Bill Text: OH SB151 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: Regarding child custody and visitation rights of parents called to active military service.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2011-04-21 - To State & Local Government & Veterans Affairs [SB151 Detail]

Download: Ohio-2011-SB151-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 151

Senator LaRose 

Cosponsors: Senators Bacon, Wagoner, Seitz, Jones, Grendell 

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A BILL

To amend sections 3109.04 and 3109.051 of the Revised

1

Code regarding child custody and visitation rights

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of parents called to active military service.

3

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 3109.04 and 3109.051 of the Revised	4
Code be amended to read as follows:	5

Sec. 3109.04.  (A) In any divorce, legal separation, or	6
annulment proceeding and in any proceeding pertaining to the	7
allocation of parental rights and responsibilities for the care of	8
a child, upon hearing the testimony of either or both parents and	9
considering any mediation report filed pursuant to section	10
3109.052 of the Revised Code and in accordance with sections	11
3127.01 to 3127.53 of the Revised Code, the court shall allocate	12
the parental rights and responsibilities for the care of the minor	13
children of the marriage. Subject to division (D)(2) of this	14
section, the court may allocate the parental rights and	15
responsibilities for the care of the children in either of the	16
following ways:	17

(1) If neither parent files a pleading or motion in	18
accordance with division (G) of this section, if at least one	19
parent files a pleading or motion under that division but no	20
parent who filed a pleading or motion under that division also	21
files a plan for shared parenting, or if at least one parent files	22
both a pleading or motion and a shared parenting plan under that	23
division but no plan for shared parenting is in the best interest	24
of the children, the court, in a manner consistent with the best	25
interest of the children, shall allocate the parental rights and	26
responsibilities for the care of the children primarily to one of	27
the parents, designate that parent as the residential parent and	28
the legal custodian of the child, and divide between the parents	29
the other rights and responsibilities for the care of the	30
children, including, but not limited to, the responsibility to	31
provide support for the children and the right of the parent who	32
is not the residential parent to have continuing contact with the	33
children.	34

(2) If at least one parent files a pleading or motion in	35
accordance with division (G) of this section and a plan for shared	36
parenting pursuant to that division and if a plan for shared	37
parenting is in the best interest of the children and is approved	38
by the court in accordance with division (D)(1) of this section,	39
the court may allocate the parental rights and responsibilities	40
for the care of the children to both parents and issue a shared	41
parenting order requiring the parents to share all or some of the	42
aspects of the physical and legal care of the children in	43
accordance with the approved plan for shared parenting. If the	44
court issues a shared parenting order under this division and it	45
is necessary for the purpose of receiving public assistance, the	46
court shall designate which one of the parents' residences is to	47
serve as the child's home. The child support obligations of the	48
parents under a shared parenting order issued under this division	49
shall be determined in accordance with Chapters 3119., 3121.,	50
3123., and 3125. of the Revised Code.	51

(B)(1) When making the allocation of the parental rights and	52
responsibilities for the care of the children under this section	53
in an original proceeding or in any proceeding for modification of	54
a prior order of the court making the allocation, the court shall	55
take into account that which would be in the best interest of the	56
children. In determining the child's best interest for purposes of	57
making its allocation of the parental rights and responsibilities	58
for the care of the child and for purposes of resolving any issues	59
related to the making of that allocation, the court, in its	60
discretion, may and, upon the request of either party, shall	61
interview in chambers any or all of the involved children	62
regarding their wishes and concerns with respect to the	63
allocation.	64

(2) If the court interviews any child pursuant to division	65
(B)(1) of this section, all of the following apply:	66

(a) The court, in its discretion, may and, upon the motion of	67
either parent, shall appoint a guardian ad litem for the child.	68

(b) The court first shall determine the reasoning ability of	69
the child. If the court determines that the child does not have	70
sufficient reasoning ability to express the child's wishes and	71
concern with respect to the allocation of parental rights and	72
responsibilities for the care of the child, it shall not determine	73
the child's wishes and concerns with respect to the allocation. If	74
the court determines that the child has sufficient reasoning	75
ability to express the child's wishes or concerns with respect to	76
the allocation, it then shall determine whether, because of	77
special circumstances, it would not be in the best interest of the	78
child to determine the child's wishes and concerns with respect to	79
the allocation. If the court determines that, because of special	80
circumstances, it would not be in the best interest of the child	81
to determine the child's wishes and concerns with respect to the	82
allocation, it shall not determine the child's wishes and concerns	83
with respect to the allocation and shall enter its written	84
findings of fact and opinion in the journal. If the court	85
determines that it would be in the best interests of the child to	86
determine the child's wishes and concerns with respect to the	87
allocation, it shall proceed to make that determination.	88

(c) The interview shall be conducted in chambers, and no	89
person other than the child, the child's attorney, the judge, any	90
necessary court personnel, and, in the judge's discretion, the	91
attorney of each parent shall be permitted to be present in the	92
chambers during the interview.	93

(3) No person shall obtain or attempt to obtain from a child	94
a written or recorded statement or affidavit setting forth the	95
child's wishes and concerns regarding the allocation of parental	96
rights and responsibilities concerning the child. No court, in	97
determining the child's best interest for purposes of making its	98
allocation of the parental rights and responsibilities for the	99
care of the child or for purposes of resolving any issues related	100
to the making of that allocation, shall accept or consider a	101
written or recorded statement or affidavit that purports to set	102
forth the child's wishes and concerns regarding those matters.	103

(C) Prior to trial, the court may cause an investigation to	104
be made as to the character, family relations, past conduct,	105
earning ability, and financial worth of each parent and may order	106
the parents and their minor children to submit to medical,	107
psychological, and psychiatric examinations. The report of the	108
investigation and examinations shall be made available to either	109
parent or the parent's counsel of record not less than five days	110
before trial, upon written request. The report shall be signed by	111
the investigator, and the investigator shall be subject to	112
cross-examination by either parent concerning the contents of the	113
report. The court may tax as costs all or any part of the expenses	114
for each investigation.	115

If the court determines that either parent previously has	116
been convicted of or pleaded guilty to any criminal offense	117
involving any act that resulted in a child being a neglected	118
child, that either parent previously has been determined to be the	119
perpetrator of the neglectful act that is the basis of an	120
adjudication that a child is a neglected child, or that there is	121
reason to believe that either parent has acted in a manner	122
resulting in a child being a neglected child, the court shall	123
consider that fact against naming that parent the residential	124
parent and against granting a shared parenting decree. When the	125
court allocates parental rights and responsibilities for the care	126
of children or determines whether to grant shared parenting in any	127
proceeding, it shall consider whether either parent or any member	128
of the household of either parent has been convicted of or pleaded	129
guilty to a violation of section 2919.25 of the Revised Code or a	130
sexually oriented offense involving a victim who at the time of	131
the commission of the offense was a member of the family or	132
household that is the subject of the proceeding, has been	133
convicted of or pleaded guilty to any sexually oriented offense or	134
other offense involving a victim who at the time of the commission	135
of the offense was a member of the family or household that is the	136
subject of the proceeding and caused physical harm to the victim	137
in the commission of the offense, or has been determined to be the	138
perpetrator of the abusive act that is the basis of an	139
adjudication that a child is an abused child. If the court	140
determines that either parent has been convicted of or pleaded	141
guilty to a violation of section 2919.25 of the Revised Code or a	142
sexually oriented offense involving a victim who at the time of	143
the commission of the offense was a member of the family or	144
household that is the subject of the proceeding, has been	145
convicted of or pleaded guilty to any sexually oriented offense or	146
other offense involving a victim who at the time of the commission	147
of the offense was a member of the family or household that is the	148
subject of the proceeding and caused physical harm to the victim	149
in the commission of the offense, or has been determined to be the	150
perpetrator of the abusive act that is the basis of an	151
adjudication that a child is an abused child, it may designate	152
that parent as the residential parent and may issue a shared	153
parenting decree or order only if it determines that it is in the	154
best interest of the child to name that parent the residential	155
parent or to issue a shared parenting decree or order and it makes	156
specific written findings of fact to support its determination.	157

