may be filed under division (B)(1) of this
section during the pendency of the divorce, dissolution of
marriage, legal separation, annulment, or child support proceeding
or, if a motion was not filed at that time or was filed at that
time and the circumstances in the case have changed, at any time
after a decree or final order is issued in the case.
(C) When determining whether to grant parenting time rights
to a parent pursuant to this section or section 3109.12 of the
Revised Code or to grant companionship or visitation rights to a
grandparent, relative, or other person pursuant to this section or
section 3109.11 or 3109.12 of the Revised Code, when establishing
a specific parenting time or visitation schedule, and when
determining other parenting time matters under this section or
section 3109.12 of the Revised Code or visitation matters under
this section or section 3109.11 or 3109.12 of the Revised Code,
the court shall consider any mediation report that is filed
pursuant to section 3109.052 of the Revised Code and shall
consider all other relevant factors, including, but not limited
to, all of the factors listed in division (D) of this section. In
considering the factors listed in division (D) of this section for
purposes of determining whether to grant parenting time or
visitation rights, establishing a specific parenting time or
visitation schedule, determining other parenting time matters
under this section or section 3109.12 of the Revised Code or
visitation matters under this section or under section 3109.11 or
3109.12 of the Revised Code, and resolving any issues related to
the making of any determination with respect to parenting time or
visitation rights or the establishment of any specific parenting
time or visitation schedule, the court, in its discretion, may
interview in chambers any or all involved children regarding their
wishes and concerns. If the court interviews any child concerning
the child's wishes and concerns regarding those parenting time or
visitation matters, the interview shall be conducted in chambers,
and no person other than the child, the child's attorney, the
judge, any necessary court personnel, and, in the judge's
discretion, the attorney of each parent shall be permitted to be
present in the chambers during the interview. No person shall
obtain or attempt to obtain from a child a written or recorded
statement or affidavit setting forth the wishes and concerns of
the child regarding those parenting time or visitation matters. A
court, in considering the factors listed in division (D) of this
section for purposes of determining whether to grant any parenting
time or visitation rights, establishing a parenting time or
visitation schedule, determining other parenting time matters
under this section or section 3109.12 of the Revised Code or
visitation matters under this section or under section 3109.11 or
3109.12 of the Revised Code, or resolving any issues related to
the making of any determination with respect to parenting time or
visitation rights or the establishment of any specific parenting
time or visitation schedule, shall not accept or consider a
written or recorded statement or affidavit that purports to set
forth the child's wishes or concerns regarding those parenting
time or visitation matters.
(D) In determining whether to grant parenting time to a
parent pursuant to this section or section 3109.12 of the Revised
Code or companionship or visitation rights to a grandparent,
relative, or other person pursuant to this section or section
3109.11 or 3109.12 of the Revised Code, in establishing a specific
parenting time or visitation schedule, and in determining other
parenting time matters under this section or section 3109.12 of
the Revised Code or visitation matters under this section or
section 3109.11 or 3109.12 of the Revised Code, the court shall
consider all of the following factors:
(1) The prior interaction and interrelationships of the child
with the child's parents, siblings, and other persons related by
consanguinity or affinity, and with the person who requested
companionship or visitation if that person is not a parent,
sibling, or relative of the child;
(2) The geographical location of the residence of each parent
and the distance between those residences, and if the person is
not a parent, the geographical location of that person's residence
and the distance between that person's residence and the child's
residence;
(3) The child's and parents' available time, including, but
not limited to, each parent's employment schedule, the child's
school schedule, and the child's and the parents' holiday and
vacation schedule;
(4) The age of the child;
(5) The child's adjustment to home, school, and community;
(6) If the court has interviewed the child in chambers,
pursuant to division (C) of this section, regarding the wishes and
concerns of the child as to parenting time by the parent who is
not the residential parent or companionship or visitation by the
grandparent, relative, or other person who requested companionship
or visitation, as to a specific parenting time or visitation
schedule, or as to other parenting time or visitation matters, the
wishes and concerns of the child, as expressed to the court;
(7) The health and safety of the child;
(8) The amount of time that will be available for the child
to spend with siblings;
(9) The mental and physical health of all parties;
(10) Each parent's willingness to reschedule missed parenting
time and to facilitate the other parent's parenting time rights,
