What Are Visitation Rights?
“Visitation” is no longer the commonly used term. Courts now refer to this as “parenting” time.
Parenting time can be restricted or supervised in some extreme cases.
Generally, each court will have a local rule setting forth parenting time, which is a minimum or standard parenting time. Parenting time can be agreed to by the parents or ordered by the court.
What Factors Do Courts Consider In Allocating Parental Rights And Obligations?
Courts are guided by statutes and prior court decisions. The factors a court will consider when making decisions about parenting time and parenting obligations will include:
- The wishes of the child’s parent regarding his care
- If the court has interviewed the child in chambers pursuant to Ohio law regarding the child’s wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, and the wishes and concerns of this child, as expressed in court
- The child’s interaction and interrelationship with his parents, siblings and any other person who may significantly affect the child’s best interest
- The child’s adjustment to the child’s home, school and community
- The mental and physical health of all persons involved in the situation
- The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights
- Whether either parent has failed to make all child support payments pursuant to a child support order under which that parent is an obligor
- Whether either parent previously has been convicted of or pleaded 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 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 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
- Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent his or her right to visitation in accordance with an order of the court
- Whether either parent has established a residence, or is planning to establish a residence, outside this state