(D)(1)(a) Upon the filing of a pleading or motion by either	158
parent or both parents, in accordance with division (G) of this	159
section, requesting shared parenting and the filing of a shared	160
parenting plan in accordance with that division, the court shall	161
comply with division (D)(1)(a)(i), (ii), or (iii) of this section,	162
whichever is applicable:	163

(i) If both parents jointly make the request in their	164
pleadings or jointly file the motion and also jointly file the	165
plan, the court shall review the parents' plan to determine if it	166
is in the best interest of the children. If the court determines	167
that the plan is in the best interest of the children, the court	168
shall approve it. If the court determines that the plan or any	169
part of the plan is not in the best interest of the children, the	170
court shall require the parents to make appropriate changes to the	171
plan to meet the court's objections to it. If changes to the plan	172
are made to meet the court's objections, and if the new plan is in	173
the best interest of the children, the court shall approve the	174
plan. If changes to the plan are not made to meet the court's	175
objections, or if the parents attempt to make changes to the plan	176
to meet the court's objections, but the court determines that the	177
new plan or any part of the new plan still is not in the best	178
interest of the children, the court may reject the portion of the	179
parents' pleadings or deny their motion requesting shared	180
parenting of the children and proceed as if the request in the	181
pleadings or the motion had not been made. The court shall not	182
approve a plan under this division unless it determines that the	183
plan is in the best interest of the children.	184

(ii) If each parent makes a request in the parent's pleadings	185
or files a motion and each also files a separate plan, the court	186
shall review each plan filed to determine if either is in the best	187
interest of the children. If the court determines that one of the	188
filed plans is in the best interest of the children, the court may	189
approve the plan. If the court determines that neither filed plan	190
is in the best interest of the children, the court may order each	191
parent to submit appropriate changes to the parent's plan or both	192
of the filed plans to meet the court's objections, or may select	193
one of the filed plans and order each parent to submit appropriate	194
changes to the selected plan to meet the court's objections. If	195
changes to the plan or plans are submitted to meet the court's	196
objections, and if any of the filed plans with the changes is in	197
the best interest of the children, the court may approve the plan	198
with the changes. If changes to the plan or plans are not	199
submitted to meet the court's objections, or if the parents submit	200
changes to the plan or plans to meet the court's objections but	201
the court determines that none of the filed plans with the	202
submitted changes is in the best interest of the children, the	203
court may reject the portion of the parents' pleadings or deny	204
their motions requesting shared parenting of the children and	205
proceed as if the requests in the pleadings or the motions had not	206
been made. If the court approves a plan under this division,	207
either as originally filed or with submitted changes, or if the	208
court rejects the portion of the parents' pleadings or denies	209
their motions requesting shared parenting under this division and	210
proceeds as if the requests in the pleadings or the motions had	211
not been made, the court shall enter in the record of the case	212
findings of fact and conclusions of law as to the reasons for the	213
approval or the rejection or denial. Division (D)(1)(b) of this	214
section applies in relation to the approval or disapproval of a	215
plan under this division.	216

(iii) If each parent makes a request in the parent's	217
pleadings or files a motion but only one parent files a plan, or	218
if only one parent makes a request in the parent's pleadings or	219
files a motion and also files a plan, the court in the best	220
interest of the children may order the other parent to file a plan	221
for shared parenting in accordance with division (G) of this	222
section. The court shall review each plan filed to determine if	223
any plan is in the best interest of the children. If the court	224
determines that one of the filed plans is in the best interest of	225
the children, the court may approve the plan. If the court	226
determines that no filed plan is in the best interest of the	227
children, the court may order each parent to submit appropriate	228
changes to the parent's plan or both of the filed plans to meet	229
the court's objections or may select one filed plan and order each	230
parent to submit appropriate changes to the selected plan to meet	231
the court's objections. If changes to the plan or plans are	232
submitted to meet the court's objections, and if any of the filed	233
plans with the changes is in the best interest of the children,	234
the court may approve the plan with the changes. If changes to the	235
plan or plans are not submitted to meet the court's objections, or	236
if the parents submit changes to the plan or plans to meet the	237
court's objections but the court determines that none of the filed	238
plans with the submitted changes is in the best interest of the	239
children, the court may reject the portion of the parents'	240
pleadings or deny the parents' motion or reject the portion of the	241
parents' pleadings or deny their motions requesting shared	242
parenting of the children and proceed as if the request or	243
requests or the motion or motions had not been made. If the court	244
approves a plan under this division, either as originally filed or	245
with submitted changes, or if the court rejects the portion of the	246
pleadings or denies the motion or motions requesting shared	247
parenting under this division and proceeds as if the request or	248
requests or the motion or motions had not been made, the court	249
shall enter in the record of the case findings of fact and	250
conclusions of law as to the reasons for the approval or the	251
rejection or denial. Division (D)(1)(b) of this section applies in	252
relation to the approval or disapproval of a plan under this	253
division.	254

(b) The approval of a plan under division (D)(1)(a)(ii) or	255
(iii) of this section is discretionary with the court. The court	256
shall not approve more than one plan under either division and	257
shall not approve a plan under either division unless it	258
determines that the plan is in the best interest of the children.	259
If the court, under either division, does not determine that any	260
filed plan or any filed plan with submitted changes is in the best	261
interest of the children, the court shall not approve any plan.	262

(c) Whenever possible, the court shall require that a shared	263
parenting plan approved under division (D)(1)(a)(i), (ii), or	264
(iii) of this section ensure the opportunity for both parents to	265
have frequent and continuing contact with the child, unless	266
frequent and continuing contact with any parent would not be in	267
the best interest of the child.	268

(d) If a court approves a shared parenting plan under	269
division (D)(1)(a)(i), (ii), or (iii) of this section, the	270
approved plan shall be incorporated into a final shared parenting	271
decree granting the parents the shared parenting of the children.	272
Any final shared parenting decree shall be issued at the same time	273
as and shall be appended to the final decree of dissolution,	274
divorce, annulment, or legal separation arising out of the action	275
out of which the question of the allocation of parental rights and	276
responsibilities for the care of the children arose.	277

No provisional shared parenting decree shall be issued in	278
relation to any shared parenting plan approved under division	279
(D)(1)(a)(i), (ii), or (iii) of this section. A final shared	280
parenting decree issued under this division has immediate effect	281
as a final decree on the date of its issuance, subject to	282
modification or termination as authorized by this section.	283

(2) If the court finds, with respect to any child under	284
eighteen years of age, that it is in the best interest of the	285
child for neither parent to be designated the residential parent	286
and legal custodian of the child, it may commit the child to a	287
relative of the child or certify a copy of its findings, together	288
with as much of the record and the further information, in	289
narrative form or otherwise, that it considers necessary or as the	290
juvenile court requests, to the juvenile court for further	291
proceedings, and, upon the certification, the juvenile court has	292
exclusive jurisdiction.	293

