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Ohio Statutes, Title 31

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Title 31, Title 31. Domestic Relations-Children

15 chapters · 879 sections in this title.

All chapters in Title 31879 Ch 3119, Chapter 3119 | Calculation Of Child …127 Ch 3123, Chapter 3123 | Defaults Under Child …116 Ch 3121, Chapter 3121 | Collection and Disbur…95 Ch 3111, Chapter 3111 | Parentage90 Ch 3107, Chapter 3107 | Adoption81 Ch 3109, Chapter 3109 | Children81 Ch 3115, Chapter 3115 | Uniform Interstate Fa…78 Ch 3105, Chapter 3105 | Divorce, Alimony, Ann…52 Ch 3125, Chapter 3125 | Title IV-D Child Supp…47 Ch 3127, Chapter 3127 | Uniform Child Custody…41 Ch 3113, Chapter 3113 | Neglect, Abandonment,…30 Ch 3101, Chapter 3101 | Marriage18 Ch 3103, Chapter 3103 | Husband And Wife9 Ch 3117, Chapter 3117 | Conciliation Of Marit…8

41 sections·Filtered byTitle 31✕Ch 3127✕

Ohio Rev. Code Ann. § 3127.01 Definitions
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(A) As used in the Revised Code, "uniform child custody jurisdiction and enforcement act" means the act addressing interstate recognition and enforcement of child custody orders adopted in 1997 by the national conference of commissioners on uniform state laws or any law substanti…
Ohio Rev. Code Ann. § 3127.02 Application of chapter
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Sections 3127.01 to 3127.53 of the Revised Code do not govern adoption proceedings or proceedings pertaining to the authorization of emergency medical care for a child.
Ohio Rev. Code Ann. § 3127.03 Custody proceeding pertaining to Indian child
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(A) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. 1901 et seq., is not subject to sections 3127.01 to 3127.53 of the Revised Code to the extent that the proceeding is governed by the Indian Child Welfare Act.(B) …
Ohio Rev. Code Ann. § 3127.04 Foreign country treated as state - enforcement of foreign custody determinations
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(A) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying sections 3127.01 to 3127.24 of the Revised Code.(B) Except as otherwise provided in division (C) of this section, a child custody determination made in a…

Ohio Rev. Code Ann. § 3127.05 Custody determinations under chapter as binding

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A child custody determination made by a court of this state with jurisdiction under sections 3127.01 to 3127.53 of the Revised Code binds all persons who have been served in accordance with the laws of this state, notified in accordance with section 3127.07 of the Revised Code, o…

Ohio Rev. Code Ann. § 3127.06 Calendar priorities

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Upon the request of a party to a child custody proceeding that raises a question of existence or exercise of jurisdiction under sections 3127.01 to 3127.53 of the Revised Code, the question shall be given calendar priority and handled expeditiously.

Ohio Rev. Code Ann. § 3127.07 Notice and proof of service for personal jurisdiction outside Ohio

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(A) Notice required for the exercise of jurisdiction over a person outside this state may be given in a manner prescribed by the Rules of Civil Procedure, or the Rules of Juvenile Procedure, as appropriate, for service of process or by the law of the state in which the service is…

Ohio Rev. Code Ann. § 3127.08 Immunity to personal jurisdiction regarding unrelated matter

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(A) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by re…

Ohio Rev. Code Ann. § 3127.09 Communication with non-Ohio court - opportunity to participate

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(A) A court of this state may communicate with a court in another state concerning a proceeding arising under sections 3127.01 to 3127.53 of the Revised Code.(B) The court may give the parties the opportunity to participate in the communication. If the parties are not able to par…

Ohio Rev. Code Ann. § 3127.10 Testimony of out-of state witnesses

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(A) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony …

Ohio Rev. Code Ann. § 3127.11 Requests to or from non-Ohio court - expenses - forwarding of copies

