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How Has Franklin County Local Rule 27 Changed?

The Franklin County Court of Common Pleas, Domestic Relations Division has local rules regarding parenting time and visitation. Specifically, Local Rule 27 governs parenting time schedules. This rule provides a model for parents in crafting a parenting time schedule and covers topics ranging from when each parent has time with his/her children and transportation to exchanging clothing. In addition, Local Rule 27 provides different model parenting time schedules for parents traveling under 90 miles and for parents traveling over 90 miles, with significant differences between the two schedules.

Local Rule 27was modified effective January 1, 2015 and is now known as Local Rule 27.1. While the Rule was not completely overhauled, significant changes were made. The Rule was changed particularly for parents traveling under 90 miles away.

The old Rule provided that parents traveling under 90 miles would agree on when parenting time would occur, but would not be less than:

  1. Weekends: Alternative weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. This alternating schedule shall not change, even when interrupted by holiday and birthday, summer and/or vacation parenting time.
  2. Weekdays: One weekday per week from 5:00 p.m. to 8:00 p.m. which shall be Wednesday unless otherwise agreed and designated herein.

The new Rule provides that the parents shall agree on when parenting time will occur, but in the absence of an agreement one of four options will be chosen:

Option A

  1. The children shall reside equally with both parents on an alternating weekly basis. The children shall transition from one parent’s residence to the other every Sunday at 6:00 p.m. unless the parties agree upon a different day and time.
  2. The parent who is not exercising weekly parenting time shall be entitled to spend one weekday evening with the children from 5:00 p.m. until 8:00 p.m., which shall be Wednesday unless otherwise agreed. The parent exercising weekday evening parenting time shall be responsible for picking up AND returning the children for this parenting time.

Option B

  1. Weekends: Alternate weekends from Friday at 6:00 p.m. until Monday at 6:00 p.m. This alternating weekend schedule shall not change, even when interrupted by holiday and birthday, summer and/or vacation parenting time.
  2. Weekdays: Mother/Father shall have parenting time with the children each Monday beginning at 6:00 p.m. until drop-off to school/daycare on Wednesday (or 6:00 p.m. if no school), Mother/Father shall have parenting time with the children from Wednesday after school (or 6:00 p.m. if no school) until drop-off to school/daycare on Friday (or 6:00 p.m. if no school).

Option C

  1. Weekends: Alternate weekends from Friday at 6:00 p.m. until Monday at 6:00 p.m. This alternating weekend schedule shall not change, even when interrupted by holiday and birthday, summer and/or vacation parenting time.
  2. Weekdays: Mother/ Father shall have one weekday overnight per week from 6:00 p.m. until the next morning to school/day care or 8:00 a.m., whichever is applicable. This overnight shall be Wednesday unless otherwise agreed. The parent exercising weekday overnight parenting time shall be responsible for all transportation during this parenting time. The other parent shall have the remaining weekday parenting time.

Option D

  1. Weekends: Alternate weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. This alternating weekend schedule shall not change, even when interrupted by holiday and birthday, summer and/or vacation parenting time.
  2. Weekdays: Mother/Father (circle one) shall have one weekday evening per week from 5:00 p.m. to 8:00 p.m. which shall be Wednesday unless otherwise agreed. The parent exercising weekday evening parenting time shall be responsible for picking up AND returning the children for this parenting time. The other parent shall have the remaining weekday parenting time.

The new Rule also adjusts parenting time during the summer. The old Rule provided that each parent would have one-half of the summer, with each parent having different halves depending upon whether it was an odd or even numbered year. The new Rule states that parenting shall rotate in two week blocks of time with the parents decided on who exercises the first two week block.

Finally, the new Rule provides more details on the transportation responsibilities of the parents, which reflects the significant change made with how parenting time is allocated.