and with respect to a person who requested companionship or
visitation, the willingness of that person to reschedule missed
visitation;
(11) In relation to parenting time, whether either parent
previously has been convicted of or pleaded guilty to any criminal
offense involving any act that resulted in a child being an abused
child or a neglected child; whether either parent, in a case in
which a child has been adjudicated an abused child or a neglected
child, previously has been determined to be the perpetrator of the
abusive or neglectful act that is the basis of the adjudication;
and whether there is reason to believe that either parent has
acted in a manner resulting in a child being an abused child or a
neglected child;
(12) In relation to requested companionship or visitation by
a person other than a parent, whether the person previously has
been convicted of or pleaded guilty to any criminal offense
involving any act that resulted in a child being an abused child
or a neglected child; whether the person, in a case in which a
child has been adjudicated an abused child or a neglected child,
previously has been determined to be the perpetrator of the
abusive or neglectful act that is the basis of the adjudication;
whether either parent previously has been convicted of or pleaded
guilty to a violation of section 2919.25 of the Revised Code
involving a victim who at the time of the commission of the
offense was a member of the family or household that is the
subject of the current proceeding; whether either parent
previously has been convicted of an offense involving a victim who
at the time of the commission of the offense was a member of the
family or household that is the subject of the current proceeding
and caused physical harm to the victim in the commission of the
offense; and whether there is reason to believe that the person
has acted in a manner resulting in a child being an abused child
or a neglected child;
(13) Whether the residential parent or one of the parents
subject to a shared parenting decree has continuously and
willfully denied the other parent's right to parenting time in
accordance with an order of the court;
(14) Whether either parent has established a residence or is
planning to establish a residence outside this state;
(15) In relation to requested companionship or visitation by
a person other than a parent, the wishes and concerns of the
child's parents, as expressed by them to the court;
(16) Any other factor in the best interest of the child.
(E) The remarriage of a residential parent of a child does
not affect the authority of a court under this section to grant
parenting time rights with respect to the child to the parent who
is not the residential parent or to grant reasonable companionship
or visitation rights with respect to the child to any grandparent,
any person related by consanguinity or affinity, or any other
person.
(F)(1) If the court, pursuant to division (A) of this
section, denies parenting time to a parent who is not the
residential parent or denies a motion for reasonable companionship
or visitation rights filed under division (B) of this section and
the parent or movant files a written request for findings of fact
and conclusions of law, the court shall state in writing its
findings of fact and conclusions of law in accordance with Civil
Rule 52.
(2) On or before July 1, 1991, each court of common pleas, by
rule, shall adopt standard parenting time guidelines. A court
shall have discretion to deviate from its standard parenting time
guidelines based upon factors set forth in division (D) of this
section.
(G)(1) If the residential parent intends to move to a
residence other than the residence specified in the parenting time
order or decree of the court, the parent shall file a notice of
intent to relocate with the court that issued the order or decree.
Except as provided in divisions (G)(2), (3), and (4) of this
section, the court shall send a copy of the notice to the parent
who is not the residential parent. Upon receipt of the notice, the
court, on its own motion or the motion of the parent who is not
the residential parent, may schedule a hearing with notice to both
parents to determine whether it is in the best interest of the
child to revise the parenting time schedule for the child.
(2) When a court grants parenting time rights to a parent who
is not the residential parent, the court shall determine whether
that parent has been convicted of or pleaded guilty to a violation
of section 2919.25 of the Revised Code involving a victim who at
the time of the commission of the offense was a member of the
family or household that is the subject of the proceeding, has
been convicted of or pleaded guilty to any other offense involving
a victim who at the time of the commission of the offense was a
member of the family or household that is the subject of the
proceeding and caused physical harm to the victim in the
commission of the offense, or has been determined to be the
perpetrator of the abusive act that is the basis of an
adjudication that a child is an abused child. If the court
determines that that parent has not been so convicted and has not
been determined to be the perpetrator of an abusive act that is
the basis of a child abuse adjudication, the court shall issue an
order stating that a copy of any notice of relocation that is
filed with the court pursuant to division (G)(1) of this section
will be sent to the parent who is given the parenting time rights
in accordance with division (G)(1) of this section.
