Cincinnati Family Law & Divorce Blog: Standard Parenting Time

Hamilton, Butler, Warren, and Clermont Counties in Ohio have all adopted a Standard Parenting Order or Standard Parenting Time Guidelines in both their Juvenile and Domestic Relations Courts. The Standard Parenting Order or Guidelines contains the parenting schedules that serve as a starting point for the court when parents cannot agree on what schedule is in a child’s best interest. Generally, a court’s Standard Order or Guidelines provide for the minimum amount of parenting time that will be awarded to each parent in most circumstances. Over time, there has been a shift by Ohio courts to move away from the traditional model where one parent is granted most of the parenting time and to instead allow for a more equal distribution of parenting time between the parents.

 

For example, until last year, the Standard Parenting Order in the Hamilton County Domestic Relations Court contained a parenting schedule for school-age children that granted parenting time to the nonresidential parent (i.e., the parent exercising the least amount of parenting time) every other weekend and a few nights per month during the school week. The new Standard Parenting Order released by the Hamilton County Domestic Relations Court in April 2024, however, provides for several other schedule options for school-age children, including equal parenting time schedules such as a week on/week off schedule, 2-2-3 schedule, and 2-2-5 schedule. You can learn more about 2-2-3 and 2-2-5 schedules here.

 

The Standard Parenting Time Guidelines in the Hamilton County Juvenile Court has undergone a similar shift. A 2-2-5 parenting time schedule is now the default schedule that the Juvenile Court will consider for school-age children.

 

Importantly, most courts’ Standard Parenting Orders or Guidelines contain parenting schedules that vary based on a child’s age. The Hamilton County Domestic Relations Court’s Standard Parenting Order, for example, provides for different schedules for children under the age of 6. The schedules developed for children under the age of 6 do not result in equal parenting time between the parents. Another example is that the Hamilton County Juvenile Court’s Guidelines contain different schedules for children under the age of 2. These schedules also do not result in equal parenting time between the parents. Whereas the Domestic Relations Court contemplates parents considering moving to an equal parenting time schedule by the time a child turns 6, the Juvenile Court contemplates parents moving to an equal parenting time schedule by the time a child turns 2. Every court has developed its own age guidelines and list of corresponding schedules, but the overarching theme is that most courts trend towards an allocation of more equal parenting time as a child ages.

 

What the Hamilton County Domestic Relations and Juvenile Courts’ recent changes to their Standard Parenting Order and Guidelines suggest is that Ohio courts are currently poised, more than any time before, to grant parents equal or close to equal parenting time if that is something requested by either of the parents. Importantly, a court is not going to grant a parent parenting time that is not being requested by that parent. Additionally, if there are other reasons why an equal parenting time schedule may not be in a child’s best interest, a Court can choose to deviate from its Standard Order or Guidelines.

 

Reviewing the Standard Parenting Time Order or Guidelines for your particular county and court is a good starting point for evaluating whether your preferred parenting schedule is something the court might consider. It is also important to remember that, if you and your co-parent agree on a parenting schedule that differs from what is contained in the Standard Order or Guidelines, the court typically will not interfere. Ultimately, courts are required to choose the schedule that is in a child’s best interest, and courts recognize that parents are usually in the best position to make this determination.