(E)(1)(a) The court shall not modify a prior decree	294
allocating parental rights and responsibilities for the care of	295
children unless it finds, based on facts that have arisen since	296
the prior decree or that were unknown to the court at the time of	297
the prior decree, that a change has occurred in the circumstances	298
of the child, the child's residential parent, or either of the	299
parents subject to a shared parenting decree, and that the	300
modification is necessary to serve the best interest of the child.	301
In applying these standards, the court shall retain the	302
residential parent designated by the prior decree or the prior	303
shared parenting decree, unless a modification is in the best	304
interest of the child and one of the following applies:	305

(i) The residential parent agrees to a change in the	306
residential parent or both parents under a shared parenting decree	307
agree to a change in the designation of residential parent.	308

(ii) The child, with the consent of the residential parent or	309
of both parents under a shared parenting decree, has been	310
integrated into the family of the person seeking to become the	311
residential parent.	312

(iii) The harm likely to be caused by a change of environment	313
is outweighed by the advantages of the change of environment to	314
the child.	315

(b) One or both of the parents under a prior decree	316
allocating parental rights and responsibilities for the care of	317
children that is not a shared parenting decree may file a motion	318
requesting that the prior decree be modified to give both parents	319
shared rights and responsibilities for the care of the children.	320
The motion shall include both a request for modification of the	321
prior decree and a request for a shared parenting order that	322
complies with division (G) of this section. Upon the filing of the	323
motion, if the court determines that a modification of the prior	324
decree is authorized under division (E)(1)(a) of this section, the	325
court may modify the prior decree to grant a shared parenting	326
order, provided that the court shall not modify the prior decree	327
to grant a shared parenting order unless the court complies with	328
divisions (A) and (D)(1) of this section and, in accordance with	329
those divisions, approves the submitted shared parenting plan and	330
determines that shared parenting would be in the best interest of	331
the children.	332

(2) In addition to a modification authorized under division	333
(E)(1) of this section:	334

(a) Both parents under a shared parenting decree jointly may	335
modify the terms of the plan for shared parenting approved by the	336
court and incorporated by it into the shared parenting decree.	337
Modifications under this division may be made at any time. The	338
modifications to the plan shall be filed jointly by both parents	339
with the court, and the court shall include them in the plan,	340
unless they are not in the best interest of the children. If the	341
modifications are not in the best interests of the children, the	342
court, in its discretion, may reject the modifications or make	343
modifications to the proposed modifications or the plan that are	344
in the best interest of the children. Modifications jointly	345
submitted by both parents under a shared parenting decree shall be	346
effective, either as originally filed or as modified by the court,	347
upon their inclusion by the court in the plan. Modifications to	348
the plan made by the court shall be effective upon their inclusion	349
by the court in the plan.	350

(b) The court may modify the terms of the plan for shared	351
parenting approved by the court and incorporated by it into the	352
shared parenting decree upon its own motion at any time if the	353
court determines that the modifications are in the best interest	354
of the children or upon the request of one or both of the parents	355
under the decree. Modifications under this division may be made at	356
any time. The court shall not make any modification to the plan	357
under this division, unless the modification is in the best	358
interest of the children.	359

(c) The court may terminate a prior final shared parenting	360
decree that includes a shared parenting plan approved under	361
division (D)(1)(a)(i) of this section upon the request of one or	362
both of the parents or whenever it determines that shared	363
parenting is not in the best interest of the children. The court	364
may terminate a prior final shared parenting decree that includes	365
a shared parenting plan approved under division (D)(1)(a)(ii) or	366
(iii) of this section if it determines, upon its own motion or	367
upon the request of one or both parents, that shared parenting is	368
not in the best interest of the children. If modification of the	369
terms of the plan for shared parenting approved by the court and	370
incorporated by it into the final shared parenting decree is	371
attempted under division (E)(2)(a) of this section and the court	372
rejects the modifications, it may terminate the final shared	373
parenting decree if it determines that shared parenting is not in	374
the best interest of the children.	375

(d) Upon the termination of a prior final shared parenting	376
decree under division (E)(2)(c) of this section, the court shall	377
proceed and issue a modified decree for the allocation of parental	378
rights and responsibilities for the care of the children under the	379
standards applicable under divisions (A), (B), and (C) of this	380
section as if no decree for shared parenting had been granted and	381
as if no request for shared parenting ever had been made.	382

(F)(1) In determining the best interest of a child pursuant	383
to this section, whether on an original decree allocating parental	384
rights and responsibilities for the care of children or a	385
modification of a decree allocating those rights and	386
responsibilities, the court shall consider all relevant factors,	387
including, but not limited to:	388

(a) The wishes of the child's parents regarding the child's	389
care;	390

(b) If the court has interviewed the child in chambers	391
pursuant to division (B) of this section regarding the child's	392
wishes and concerns as to the allocation of parental rights and	393
responsibilities concerning the child, the wishes and concerns of	394
the child, as expressed to the court;	395

(c) The child's interaction and interrelationship with the	396
child's parents, siblings, and any other person who may	397
significantly affect the child's best interest;	398

(d) The child's adjustment to the child's home, school, and	399
community;	400

(e) The mental and physical health of all persons involved in	401
the situation;	402

(f) The parent more likely to honor and facilitate	403
court-approved parenting time rights or visitation and	404
companionship rights;	405

(g) Whether either parent has failed to make all child	406
support payments, including all arrearages, that are required of	407
that parent pursuant to a child support order under which that	408
parent is an obligor;	409

(h) Whether either parent or any member of the household of	410
either parent previously has been convicted of or pleaded guilty	411
to any criminal offense involving any act that resulted in a child	412
being an abused child or a neglected child; whether either parent,	413
in a case in which a child has been adjudicated an abused child or	414
a neglected child, previously has been determined to be the	415
perpetrator of the abusive or neglectful act that is the basis of	416
an adjudication; whether either parent or any member of the	417
household of either parent previously has been convicted of or	418
pleaded guilty to a violation of section 2919.25 of the Revised	419
Code or a sexually oriented offense involving a victim who at the	420
time of the commission of the offense was a member of the family	421
or household that is the subject of the current proceeding;	422
whether either parent or any member of the household of either	423
parent previously has been convicted of or pleaded guilty to any	424
offense involving a victim who at the time of the commission of	425
the offense was a member of the family or household that is the	426
subject of the current proceeding and caused physical harm to the	427
victim in the commission of the offense; and whether there is	428
reason to believe that either parent has acted in a manner	429
resulting in a child being an abused child or a neglected child;	430

(i) Whether the residential parent or one of the parents	431
subject to a shared parenting decree has continuously and	432
willfully denied the other parent's right to parenting time in	433
accordance with an order of the court;	434

(j) Whether either parent has established a residence, or is	435
planning to establish a residence, outside this state.	436

(2) In determining whether shared parenting is in the best	437
interest of the children, the court shall consider all relevant	438
factors, including, but not limited to, the factors enumerated in	439
division (F)(1) of this section, the factors enumerated in section	440
3119.23 of the Revised Code, and all of the following factors:	441

(a) The ability of the parents to cooperate and make	442
decisions jointly, with respect to the children;	443

(b) The ability of each parent to encourage the sharing of	444
love, affection, and contact between the child and the other	445
parent;	446

(c) Any history of, or potential for, child abuse, spouse	447
abuse, other domestic violence, or parental kidnapping by either	448
parent;	449

(d) The geographic proximity of the parents to each other, as	450
the proximity relates to the practical considerations of shared	451
parenting;	452

(e) The recommendation of the guardian ad litem of the child,	453
if the child has a guardian ad litem.	454

(3) When allocating parental rights and responsibilities for	455
the care of children, the court shall not give preference to a	456
parent because of that parent's financial status or condition.	457

