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The Parent Who Is Not The Residential One

ORC 3109.051 — records, school activities, the child care center, and notice of a move

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Not being the residential parent does not make a parent a stranger to the child's records. The section gives that parent access to any record related to the child that the residential parent can legally get, on the same terms and conditions, unless the court determines that would not be in the child's best interest.

Same terms, unless the court says otherwise in writing. Where a court decides that the other parent should not have access on the same terms, the section requires it to specify the terms that do apply, enter written findings of fact and an opinion in the journal, and issue an order with those terms to both parents. The access runs subject to two other sections the section names, one on support records and one on student records.

  • Student activities: once a court has allocated parental rights, the parent who is not the residential parent is entitled to access to any student activity related to the child that the residential parent can legally access, on the same terms, unless the court determines it is not in the child's best interest.
  • The child care center: unless the court determines otherwise, a parent granted parenting time is entitled to access to the child's child care center to the same extent as the residential parent.

A move starts with a notice filed with the court. A residential parent who intends to move to a residence other than the one in the parenting time order or decree files a notice of intent to relocate with the court that issued it. The court then, on its own motion or the other parent's, may schedule a hearing on whether revising the parenting time schedule is in the child's best interest.

Whether the other parent gets a copy of that notice depends on an order the court makes when it grants parenting time. Where that parent has no conviction for domestic violence against a member of the family or household, no conviction for another offence that physically harmed one, and has not been found to have committed the abuse behind a child abuse adjudication, the order says a copy will be sent. Where one of those applies, the order says no copy will be sent, unless the court finds in writing that sending it is in the child's best interest.

The two sections the records access runs subject to, on support and on student records, carry their own limits and are not on this page. Parenting time itself, and the bar on holding back support over it, are on the support and parenting time page. Whether a particular office's refusal is lawful under a particular order is a question for a licensed Ohio attorney.

Sources for this section (1)
  1. ORC 3109.051 — Parenting time, and the bar on withholding support over it

Legal information, not legal advice. Verified as of September 2026. Talk to a licensed Ohio attorney about your situation.

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