COUNTY RULES OF PRACTICE
OF THE COURT OF COMMON PLEAS
Domestic Relations Division
Effective February 1, 1990 unless otherwise noted
(A) All actions seeking the allocation of parental rights, including custody, visitation or companionship with a child shall be initiated by sworn complaint, or in preexisting cases by motion, and pursuant to Ohio Revised Code Section 3127.23 shall be accompanied by a Parenting Proceeding Affidavit as designated in this rule. The opposing party or parties shall also file the required affidavit with any responsive pleading or motions or, if no such pleading or motion is filed, no later than fourteen (14) days prior to the first assigned hearing date.
In the event a person files the Parenting Proceeding Affidavit as approved by the Supreme Court and the filer requests to have the address of the filer, the child(ren) or both be confidential and to have the information sealed pursuant to R.C. 3127.23(D), the person shall also file a narrative affidavit detailing specific reasons how and why the disclosure of identifying information would jeopardize the health, safety or liberty of the party or the child(ren). Upon the filing of such a narrative affidavit, the clerk shall seal the affidavits required by this rule pursuant to R.C. 3127.23(D) until further order of the court.
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; 10/25/2010)