If the court determines that the parent who is granted the
parenting time rights has been convicted of or pleaded guilty to a
violation of section 2919.25 of the Revised Code involving a
victim who at the time of the commission of the offense was a
member of the family or household that is the subject of the
proceeding, has been convicted of or pleaded guilty to any other
offense involving a victim who at the time of the commission of
the offense was a member of the family or household that is the
subject of the proceeding and caused physical harm to the victim
in the commission of the offense, or has been determined to be the
perpetrator of the abusive act that is the basis of an
adjudication that a child is an abused child, it shall issue an
order stating that that parent will not be given a copy of any
notice of relocation that is filed with the court pursuant to
division (G)(1) of this section unless the court determines that
it is in the best interest of the children to give that parent a
copy of the notice of relocation, issues an order stating that
that parent will be given a copy of any notice of relocation filed
pursuant to division (G)(1) of this section, and issues specific
written findings of fact in support of its determination.
(3) If a court, prior to April 11, 1991, issued an order
granting parenting time rights to a parent who is not the
residential parent and did not require the residential parent in
that order to give the parent who is granted the parenting time
rights notice of any change of address and if the residential
parent files a notice of relocation pursuant to division (G)(1) of
this section, the court shall determine if the parent who is
granted the parenting time rights has been convicted of or pleaded
guilty to a violation of section 2919.25 of the Revised Code
involving a victim who at the time of the commission of the
offense was a member of the family or household that is the
subject of the proceeding, has been convicted of or pleaded guilty
to any other offense involving a victim who at the time of the
commission of the offense was a member of the family or household
that is the subject of the proceeding and caused physical harm to
the victim in the commission of the offense, or has been
determined to be the perpetrator of the abusive act that is the
basis of an adjudication that a child is an abused child. If the
court determines that the parent who is granted the parenting time
rights has not been so convicted and has not been determined to be
the perpetrator of an abusive act that is the basis of a child
abuse adjudication, the court shall issue an order stating that a
copy of any notice of relocation that is filed with the court
pursuant to division (G)(1) of this section will be sent to the
parent who is granted parenting time rights in accordance with
division (G)(1) of this section.
If the court determines that the parent who is granted the
parenting time rights has been convicted of or pleaded guilty to a
violation of section 2919.25 of the Revised Code involving a
victim who at the time of the commission of the offense was a
member of the family or household that is the subject of the
proceeding, has been convicted of or pleaded guilty to any other
offense involving a victim who at the time of the commission of
the offense was a member of the family or household that is the
subject of the proceeding and caused physical harm to the victim
in the commission of the offense, or has been determined to be the
perpetrator of the abusive act that is the basis of an
adjudication that a child is an abused child, it shall issue an
order stating that that parent will not be given a copy of any
notice of relocation that is filed with the court pursuant to
division (G)(1) of this section unless the court determines that
it is in the best interest of the children to give that parent a
copy of the notice of relocation, issues an order stating that
that parent will be given a copy of any notice of relocation filed
pursuant to division (G)(1) of this section, and issues specific
written findings of fact in support of its determination.
