FRANKLIN COUNTY RULES OF PRACTICE
OF THE COURT OF COMMON PLEAS
Domestic Relations Division
Juvenile Branch
Effective February 1, 1990 unless otherwise noted

	JUVENILE RULES
	---SELECT A RULE TO VIEW--- 1. Court Records; Management and Retention 2. Continuances and advancement 3. Duty magistrate 4. Appointed counsel 5. Custody and/or Visitation Actions 6. Parentage cases 7. Detention/shelter care hearings 8. Objections to Decisions of Magistrates 8. Motions to Set Aside Magistrate's Orders 9. Broadcasting, televising, recording and photographing by news media 10. Support orders 11. Motions 12. Transcripts/recording of proceedings 13. Warrants 14. Filing fees and costs 15. Traffic offenses/misdemeanor citations; Use of electronically produced tickets 16. Expungements 17. Mediation 18. Publication Service 19. Informal intake conference 20. Magistrate hearings 21. Assignement of cases 22. Model Parenting Time Schedule 23. Case Management Rule 24. Work Release Program 25. Duty Judge 26. Juries, Jurors 27. Guardian Ad Litem 28. Entries 29. Forms 30. Photographic Identification 31. Service Members' Civil Relief Act 32. Registration of Orders from Another State

RULE 5:

CUSTODY AFFIDAVIT    rev 4 - 2005

Custody and/or Visitation Actions

(A) All actions seeking custody of and/or visitation with a child shall be initiated by sworn complaint, or in preexisting cases by Motion, and pursuant to Ohio Revised Code Section 3109.27 shall be accompanied by a child custody affidavit. All pleadings filed with the Court must contain the name of the Court, proper style of the case and number, the Judge and Magistrate to whom the case is assigned, and the name, Ohio Supreme Court registration number, address, and telephone number of the attorney filing the pleading. Further, all pleadings filed with the Court must be on letter size paper, approximately 8 ½" x 11", and if typed, in no less than 12 point font.

(B) A social investigation concerning the best interests of any child or children may be conducted by the Family Assessment Department in abuse, neglect and dependency cases.

(C) Pursuant to Juvenile Rule 32(D) the court may order a social investigation following the filing of a complaint requesting the allocation of parental rights and responsibilities or a writ of habeas corpus, or the filing of a motion to modify the allocation of parental rights and responsibilities. Prior to ordering a social investigation the court may refer the parties to mediation.

(D) The Judge or Magistrate may require motions for temporary orders to be submitted and determined without oral hearing upon affidavits in support or opposition.

(E) In actions for custody / visitation, discovery shall be conducted in accordance with Ohio Rule of Juvenile Procedure 24, except that the parties are granted leave of court to take and use depositions as provided in Ohio Civil Rules 27 through 32, and to require the production of documents as provided in Ohio Civil Rule 34.

(F) Orders allocating parental rights, including shared parenting decrees, shall include the following notices:

RELOCATION NOTICE: Pursuant to Ohio Revised Code Section 3109.051(G), the parties hereto are hereby notified as follows:
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 RESIDENTIAL PARENT SHALL FILE A NOTICE OF INTENT TO RELOCATE WITH THIS COURT, ADDRESSED TO THE ATTENTION OF THE RELOCATION OFFICER. UNLESS OTHERWISE ORDERED PURSUANT TO O.R.C. SECTIONS 3109.051(G)(2), (3), AND (4), A COPY OF SUCH NOTICE SHALL BE MAILED BY THE COURT TO THE PARENT WHO IS NOT THE RESIDENTIAL PARENT. UPON RECEIPT OF THE NOTICE, THE COURT, ON ITS OWN MOTION OR THE MOTION OF EITHER PARTY, MAY SCHEDULE A HEARING WITH NOTICE TO BOTH PARTIES TO DETERMINE WHETHER IT IS IN THE BEST INTEREST OF THE CHILD TO REVISE THE PARENTING TIME SCHEDULE.

RECORDS ACCESS NOTICE: Pursuant to Ohio Revised Code Sections 3109.051(H) and 3319.321(B)(5)(a) the parties hereto are hereby notified as follows:
EXCEPTING AS SPECIFICALLY MODIFIED OR OTHERWISE LIMITED BY COURT ORDER, AND SUBJECT TO O.R.C. SECTIONS 3125.16 AND 3319.321(F), THE PARENT WHO IS NOT THE RESIDENTIAL PARENT, IS ENTITLED TO ACCESS TO ANY RECORD THAT IS RELATED TO THE CHILD, UNDER THE SAME TERMS AND CONDITIONS AS THE RESIDENTIAL PARENT, AND TO WHICH SAID RESIDENTIAL PARENT IS LEGALLY PROVIDED ACCESS. ANY KEEPER OF A RECORD WHO KNOWINGLY FAILS TO COMPLY WITH THIS ORDER IS IN CONTEMPT OF COURT.

DAY CARE CENTER ACCESS NOTICE: Pursuant to Ohio Revised Code Section 3109.051(I), the parties hereto are hereby notified as follows:
EXCEPTING AS SPECIFICALLY MODIFIED OR OTHERWISE LIMITED BY COURT ORDER, AND IN ACCORDANCE WITH O.R.C. SECTION 5104.011, THE PARENT WHO IS NOT THE RESIDENTIAL PARENT, IS ENTITLED TO ACCESS TO ANY DAY CARE CENTER THAT IS OR WILL BE ATTENDED BY THE CHILD WITH WHOM PARENTING TIME IS GRANTED, TO THE SAME EXTENT THAT THE RESIDENTIAL PARENT, IS GRANTED ACCESS TO THE CENTER.

SCHOOL ACTIVITIES NOTICE: Pursuant to Ohio Revised Code Section 3109.051(J), the parties hereto are hereby notified as follows:
EXCEPTING AS SPECIFICALLY MODIFIED OR OTHERWISE LIMITED BY COURT ORDER, AND SUBJECT TO O.R.C. SECTION 3319.321(F), THE PARENT WHO IS NOT THE RESIDENTIAL PARENT, IS ENTITLED TO ACCESS, UNDER THE SAME TERMS AND CONDITIONS AS 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. ANY SCHOOL EMPLOYEE OR OFFICIAL WHO KNOWINGLY FAILS TO COMPLY WITH THIS ORDER IS IN CONTEMPT OF COURT.

(Amended effective July 1, 1990; 1/1/00; 10/1/04)

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