(G) Either parent or both parents of any children may file a	458
pleading or motion with the court requesting the court to grant	459
both parents shared parental rights and responsibilities for the	460
care of the children in a proceeding held pursuant to division (A)	461
of this section. If a pleading or motion requesting shared	462
parenting is filed, the parent or parents filing the pleading or	463
motion also shall file with the court a plan for the exercise of	464
shared parenting by both parents. If each parent files a pleading	465
or motion requesting shared parenting but only one parent files a	466
plan or if only one parent files a pleading or motion requesting	467
shared parenting and also files a plan, the other parent as	468
ordered by the court shall file with the court a plan for the	469
exercise of shared parenting by both parents. The plan for shared	470
parenting shall be filed with the petition for dissolution of	471
marriage, if the question of parental rights and responsibilities	472
for the care of the children arises out of an action for	473
dissolution of marriage, or, in other cases, at a time at least	474
thirty days prior to the hearing on the issue of the parental	475
rights and responsibilities for the care of the children. A plan	476
for shared parenting shall include provisions covering all factors	477
that are relevant to the care of the children, including, but not	478
limited to, provisions covering factors such as physical living	479
arrangements, child support obligations, provision for the	480
children's medical and dental care, school placement, and the	481
parent with which the children will be physically located during	482
legal holidays, school holidays, and other days of special	483
importance.	484

(H) If an appeal is taken from a decision of a court that	485
grants or modifies a decree allocating parental rights and	486
responsibilities for the care of children, the court of appeals	487
shall give the case calendar priority and handle it expeditiously.	488

(I)(1) Upon receipt of an order tofor active military	489
service in the uniformed services, a parent who is subject to an	490
order allocating parental rights and responsibilities or in	491
relation to whom an action to allocate parental rights and	492
responsibilities is pending and who is ordered tofor active	493
military service shall notify the other parent who is subject to	494
the order or in relation to whom the case is pending of the order	495
tofor active military service within three days of receiving the	496
military service order. Either	497

(2) On receipt of the notice described in division (I)(1) of	498
this section, either parent may apply to the court for a hearing	499
to expedite an allocation or modification proceeding so that the	500
court can issue an order before the parent's active military	501
service begins. The application shall include the date on which	502
the active military service begins.	503

The court shall schedule a hearing upon receipt of the	504
application and hold the hearing not later than thirty days after	505
receipt of the application, except that the court shall give the	506
case calendar priority and handle the case expeditiously if	507
exigent circumstances exist in the case.	508

The court shall not modify a prior decree allocating parental	509
rights and responsibilities unless the court determines that there	510
has been a change in circumstances of the child, the child's	511
residential parent, or either of the parents subject to a shared	512
parenting decree, and that modification is necessary to serve the	513
best interest of the child. The court may considershall not find	514
past, present, or possible future active military service in the	515
uniformed services in determining whetherto constitute a change	516
in circumstances exists under this section and shalljustifying	517
modification of a prior decree pursuant to division (E) of this	518
section. The court shall make specific written findings of fact to	519
support any modification under this division.	520

Upon application by either parent, the court may modify a	521
prior decree allocating parental rights and responsibilities after	522
the parent's active military service has been terminated, hearing	523
testimony and making specific written findings of fact to support	524
the modification.	525

(3) Nothing in this division (I) of this section shall	526
prevent a court from issuing a temporary order allocating or	527
modifying parental rights and responsibilities for the duration of	528
the parent's active military service. A temporary order shall	529
specify whether the parent's active military service is the basis	530
of the order and shall provide for termination of the temporary	531
order and resumption of the prior order within ten days after	532
receipt of notice pursuant to division (I)(5) of this section,	533
unless the other parent demonstrates that resumption of the prior	534
order is not in the child's best interest.	535

(4) At the request of a parent who is ordered for active	536
military service in the uniformed services and who is a subject of	537
a proceeding pertaining to a temporary order for the allocation or	538
modification of parental rights and responsibilities, the court	539
shall permit the parent to participate in the proceeding and	540
present evidence by electronic means, including communication by	541
telephone, video, or internet.	542

(5) A parent who is ordered for active military service in	543
the uniformed services and who is a subject of a proceeding	544
pertaining to the allocation or modification of parental rights	545
and responsibilities shall provide written notice to the court and	546
the other parent of the date of termination of the parent's active	547
military service not later than thirty days after the date on	548
which the service ends.	549

(J) As used in this section:

550

(1) "Abused child" has the same meaning as in section	551
2151.031 of the Revised Code.	552

(2) "Active military service" means the performance of active	553
military dutyservice by a member of the uniformed services for a	554
period of more than thirty daysin compliance with military orders	555
to report for combat operations, contingency operations,	556
peacekeeping operations, a remote tour of duty, or other active	557
service for which the member is required to report unaccompanied	558
by any family member, including any period of illness, recovery	559
from injury, leave, or other lawful absence during that operation,	560
duty, or service.	561

(3) "Neglected child" has the same meaning as in section	562
2151.03 of the Revised Code.	563

(4) "Sexually oriented offense" has the same meaning as in	564
section 2950.01 of the Revised Code.	565

(5) "Uniformed services" means the Ohio organized militia,	566
the United States armed forces, army national guard and air	567
national guard when engaged in active duty for trainingor any	568
reserve component thereof, or the commissioned corps of the United	569
States public health service.	570

(K) As used in the Revised Code, "shared parenting" means	571
that the parents share, in the manner set forth in the plan for	572
shared parenting that is approved by the court under division	573
(D)(1) and described in division (L)(6) of this section, all or	574
some of the aspects of physical and legal care of their children.	575

(L) For purposes of the Revised Code:

576

(1) A parent who is granted the care, custody, and control of	577
a child under an order that was issued pursuant to this section	578
prior to April 11, 1991, and that does not provide for shared	579
parenting has "custody of the child" and "care, custody, and	580
control of the child" under the order, and is the "residential	581
parent," the "residential parent and legal custodian," or the	582
"custodial parent" of the child under the order.	583

(2) A parent who primarily is allocated the parental rights	584
and responsibilities for the care of a child and who is designated	585
as the residential parent and legal custodian of the child under	586
an order that is issued pursuant to this section on or after April	587
11, 1991, and that does not provide for shared parenting has	588
"custody of the child" and "care, custody, and control of the	589
child" under the order, and is the "residential parent," the	590
"residential parent and legal custodian," or the "custodial	591
parent" of the child under the order.	592

(3) A parent who is not granted custody of a child under an	593
order that was issued pursuant to this section prior to April 11,	594
1991, and that does not provide for shared parenting is the	595
"parent who is not the residential parent," the "parent who is not	596
the residential parent and legal custodian," or the "noncustodial	597
parent" of the child under the order.	598

(4) A parent who is not primarily allocated the parental	599
rights and responsibilities for the care of a child and who is not	600
designated as the residential parent and legal custodian of the	601
child under an order that is issued pursuant to this section on or	602
after April 11, 1991, and that does not provide for shared	603
parenting is the "parent who is not the residential parent," the	604
"parent who is not the residential parent and legal custodian," or	605
the "noncustodial parent" of the child under the order.	606

(5) Unless the context clearly requires otherwise, if an	607
order is issued by a court pursuant to this section and the order	608
provides for shared parenting of a child, both parents have	609
"custody of the child" or "care, custody, and control of the	610
child" under the order, to the extent and in the manner specified	611
in the order.	612