(4) If a parent who is granted parenting time rights pursuant
to this section or any other section of the Revised Code is
authorized by an order issued pursuant to this section or any
other court order to receive a copy of any notice of relocation
that is filed pursuant to division (G)(1) of this section or
pursuant to court order, if the residential parent intends to move
to a residence other than the residence address specified in the
parenting time order, and if the residential parent does not want
the parent who is granted the parenting time rights to receive a
copy of the relocation notice because the parent with parenting
time rights has been convicted of or pleaded guilty to a violation
of section 2919.25 of the Revised Code involving a victim who at
the time of the commission of the offense was a member of the
family or household that is the subject of the proceeding, has
been convicted of or pleaded guilty to any other offense involving
a victim who at the time of the commission of the offense was a
member of the family or household that is the subject of the
proceeding and caused physical harm to the victim in the
commission of the offense, or has been determined to be the
perpetrator of the abusive act that is the basis of an
adjudication that a child is an abused child, the residential
parent may file a motion with the court requesting that the parent
who is granted the parenting time rights not receive a copy of any
notice of relocation. Upon the filing of the motion, the court
shall schedule a hearing on the motion and give both parents
notice of the date, time, and location of the hearing. If the
court determines that the parent who is granted the parenting time
rights has been so convicted or has been determined to be the
perpetrator of an abusive act that is the basis of a child abuse
adjudication, the court shall issue an order stating that the
parent who is granted the parenting time rights will not be given
a copy of any notice of relocation that is filed with the court
pursuant to division (G)(1) of this section or that the
residential parent is no longer required to give that parent a
copy of any notice of relocation unless the court determines that
it is in the best interest of the children to give that parent a
copy of the notice of relocation, issues an order stating that
that parent will be given a copy of any notice of relocation filed
pursuant to division (G)(1) of this section, and issues specific
written findings of fact in support of its determination. If it
does not so find, it shall dismiss the motion.
(H)(1) Subject to section 3125.16 and division (F) of section
3319.321 of the Revised Code, a parent of a child who is not the
residential parent of the child is entitled to access, under the
same terms and conditions under which access is provided to the
residential parent, to any record that is related to the child and
to which the residential parent of the child legally is provided
access, unless the court determines that it would not be in the
best interest of the child for the parent who is not the
residential parent to have access to the records under those same
terms and conditions. If the court determines that the parent of a
child who is not the residential parent should not have access to
records related to the child under the same terms and conditions
as provided for the residential parent, the court shall specify
the terms and conditions under which the parent who is not the
residential parent is to have access to those records, shall enter
its written findings of facts and opinion in the journal, and
shall issue an order containing the terms and conditions to both
the residential parent and the parent of the child who is not the
residential parent. The court shall include in every order issued
pursuant to this division notice that any keeper of a record who
knowingly fails to comply with the order or division (H) of this
section is in contempt of court.
(2) Subject to section 3125.16 and division (F) of section
3319.321 of the Revised Code, subsequent to the issuance of an
order under division (H)(1) of this section, the keeper of any
record that is related to a particular child and to which the
residential parent legally is provided access shall permit the
parent of the child who is not the residential parent to have
access to the record under the same terms and conditions under
which access is provided to the residential parent, unless the
residential parent has presented the keeper of the record with a
copy of an order issued under division (H)(1) of this section that
limits the terms and conditions under which the parent who is not
the residential parent is to have access to records pertaining to
the child and the order pertains to the record in question. If the
residential parent presents the keeper of the record with a copy
of that type of order, the keeper of the record shall permit the
parent who is not the residential parent to have access to the
record only in accordance with the most recent order that has been
issued pursuant to division (H)(1) of this section and presented
to the keeper by the residential parent or the parent who is not
the residential parent. Any keeper of any record who knowingly
fails to comply with division (H) of this section or with any
order issued pursuant to division (H)(1) of this section is in
contempt of court.
(3) The prosecuting attorney of any county may file a
complaint with the court of common pleas of that county requesting
the court to issue a protective order preventing the disclosure
pursuant to division (H)(1) or (2) of this section of any
confidential law enforcement investigatory record. The court shall
schedule a hearing on the motion and give notice of the date,
time, and location of the hearing to all parties.
(I) A court that issues a parenting time order or decree
pursuant to this section or section 3109.12 of the Revised Code
shall determine whether the parent granted the right of parenting
time is to be permitted access, in accordance with section
5104.011 of the Revised Code, to any child day-care center that
is, or that in the future may be, attended by the children with
whom the right of parenting time is granted. Unless the court
determines that the parent who is not the residential parent
should not have access to the center to the same extent that the
residential parent is granted access to the center, the parent who
is not the residential parent and who is granted parenting time
rights is entitled to access to the center to the same extent that
the residential parent is granted access to the center. If the
court determines that the parent who is not the residential parent
should not have access to the center to the same extent that the
residential parent is granted such access under division (C) of
section 5104.011 of the Revised Code, the court shall specify the
terms and conditions under which the parent who is not the
residential parent is to have access to the center, provided that
the access shall not be greater than the access that is provided
to the residential parent under division (C) of section 5104.011
of the Revised Code, the court shall enter its written findings of
fact and opinions in the journal, and the court shall include the
terms and conditions of access in the parenting time order or
decree.
