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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 550
2025-2026
Representatives Salvo, Williams
Cosponsors: Representatives Daniels,
McClain, Kishman
To
amend sections 3109.051, 3109.11, and 3109.12 of the Revised Code
to
require a court to order compensatory parenting time or companionship
or visitation for failure to comply with, or interference with, an
order or decree providing for parenting time or companionship or
visitation.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 3109.051, 3109.11, and 3109.12 of the Revised Code be
amended to read as follows:
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 5104.039 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)
(L)(1)
Any parent who is granted parenting time rights under a parenting
time order or decree issued pursuant to this section or section
3109.12 of the Revised Code, any person who is granted companionship
or visitation under an order or decree issued pursuant to this
section, section 3109.11 or 3109.12 of the Revised Code, or pursuant
to any other provision of the Revised Code, or any other person who
is subject to any parenting time or companionship or visitation order
or decree, may file a motion with the court to request compensatory
parenting time or visitation for failure to comply with, or
interference with, the order or decree, if the failure to comply or
interference results from either of the following:
(a)
An investigation by a public children services agency and all
investigative agencies of a report of abuse or neglect in accordance
with section 2151.421 of the Revised Code that resulted in a
determination that the report was unsubstantiated, provided that the
reason for the unsubstantiated report is not because the agency was
unable to locate or interview the alleged perpetrator, the alleged
perpetrator refused to cooperate with the investigation, or the
investigation was otherwise incomplete;
(b)
The residential parent and legal custodian of a child willfully
violated a parenting time or visitation schedule without
justification.
(2)
The court shall order additional periods of parenting time or
visitation to compensate for the parenting time or companionship or
visitation lost as a result of the failure to comply or interference,
unless for good cause shown by an opposing party. Compensatory
parenting time or visitation that is awarded under division (L) of
this section shall meet all of the following criteria:
(a)
The parenting time or visitation shall be the same type and duration
as the parenting time or visitation that was lost or denied.
(b)
Subject to the court's determination of the best interest of the
child, the parenting time or visitation shall be scheduled at the
discretion of the party that was denied parenting time or visitation
and may include weekends, holidays, school breaks, and summer
vacation time.
(c)
The parenting time or visitation shall be enforceable in the same
manner as the original order or decree for parenting time or
visitation.
(3)
If a court denies compensatory parenting time or visitation under
division (L)(2) of this section for good cause shown by an opposing
party, the court shall state in writing its findings of fact and
conclusions of law to support the denial.
(4)
A court shall not award compensatory parenting time or visitation
under both this division and division (K) of this section. If a party
files a motion under this division and initiates a contempt action
under section 2705.031 of the Revised Code, the court may award the
greater of the compensatory parenting time or visitation warranted
under this division or division (K) of this section, but not both.
(M)
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)
(N)(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)
(O)
The juvenile court has exclusive jurisdiction to enter the orders in
any case certified to it from another court.
(O)
(P)
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.
Sec.
3109.11.
If
either the father or mother of an unmarried minor child is deceased,
the court of common pleas of the county in which the minor child
resides may grant the parents and other relatives of the deceased
father or mother reasonable companionship or visitation rights with
respect to the minor child during the child's minority if the parent
or other relative files a complaint requesting reasonable
companionship or visitation rights and if the court determines that
the granting of the companionship or visitation rights is in the best
interest of the minor child. In determining whether to grant any
person reasonable companionship or visitation rights with respect to
any child, the court shall consider all relevant factors, including,
but not limited to, the factors set forth in division (D) of section
3109.051 of the Revised Code. Divisions (C), (K), and
(L)
(M)
of section 3109.051 of the Revised Code apply to the determination of
reasonable companionship or visitation rights under this section and
to any order granting any such rights that is issued under this
section.
The
remarriage of the surviving parent of the child or the adoption of
the child by the spouse of the surviving parent of the child does not
affect the authority of the court under this section to grant
reasonable companionship or visitation rights with respect to the
child to a parent or other relative of the child's deceased father or
mother.
If
the court denies a request for reasonable companionship or visitation
rights made pursuant to this section and the complainant 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.
Except
as provided in division (E)(6) of section 3113.31 of the Revised
Code, if the court, pursuant to this section, grants any person
companionship or visitation rights with respect to any child, it
shall not require the public children services agency to provide
supervision of or other services related to 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.
Sec.
3109.12.
(A)
If a child is born to an unmarried woman, the parents of the woman
and any relative of the woman may file a complaint requesting the
court of common pleas of the county in which the child resides to
grant them reasonable companionship or visitation rights with the
child. If a child is born to an unmarried woman and if the father of
the child has acknowledged the child and that acknowledgment has
become final pursuant to section 2151.232, 3111.25, or 3111.821 of
the Revised Code or has been determined in an action under Chapter
3111. of the Revised Code to be the father of the child, the father
may file a complaint requesting that the court of appropriate
jurisdiction of the county in which the child resides grant him
reasonable parenting time rights with the child and the parents of
the father and any relative of the father may file a complaint
requesting that the court grant them reasonable companionship or
visitation rights with the child.
(B)
The court may grant the parenting time rights or companionship or
visitation rights requested under division (A) of this section, if it
determines that the granting of the parenting time rights or
companionship or visitation rights is in the best interest of the
child. In determining whether to grant reasonable parenting time
rights or reasonable companionship or visitation rights with respect
to any child, the court shall consider all relevant factors,
including, but not limited to, the factors set forth in division (D)
of section 3109.051 of the Revised Code. Divisions (C), (K), and
(L)
(M)
of section 3109.051 of the Revised Code apply to the determination of
reasonable parenting time rights or reasonable companionship or
visitation rights under this section and to any order granting any
such rights that is issued under this section.
The
marriage or remarriage of the mother or father of a child does not
affect the authority of the court under this section to grant the
natural father reasonable parenting time rights or the parents or
relatives of the natural father or the parents or relatives of the
mother of the child reasonable companionship or visitation rights
with respect to the child.
If
the court denies a request for reasonable parenting time rights or
reasonable companionship or visitation rights made pursuant to
division (A) of this section and the complainant 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.
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
rights or companionship or visitation rights 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 rights with the child or that person's
exercise of companionship or visitation rights with 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.
Section
2.
That
existing sections 3109.051, 3109.11, and 3109.12 of the Revised Code
are hereby repealed.