(6) Unless the context clearly requires otherwise and except	613
as otherwise provided in the order, if an order is issued by a	614
court pursuant to this section and the order provides for shared	615
parenting of a child, each parent, regardless of where the child	616
is physically located or with whom the child is residing at a	617
particular point in time, as specified in the order, is the	618
"residential parent," the "residential parent and legal	619
custodian," or the "custodial parent" of the child.	620

(7) Unless the context clearly requires otherwise and except	621
as otherwise provided in the order, a designation in the order of	622
a parent as the residential parent for the purpose of determining	623
the school the child attends, as the custodial parent for purposes	624
of claiming the child as a dependent pursuant to section 152(e) of	625
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	626
1, as amended, or as the residential parent for purposes of	627
receiving public assistance pursuant to division (A)(2) of this	628
section, does not affect the designation pursuant to division	629
(L)(6) of this section of each parent as the "residential parent,"	630
the "residential parent and legal custodian," or the "custodial	631
parent" of the child.	632

(M) The court shall require each parent of a child to file an	633
affidavit attesting as to whether the parent, and the members of	634
the parent's household, have been convicted of or pleaded guilty	635
to any of the offenses identified in divisions (C) and (F)(1)(h)	636
of this section.	637

Sec. 3109.051.  (A) If a divorce, dissolution, legal	638
separation, or annulment proceeding involves a child and if the	639
court has not issued a shared parenting decree, the court shall	640
consider any mediation report filed pursuant to section 3109.052	641
of the Revised Code and, in accordance with division (C) of this	642
section, shall make a just and reasonable order or decree	643
permitting each parent who is not the residential parent to have	644
parenting time with the child at the time and under the conditions	645
that the court directs, unless the court determines that it would	646
not be in the best interest of the child to permit that parent to	647
have parenting time with the child and includes in the journal its	648
findings of fact and conclusions of law. Whenever possible, the	649
order or decree permitting the parenting time shall ensure the	650
opportunity for both parents to have frequent and continuing	651
contact with the child, unless frequent and continuing contact by	652
either parent with the child would not be in the best interest of	653
the child. The court shall include in its final decree a specific	654
schedule of parenting time for that parent. Except as provided in	655
division (E)(6) of section 3113.31 of the Revised Code, if the	656
court, pursuant to this section, grants parenting time to a parent	657
or companionship or visitation rights to any other person with	658
respect to any child, it shall not require the public children	659
services agency to provide supervision of or other services	660
related to that parent's exercise of parenting time or that	661
person's exercise of companionship or visitation rights with	662
respect to the child. This section does not limit the power of a	663
juvenile court pursuant to Chapter 2151. of the Revised Code to	664
issue orders with respect to children who are alleged to be	665
abused, neglected, or dependent children or to make dispositions	666
of children who are adjudicated abused, neglected, or dependent	667
children or of a common pleas court to issue orders pursuant to	668
section 3113.31 of the Revised Code.	669

(B)(1) In a divorce, dissolution of marriage, legal	670
separation, annulment, or child support proceeding that involves a	671
child, the court may grant reasonable companionship or visitation	672
rights to any grandparent, any person related to the child by	673
consanguinity or affinity, or any other person other than a	674
parent, if all of the following apply:	675

(a) The grandparent, relative, or other person files a motion	676
with the court seeking companionship or visitation rights.	677

(b) The court determines that the grandparent, relative, or	678
other person has an interest in the welfare of the child.	679

(c) The court determines that the granting of the	680
companionship or visitation rights is in the best interest of the	681
child.	682

(2) A motion may be filed under division (B)(1) of this	683
section during the pendency of the divorce, dissolution of	684
marriage, legal separation, annulment, or child support proceeding	685
or, if a motion was not filed at that time or was filed at that	686
time and the circumstances in the case have changed, at any time	687
after a decree or final order is issued in the case.	688

(C) When determining whether to grant parenting time rights	689
to a parent pursuant to this section or section 3109.12 of the	690
Revised Code or to grant companionship or visitation rights to a	691
grandparent, relative, or other person pursuant to this section or	692
section 3109.11 or 3109.12 of the Revised Code, when establishing	693
a specific parenting time or visitation schedule, and when	694
determining other parenting time matters under this section or	695
section 3109.12 of the Revised Code or visitation matters under	696
this section or section 3109.11 or 3109.12 of the Revised Code,	697
the court shall consider any mediation report that is filed	698
pursuant to section 3109.052 of the Revised Code and shall	699
consider all other relevant factors, including, but not limited	700
to, all of the factors listed in division (D) of this section. In	701
considering the factors listed in division (D) of this section for	702
purposes of determining whether to grant parenting time or	703
visitation rights, establishing a specific parenting time or	704
visitation schedule, determining other parenting time matters	705
under this section or section 3109.12 of the Revised Code or	706
visitation matters under this section or under section 3109.11 or	707
3109.12 of the Revised Code, and resolving any issues related to	708
the making of any determination with respect to parenting time or	709
visitation rights or the establishment of any specific parenting	710
time or visitation schedule, the court, in its discretion, may	711
interview in chambers any or all involved children regarding their	712
wishes and concerns. If the court interviews any child concerning	713
the child's wishes and concerns regarding those parenting time or	714
visitation matters, the interview shall be conducted in chambers,	715
and no person other than the child, the child's attorney, the	716
judge, any necessary court personnel, and, in the judge's	717
discretion, the attorney of each parent shall be permitted to be	718
present in the chambers during the interview. No person shall	719
obtain or attempt to obtain from a child a written or recorded	720
statement or affidavit setting forth the wishes and concerns of	721
the child regarding those parenting time or visitation matters. A	722
court, in considering the factors listed in division (D) of this	723
section for purposes of determining whether to grant any parenting	724
time or visitation rights, establishing a parenting time or	725
visitation schedule, determining other parenting time matters	726
under this section or section 3109.12 of the Revised Code or	727
visitation matters under this section or under section 3109.11 or	728
3109.12 of the Revised Code, or resolving any issues related to	729
the making of any determination with respect to parenting time or	730
visitation rights or the establishment of any specific parenting	731
time or visitation schedule, shall not accept or consider a	732
written or recorded statement or affidavit that purports to set	733
forth the child's wishes or concerns regarding those parenting	734
time or visitation matters.	735

(D) In determining whether to grant parenting time to a	736
parent pursuant to this section or section 3109.12 of the Revised	737
Code or companionship or visitation rights to a grandparent,	738
relative, or other person pursuant to this section or section	739
3109.11 or 3109.12 of the Revised Code, in establishing a specific	740
parenting time or visitation schedule, and in determining other	741
parenting time matters under this section or section 3109.12 of	742
the Revised Code or visitation matters under this section or	743
section 3109.11 or 3109.12 of the Revised Code, the court shall	744
consider all of the following factors:	745

(1) The prior interaction and interrelationships of the child	746
with the child's parents, siblings, and other persons related by	747
consanguinity or affinity, and with the person who requested	748
companionship or visitation if that person is not a parent,	749
sibling, or relative of the child;	750

(2) The geographical location of the residence of each parent	751
and the distance between those residences, and if the person is	752
not a parent, the geographical location of that person's residence	753
and the distance between that person's residence and the child's	754
residence;	755

(3) The child's and parents' available time, including, but	756
not limited to, each parent's employment schedule, the child's	757
school schedule, and the child's and the parents' holiday and	758
vacation schedule;	759

(4) The age of the child;

760

(5) The child's adjustment to home, school, and community;