(J)(1) Subject to division (F) of section 3319.321 of the
Revised Code, when a court issues an order or decree allocating
parental rights and responsibilities for the care of a child, the
parent of the child who is not the residential parent of the child
is entitled to access, under the same terms and conditions under
which access is provided to the residential parent, to any student
activity that is related to the child and to which the residential
parent of the child legally is provided access, unless the court
determines that it would not be in the best interest of the child
to grant the parent who is not the residential parent access to
the student activities under those same terms and conditions. If
the court determines that the parent of the child who is not the
residential parent should not have access to any student activity
that is related to the child under the same terms and conditions
as provided for the residential parent, the court shall specify
the terms and conditions under which the parent who is not the
residential parent is to have access to those student activities,
shall enter its written findings of facts and opinion in the
journal, and shall issue an order containing the terms and
conditions to both the residential parent and the parent of the
child who is not the residential parent. The court shall include
in every order issued pursuant to this division notice that any
school official or employee who knowingly fails to comply with the
order or division (J) of this section is in contempt of court.
(2) Subject to division (F) of section 3319.321 of the
Revised Code, subsequent to the issuance of an order under
division (J)(1) of this section, all school officials and
employees shall permit the parent of the child who is not the
residential parent to have access to any student activity under
the same terms and conditions under which access is provided to
the residential parent of the child, unless the residential parent
has presented the school official or employee, the board of
education of the school, or the governing body of the chartered
nonpublic school with a copy of an order issued under division
(J)(1) of this section that limits the terms and conditions under
which the parent who is not the residential parent is to have
access to student activities related to the child and the order
pertains to the student activity in question. If the residential
parent presents the school official or employee, the board of
education of the school, or the governing body of the chartered
nonpublic school with a copy of that type of order, the school
official or employee shall permit the parent who is not the
residential parent to have access to the student activity only in
accordance with the most recent order that has been issued
pursuant to division (J)(1) of this section and presented to the
school official or employee, the board of education of the school,
or the governing body of the chartered nonpublic school by the
residential parent or the parent who is not the residential
parent. Any school official or employee who knowingly fails to
comply with division (J) of this section or with any order issued
pursuant to division (J)(1) of this section is in contempt of
court.
(K) If any person is found in contempt of court for failing
to comply with or interfering with any order or decree granting
parenting time rights issued pursuant to this section or section
3109.12 of the Revised Code or companionship or visitation rights
issued pursuant to this section, section 3109.11 or 3109.12 of the
Revised Code, or any other provision of the Revised Code, the
court that makes the finding, in addition to any other penalty or
remedy imposed, shall assess all court costs arising out of the
contempt proceeding against the person and require the person to
pay any reasonable attorney's fees of any adverse party, as
determined by the court, that arose in relation to the act of
contempt, and may award reasonable compensatory parenting time or
visitation to the person whose right of parenting time or
visitation was affected by the failure or interference if such
compensatory parenting time or visitation is in the best interest
of the child. Any compensatory parenting time or visitation
awarded under this division shall be included in an order issued
by the court and, to the extent possible, shall be governed by the
same terms and conditions as was the parenting time or visitation
that was affected by the failure or interference.
(L) Any parent who requests reasonable parenting time rights
with respect to a child under this section or section 3109.12 of
the Revised Code or any person who requests reasonable
companionship or visitation rights with respect to a child under
this section, section 3109.11 or 3109.12 of the Revised Code, or
any other provision of the Revised Code may file a motion with the
court requesting that it waive all or any part of the costs that
may accrue in the proceedings. If the court determines that the
movant is indigent and that the waiver is in the best interest of
the child, the court, in its discretion, may waive payment of all
or any part of the costs of those proceedings.
