Ohio § 3109.051

§ 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 5104.039 of the Revised Code , to any child 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 section 5104.039 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 section 5104.039 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. (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 .