761

(6) If the court has interviewed the child in chambers,	762
pursuant to division (C) of this section, regarding the wishes and	763
concerns of the child as to parenting time by the parent who is	764
not the residential parent or companionship or visitation by the	765
grandparent, relative, or other person who requested companionship	766
or visitation, as to a specific parenting time or visitation	767
schedule, or as to other parenting time or visitation matters, the	768
wishes and concerns of the child, as expressed to the court;	769

(7) The health and safety of the child;

770

(8) The amount of time that will be available for the child	771
to spend with siblings;	772

(9) The mental and physical health of all parties;

773

(10) Each parent's willingness to reschedule missed parenting	774
time and to facilitate the other parent's parenting time rights,	775
and with respect to a person who requested companionship or	776
visitation, the willingness of that person to reschedule missed	777
visitation;	778

(11) In relation to parenting time, whether either parent	779
previously has been convicted of or pleaded guilty to any criminal	780
offense involving any act that resulted in a child being an abused	781
child or a neglected child; whether either parent, in a case in	782
which a child has been adjudicated an abused child or a neglected	783
child, previously has been determined to be the perpetrator of the	784
abusive or neglectful act that is the basis of the adjudication;	785
and whether there is reason to believe that either parent has	786
acted in a manner resulting in a child being an abused child or a	787
neglected child;	788

(12) In relation to requested companionship or visitation by	789
a person other than a parent, whether the person previously has	790
been convicted of or pleaded guilty to any criminal offense	791
involving any act that resulted in a child being an abused child	792
or a neglected child; whether the person, in a case in which a	793
child has been adjudicated an abused child or a neglected child,	794
previously has been determined to be the perpetrator of the	795
abusive or neglectful act that is the basis of the adjudication;	796
whether either parent previously has been convicted of or pleaded	797
guilty to a violation of section 2919.25 of the Revised Code	798
involving a victim who at the time of the commission of the	799
offense was a member of the family or household that is the	800
subject of the current proceeding; whether either parent	801
previously has been convicted of an offense involving a victim who	802
at the time of the commission of the offense was a member of the	803
family or household that is the subject of the current proceeding	804
and caused physical harm to the victim in the commission of the	805
offense; and whether there is reason to believe that the person	806
has acted in a manner resulting in a child being an abused child	807
or a neglected child;	808

(13) Whether the residential parent or one of the parents	809
subject to a shared parenting decree has continuously and	810
willfully denied the other parent's right to parenting time in	811
accordance with an order of the court;	812

(14) Whether either parent has established a residence or is	813
planning to establish a residence outside this state;	814

(15) In relation to requested companionship or visitation by	815
a person other than a parent, the wishes and concerns of the	816
child's parents, as expressed by them to the court;	817

(16) Any other factor in the best interest of the child.

818

(E) The remarriage of a residential parent of a child does	819
not affect the authority of a court under this section to grant	820
parenting time rights with respect to the child to the parent who	821
is not the residential parent or to grant reasonable companionship	822
or visitation rights with respect to the child to any grandparent,	823
any person related by consanguinity or affinity, or any other	824
person.	825

(F)(1) If the court, pursuant to division (A) of this	826
section, denies parenting time to a parent who is not the	827
residential parent or denies a motion for reasonable companionship	828
or visitation rights filed under division (B) of this section and	829
the parent or movant files a written request for findings of fact	830
and conclusions of law, the court shall state in writing its	831
findings of fact and conclusions of law in accordance with Civil	832
Rule 52.	833

(2) On or before July 1, 1991, each court of common pleas, by	834
rule, shall adopt standard parenting time guidelines. A court	835
shall have discretion to deviate from its standard parenting time	836
guidelines based upon factors set forth in division (D) of this	837
section.	838

(G)(1) If the residential parent intends to move to a	839
residence other than the residence specified in the parenting time	840
order or decree of the court, the parent shall file a notice of	841
intent to relocate with the court that issued the order or decree.	842
Except as provided in divisions (G)(2), (3), and (4) of this	843
section, the court shall send a copy of the notice to the parent	844
who is not the residential parent. Upon receipt of the notice, the	845
court, on its own motion or the motion of the parent who is not	846
the residential parent, may schedule a hearing with notice to both	847
parents to determine whether it is in the best interest of the	848
child to revise the parenting time schedule for the child.	849

(2) When a court grants parenting time rights to a parent who	850
is not the residential parent, the court shall determine whether	851
that parent has been convicted of or pleaded guilty to a violation	852
of section 2919.25 of the Revised Code involving a victim who at	853
the time of the commission of the offense was a member of the	854
family or household that is the subject of the proceeding, has	855
been convicted of or pleaded guilty to any other offense involving	856
a victim who at the time of the commission of the offense was a	857
member of the family or household that is the subject of the	858
proceeding and caused physical harm to the victim in the	859
commission of the offense, or has been determined to be the	860
perpetrator of the abusive act that is the basis of an	861
adjudication that a child is an abused child. If the court	862
determines that that parent has not been so convicted and has not	863
been determined to be the perpetrator of an abusive act that is	864
the basis of a child abuse adjudication, the court shall issue an	865
order stating that a copy of any notice of relocation that is	866
filed with the court pursuant to division (G)(1) of this section	867
will be sent to the parent who is given the parenting time rights	868
in accordance with division (G)(1) of this section.	869

If the court determines that the parent who is granted the	870
parenting time rights has been convicted of or pleaded guilty to a	871
violation of section 2919.25 of the Revised Code involving a	872
victim who at the time of the commission of the offense was a	873
member of the family or household that is the subject of the	874
proceeding, has been convicted of or pleaded guilty to any other	875
offense involving a victim who at the time of the commission of	876
the offense was a member of the family or household that is the	877
subject of the proceeding and caused physical harm to the victim	878
in the commission of the offense, or has been determined to be the	879
perpetrator of the abusive act that is the basis of an	880
adjudication that a child is an abused child, it shall issue an	881
order stating that that parent will not be given a copy of any	882
notice of relocation that is filed with the court pursuant to	883
division (G)(1) of this section unless the court determines that	884
it is in the best interest of the children to give that parent a	885
copy of the notice of relocation, issues an order stating that	886
that parent will be given a copy of any notice of relocation filed	887
pursuant to division (G)(1) of this section, and issues specific	888
written findings of fact in support of its determination.	889

(3) If a court, prior to April 11, 1991, issued an order	890
granting parenting time rights to a parent who is not the	891
residential parent and did not require the residential parent in	892
that order to give the parent who is granted the parenting time	893
rights notice of any change of address and if the residential	894
parent files a notice of relocation pursuant to division (G)(1) of	895
this section, the court shall determine if the parent who is	896
granted the parenting time rights has been convicted of or pleaded	897
guilty to a violation of section 2919.25 of the Revised Code	898
involving a victim who at the time of the commission of the	899
offense was a member of the family or household that is the	900
subject of the proceeding, has been convicted of or pleaded guilty	901
to any other offense involving a victim who at the time of the	902
commission of the offense was a member of the family or household	903
that is the subject of the proceeding and caused physical harm to	904
the victim in the commission of the offense, or has been	905
determined to be the perpetrator of the abusive act that is the	906
basis of an adjudication that a child is an abused child. If the	907
court determines that the parent who is granted the parenting time	908
rights has not been so convicted and has not been determined to be	909
the perpetrator of an abusive act that is the basis of a child	910
abuse adjudication, the court shall issue an order stating that a	911
copy of any notice of relocation that is filed with the court	912
pursuant to division (G)(1) of this section will be sent to the	913
parent who is granted parenting time rights in accordance with	914
division (G)(1) of this section.	915