(M)(1) A parent who receives an order for active military
service in the uniformed services and who is subject to a
parenting time order may apply to the court for any of the
following temporary orders for the period extending from the date
of the parent's departure to the date of return:
(a) An order delegating all or part of the parent's parenting
time with the child to a relative or to another person who has a
close and substantial relationship with the child if the
delegation is in the child's best interest;
(b) An order that the other parent make the child reasonably
available for parenting time with the parent when the parent is on
leave from active military service;
(c) An order that the other parent facilitate contact,
including telephone and electronic contact, between the parent and
child while the parent is on active military service.
(2)(a) Upon receipt of an order for active military service,
a parent who is subject to a parenting time order and seeks an
order under division (M)(1) of this section shall notify the other
parent who is subject to the parenting time order and apply to the
court as soon as reasonably possible after receipt of the order
for active military service. The application shall include the
date on which the active military service begins.
(b) The court shall schedule a hearing upon receipt of an
application under division (M) of this section and hold the
hearing not later than thirty days after its receipt, except that
the court shall give the case calendar priority and handle the
case expeditiously if exigent circumstances exist in the case. No
hearing shall be required if both parents agree to the terms of
the requested temporary order and the court determines that the
order is in the child's best interest.
(c) In determining whether a delegation under division
(M)(1)(a) of this section is in the child's best interest, the
court shall consider all relevant factors, including the factors
set forth in division (D) of this section.
(d) An order delegating all or part of the parent's parenting
time pursuant to division (M)(1)(a) of this section does not
create standing on behalf of the person to whom parenting time is
delegated to assert visitation or companionship rights independent
of the order.
(3) At the request of a parent who is ordered for active
military service in the uniformed services and who is a subject of
a proceeding pertaining to a parenting time order or pertaining to
a request for companionship rights or visitation with a child, the
court shall permit the parent to participate in the proceeding and
present evidence by electronic means, including communication by
telephone, video, or internet to the extent permitted by rules of
the supreme court of Ohio.
(N) The juvenile court has exclusive jurisdiction to enter
the orders in any case certified to it from another court.
(N)(O) As used in this section:
(1) "Abused child" has the same meaning as in section
2151.031 of the Revised Code, and "neglected child" has the same
meaning as in section 2151.03 of the Revised Code.
(2) "Active military service" and "uniformed services" have
the same meanings as in section 3109.04 of the Revised Code.
(3) "Confidential law enforcement investigatory record" has
the same meaning as in section 149.43 of the Revised Code.
(4) "Parenting time order" means an order establishing the
amount of time that a child spends with the parent who is not the
residential parent or the amount of time that the child is to be
physically located with a parent under a shared parenting order.
(5) "Record" means any record, document, file, or other
material that contains information directly related to a child,
including, but not limited to, any of the following:
(a) Records maintained by public and nonpublic schools;
(b) Records maintained by facilities that provide child care,
as defined in section 5104.01 of the Revised Code, publicly funded
child care, as defined in section 5104.01 of the Revised Code, or
pre-school services operated by or under the supervision of a
school district board of education or a nonpublic school;
(c) Records maintained by hospitals, other facilities, or
persons providing medical or surgical care or treatment for the
child;
(d) Records maintained by agencies, departments,
instrumentalities, or other entities of the state or any political
subdivision of the state, other than a child support enforcement
agency. Access to records maintained by a child support
enforcement agency is governed by section 3125.16 of the Revised
Code.
(3) "Confidential law enforcement investigatory record" has
the same meaning as in section 149.43 of the Revised Code.
SECTION 2. That existing sections 3109.04 and 3109.051 of
the Revised Code are hereby repealed.
SECTION 3. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is that a
number of members of the Ohio National Guard face imminent
deployment, and this act is essential to protect their parental
rights. Therefore, this act shall go into immediate effect.
SECTION 4. The General Assembly urges the Supreme Court of
Ohio to promulgate any changes to its rules necessary to implement
this act before the act's effective date.
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