If the court determines that the parent who is granted the	916
parenting time rights has been convicted of or pleaded guilty to a	917
violation of section 2919.25 of the Revised Code involving a	918
victim who at the time of the commission of the offense was a	919
member of the family or household that is the subject of the	920
proceeding, has been convicted of or pleaded guilty to any other	921
offense involving a victim who at the time of the commission of	922
the offense was a member of the family or household that is the	923
subject of the proceeding and caused physical harm to the victim	924
in the commission of the offense, or has been determined to be the	925
perpetrator of the abusive act that is the basis of an	926
adjudication that a child is an abused child, it shall issue an	927
order stating that that parent will not be given a copy of any	928
notice of relocation that is filed with the court pursuant to	929
division (G)(1) of this section unless the court determines that	930
it is in the best interest of the children to give that parent a	931
copy of the notice of relocation, issues an order stating that	932
that parent will be given a copy of any notice of relocation filed	933
pursuant to division (G)(1) of this section, and issues specific	934
written findings of fact in support of its determination.	935

(4) If a parent who is granted parenting time rights pursuant	936
to this section or any other section of the Revised Code is	937
authorized by an order issued pursuant to this section or any	938
other court order to receive a copy of any notice of relocation	939
that is filed pursuant to division (G)(1) of this section or	940
pursuant to court order, if the residential parent intends to move	941
to a residence other than the residence address specified in the	942
parenting time order, and if the residential parent does not want	943
the parent who is granted the parenting time rights to receive a	944
copy of the relocation notice because the parent with parenting	945
time rights has been convicted of or pleaded guilty to a violation	946
of section 2919.25 of the Revised Code involving a victim who at	947
the time of the commission of the offense was a member of the	948
family or household that is the subject of the proceeding, has	949
been convicted of or pleaded guilty to any other offense involving	950
a victim who at the time of the commission of the offense was a	951
member of the family or household that is the subject of the	952
proceeding and caused physical harm to the victim in the	953
commission of the offense, or has been determined to be the	954
perpetrator of the abusive act that is the basis of an	955
adjudication that a child is an abused child, the residential	956
parent may file a motion with the court requesting that the parent	957
who is granted the parenting time rights not receive a copy of any	958
notice of relocation. Upon the filing of the motion, the court	959
shall schedule a hearing on the motion and give both parents	960
notice of the date, time, and location of the hearing. If the	961
court determines that the parent who is granted the parenting time	962
rights has been so convicted or has been determined to be the	963
perpetrator of an abusive act that is the basis of a child abuse	964
adjudication, the court shall issue an order stating that the	965
parent who is granted the parenting time rights will not be given	966
a copy of any notice of relocation that is filed with the court	967
pursuant to division (G)(1) of this section or that the	968
residential parent is no longer required to give that parent a	969
copy of any notice of relocation unless the court determines that	970
it is in the best interest of the children to give that parent a	971
copy of the notice of relocation, issues an order stating that	972
that parent will be given a copy of any notice of relocation filed	973
pursuant to division (G)(1) of this section, and issues specific	974
written findings of fact in support of its determination. If it	975
does not so find, it shall dismiss the motion.	976

(H)(1) Subject to section 3125.16 and division (F) of section	977
3319.321 of the Revised Code, a parent of a child who is not the	978
residential parent of the child is entitled to access, under the	979
same terms and conditions under which access is provided to the	980
residential parent, to any record that is related to the child and	981
to which the residential parent of the child legally is provided	982
access, unless the court determines that it would not be in the	983
best interest of the child for the parent who is not the	984
residential parent to have access to the records under those same	985
terms and conditions. If the court determines that the parent of a	986
child who is not the residential parent should not have access to	987
records related to the child under the same terms and conditions	988
as provided for the residential parent, the court shall specify	989
the terms and conditions under which the parent who is not the	990
residential parent is to have access to those records, shall enter	991
its written findings of facts and opinion in the journal, and	992
shall issue an order containing the terms and conditions to both	993
the residential parent and the parent of the child who is not the	994
residential parent. The court shall include in every order issued	995
pursuant to this division notice that any keeper of a record who	996
knowingly fails to comply with the order or division (H) of this	997
section is in contempt of court.	998

(2) Subject to section 3125.16 and division (F) of section	999
3319.321 of the Revised Code, subsequent to the issuance of an	1000
order under division (H)(1) of this section, the keeper of any	1001
record that is related to a particular child and to which the	1002
residential parent legally is provided access shall permit the	1003
parent of the child who is not the residential parent to have	1004
access to the record under the same terms and conditions under	1005
which access is provided to the residential parent, unless the	1006
residential parent has presented the keeper of the record with a	1007
copy of an order issued under division (H)(1) of this section that	1008
limits the terms and conditions under which the parent who is not	1009
the residential parent is to have access to records pertaining to	1010
the child and the order pertains to the record in question. If the	1011
residential parent presents the keeper of the record with a copy	1012
of that type of order, the keeper of the record shall permit the	1013
parent who is not the residential parent to have access to the	1014
record only in accordance with the most recent order that has been	1015
issued pursuant to division (H)(1) of this section and presented	1016
to the keeper by the residential parent or the parent who is not	1017
the residential parent. Any keeper of any record who knowingly	1018
fails to comply with division (H) of this section or with any	1019
order issued pursuant to division (H)(1) of this section is in	1020
contempt of court.	1021

(3) The prosecuting attorney of any county may file a	1022
complaint with the court of common pleas of that county requesting	1023
the court to issue a protective order preventing the disclosure	1024
pursuant to division (H)(1) or (2) of this section of any	1025
confidential law enforcement investigatory record. The court shall	1026
schedule a hearing on the motion and give notice of the date,	1027
time, and location of the hearing to all parties.	1028

(I) A court that issues a parenting time order or decree	1029
pursuant to this section or section 3109.12 of the Revised Code	1030
shall determine whether the parent granted the right of parenting	1031
time is to be permitted access, in accordance with section	1032
5104.011 of the Revised Code, to any child day-care center that	1033
is, or that in the future may be, attended by the children with	1034
whom the right of parenting time is granted. Unless the court	1035
determines that the parent who is not the residential parent	1036
should not have access to the center to the same extent that the	1037
residential parent is granted access to the center, the parent who	1038
is not the residential parent and who is granted parenting time	1039
rights is entitled to access to the center to the same extent that	1040
the residential parent is granted access to the center. If the	1041
court determines that the parent who is not the residential parent	1042
should not have access to the center to the same extent that the	1043
residential parent is granted such access under division (C) of	1044
section 5104.011 of the Revised Code, the court shall specify the	1045
terms and conditions under which the parent who is not the	1046
residential parent is to have access to the center, provided that	1047
the access shall not be greater than the access that is provided	1048
to the residential parent under division (C) of section 5104.011	1049
of the Revised Code, the court shall enter its written findings of	1050
fact and opinions in the journal, and the court shall include the	1051
terms and conditions of access in the parenting time order or	1052
decree.	1053

(J)(1) Subject to division (F) of section 3319.321 of the	1054
Revised Code, when a court issues an order or decree allocating	1055
parental rights and responsibilities for the care of a child, the	1056
parent of the child who is not the residential parent of the child	1057
is entitled to access, under the same terms and conditions under	1058
which access is provided to the residential parent, to any student	1059
activity that is related to the child and to which the residential	1060
parent of the child legally is provided access, unless the court	1061
determines that it would not be in the best interest of the child	1062
to grant the parent who is not the residential parent access to	1063
the student activities under those same terms and conditions. If	1064
the court determines that the parent of the child who is not the	1065
residential parent should not have access to any student activity	1066
that is related to the child under the same terms and conditions	1067
as provided for the residential parent, the court shall specify	1068
the terms and conditions under which the parent who is not the	1069
residential parent is to have access to those student activities,	1070
shall enter its written findings of facts and opinion in the	1071
journal, and shall issue an order containing the terms and	1072
conditions to both the residential parent and the parent of the	1073
child who is not the residential parent. The court shall include	1074
in every order issued pursuant to this division notice that any	1075
school official or employee who knowingly fails to comply with the	1076
order or division (J) of this section is in contempt of court.	1077

(2) Subject to division (F) of section 3319.321 of the	1078
Revised Code, subsequent to the issuance of an order under	1079
division (J)(1) of this section, all school officials and	1080
employees shall permit the parent of the child who is not the	1081
residential parent to have access to any student activity under	1082
the same terms and conditions under which access is provided to	1083
the residential parent of the child, unless the residential parent	1084
has presented the school official or employee, the board of	1085
education of the school, or the governing body of the chartered	1086
nonpublic school with a copy of an order issued under division	1087
(J)(1) of this section that limits the terms and conditions under	1088
which the parent who is not the residential parent is to have	1089
access to student activities related to the child and the order	1090
pertains to the student activity in question. If the residential	1091
parent presents the school official or employee, the board of	1092
education of the school, or the governing body of the chartered	1093
nonpublic school with a copy of that type of order, the school	1094
official or employee shall permit the parent who is not the	1095
residential parent to have access to the student activity only in	1096
accordance with the most recent order that has been issued	1097
pursuant to division (J)(1) of this section and presented to the	1098
school official or employee, the board of education of the school,	1099
or the governing body of the chartered nonpublic school by the	1100
residential parent or the parent who is not the residential	1101
parent. Any school official or employee who knowingly fails to	1102
comply with division (J) of this section or with any order issued	1103
pursuant to division (J)(1) of this section is in contempt of	1104
court.	1105

(K) If any person is found in contempt of court for failing	1106
to comply with or interfering with any order or decree granting	1107
parenting time rights issued pursuant to this section or section	1108
3109.12 of the Revised Code or companionship or visitation rights	1109
issued pursuant to this section, section 3109.11 or 3109.12 of the	1110
Revised Code, or any other provision of the Revised Code, the	1111
court that makes the finding, in addition to any other penalty or	1112
remedy imposed, shall assess all court costs arising out of the	1113
contempt proceeding against the person and require the person to	1114
pay any reasonable attorney's fees of any adverse party, as	1115
determined by the court, that arose in relation to the act of	1116
contempt, and may award reasonable compensatory parenting time or	1117
visitation to the person whose right of parenting time or	1118
visitation was affected by the failure or interference if such	1119
compensatory parenting time or visitation is in the best interest	1120
of the child. Any compensatory parenting time or visitation	1121
awarded under this division shall be included in an order issued	1122
by the court and, to the extent possible, shall be governed by the	1123
same terms and conditions as was the parenting time or visitation	1124
that was affected by the failure or interference.	1125

(L) Any parent who requests reasonable parenting time rights	1126
with respect to a child under this section or section 3109.12 of	1127
the Revised Code or any person who requests reasonable	1128
companionship or visitation rights with respect to a child under	1129
this section, section 3109.11 or 3109.12 of the Revised Code, or	1130
any other provision of the Revised Code may file a motion with the	1131
court requesting that it waive all or any part of the costs that	1132
may accrue in the proceedings. If the court determines that the	1133
movant is indigent and that the waiver is in the best interest of	1134
the child, the court, in its discretion, may waive payment of all	1135
or any part of the costs of those proceedings.	1136

(M)(1) A parent who receives an order for active military	1137
service in the uniformed services and who is subject to a	1138
parenting time order may apply to the court for any of the	1139
following temporary orders for the period extending from the date	1140
of the parent's departure to the date of return:	1141

(a) An order delegating all or part of the parent's parenting	1142
time with the child to a relative or to another person who has a	1143
close and substantial relationship with the child if the	1144
delegation is in the child's best interest;	1145

(b) An order that the other parent make the child reasonably	1146
available for parenting time with the parent when the parent is on	1147
leave from active military service;	1148

(c) An order that the other parent facilitate contact,	1149
including telephone and electronic contact, between the parent and	1150
child while the parent is on active military service.	1151

(2)(a) Upon receipt of an order for active military service,	1152
a parent who is subject to a parenting time order and seeks an	1153
order under division (M)(1) of this section shall notify the other	1154
parent who is subject to the parenting time order and apply to the	1155
court as soon as reasonably possible after receipt of the order	1156
for active military service. The application shall include the	1157
date on which the active military service begins.	1158

(b) The court shall schedule a hearing upon receipt of an	1159
application under division (M) of this section and hold the	1160
hearing not later than thirty days after its receipt, except that	1161
the court shall give the case calendar priority and handle the	1162
case expeditiously if exigent circumstances exist in the case.	1163

(c) In determining whether a delegation under division	1164
(M)(1)(a) of this section is in the child's best interest, the	1165
court shall consider all relevant factors, including the factors	1166
set forth in division (D) of this section.	1167

(d) An order delegating all or part of the parent's parenting	1168
time pursuant to division (M)(1)(a) of this section does not	1169
create standing on behalf of the person to whom parenting time is	1170
delegated to assert visitation or companionship rights independent	1171
of the order.	1172

(3) At the request of a parent who is ordered for active	1173
military service in the uniformed services and who is a subject of	1174
a proceeding pertaining to a parenting time order or pertaining to	1175
a request for companionship rights or visitation with a child, the	1176
court shall permit the parent to participate in the proceeding and	1177
present evidence by electronic means, including communication by	1178
telephone, video, or internet.	1179

(N) The juvenile court has exclusive jurisdiction to enter	1180
the orders in any case certified to it from another court.	1181

(N)(O) As used in this section:

1182

(1) "Abused child" has the same meaning as in section	1183
2151.031 of the Revised Code, and "neglected child" has the same	1184
meaning as in section 2151.03 of the Revised Code.	1185

(2) "Active military service" and "uniformed services" have	1186
the same meanings as in section 3109.04 of the Revised Code.	1187

(3) "Confidential law enforcement investigatory record" has	1188
the same meaning as in section 149.43 of the Revised Code.	1189

(4) "Parenting time order" means an order establishing the	1190
amount of time that a child spends with the parent who is not the	1191
residential parent or the amount of time that the child is to be	1192
physically located with a parent under a shared parenting order.	1193

(5) "Record" means any record, document, file, or other	1194
material that contains information directly related to a child,	1195
including, but not limited to, any of the following:	1196

(a) Records maintained by public and nonpublic schools;

1197

(b) Records maintained by facilities that provide child care,	1198
as defined in section 5104.01 of the Revised Code, publicly funded	1199
child care, as defined in section 5104.01 of the Revised Code, or	1200
pre-school services operated by or under the supervision of a	1201
school district board of education or a nonpublic school;	1202

(c) Records maintained by hospitals, other facilities, or	1203
persons providing medical or surgical care or treatment for the	1204
child;	1205

(d) Records maintained by agencies, departments,	1206
instrumentalities, or other entities of the state or any political	1207
subdivision of the state, other than a child support enforcement	1208
agency. Access to records maintained by a child support	1209
enforcement agency is governed by section 3125.16 of the Revised	1210
Code.	1211

(3) "Confidential law enforcement investigatory record" has	1212
the same meaning as in section 149.43 of the Revised Code.	1213

Section 2.  That existing sections 3109.04 and 3109.051 of	1214
the Revised Code are hereby repealed.	1215