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(A) A court of this state may request the appropriate court of another state to do any of the following:(1) Hold an evidentiary hearing;(2) Order a person to produce or give evidence pursuant to procedures of that state;(3) Order that an evaluation be made concerning the allocati…

Ohio Rev. Code Ann. § 3127.15 Jurisdictional basis for initial custody determination

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(A) Except as otherwise provided in section 3127.18 of the Revised Code, a court of this state has jurisdiction to make an initial determination in a child custody proceeding only if one of the following applies:(1) This state is the home state of the child on the date of the com…

Ohio Rev. Code Ann. § 3127.16 Exclusive continuing jurisdiction over determination - termination

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Except as otherwise provided in section 3127.18 of the Revised Code, a court of this state that has made a child custody determination consistent with section 3127.15 or 3127.17 of the Revised Code has exclusive, continuing jurisdiction over the determination until the court or a…

Ohio Rev. Code Ann. § 3127.17 Modification of custody determination of non-Ohio court

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Except as otherwise provided in section 3127.18 of the Revised Code, a court of this state may not modify a child custody determination made by a court of another state unless the court of this state has jurisdiction to make an initial determination under division (A)(1) or (2) o…

Ohio Rev. Code Ann. § 3127.18 Temporary emergency jurisdiction - no previous custody determination

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(A) A court of this state has temporary emergency jurisdiction if a child is present in this state and either of the following applies: (1) The child has been abandoned.(2) It is necessary in an emergency to protect the child because the child, or a sibling or parent of the child…

Ohio Rev. Code Ann. § 3127.19 Notice and opportunity to be heard

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(A) Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards set forth in section 3127.07 of the Revised Code shall be given to all persons entitled to notice under the law of this state as in child cu…

Ohio Rev. Code Ann. § 3127.20 Custody proceeding pending in another state

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(A) Except as otherwise provided in section 3127.18 of the Revised Code, a court of this state may not exercise its jurisdiction under sections 3127.15 to 3127.17 of the Revised Code if, at the time of the commencement of the proceeding, a child custody proceeding concerning the …

Ohio Rev. Code Ann. § 3127.21 Jurisdiction declined - forum non conveniens

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(A) A court of this state that has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more conv…

Ohio Rev. Code Ann. § 3127.22 Jurisdiction declined - unjustifiable conduct - remedy - assessment of expenses

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(A) Except as otherwise provided in section 3127.18 of the Revised Code or another law of this state, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to …

Ohio Rev. Code Ann. § 3127.23 Contents of pleading or affidavit

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(A) Each party in a child custody proceeding, in the party's first pleading or in an affidavit attached to that pleading, shall give information if reasonably ascertainable under oath as to the child's present address or whereabouts, the places where the child has lived within th…

Ohio Rev. Code Ann. § 3127.24 Order to appear - costs

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(A) The court may order any party to a child custody proceeding who is in this state to appear personally before the court with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear personally with…

Ohio Rev. Code Ann. § 3127.31 Definitions - petitioner and respondent

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As used in sections 3127.31 to 3127.47 of the Revised Code:(A) "Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.(B) …

Ohio Rev. Code Ann. § 3127.32 Enforcement of order for return of child under Hague convention

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Under this chapter, and subject to sections 2101.022 and 2301.03 of the Revised Code, a juvenile court or other court with appropriate jurisdiction may enforce an order for the return of a child made under the Hague Convention on the Civil Aspects of International Child Abduction…

Ohio Rev. Code Ann. § 3127.33 Recognition of custody determination of non-Ohio court

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(A) A court of this state shall recognize and enforce a child custody determination of a court of another state if that state exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional st…

Ohio Rev. Code Ann. § 3127.34 Temporary enforcement order by court lacking jurisdiction to modify custody

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(A) A court of this state that does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing either of the following:(1) A parenting time or visitation schedule made by a court of another state;(2) The parenting time or visitation provis…

Ohio Rev. Code Ann. § 3127.35 Registration of child custody determination by non-Ohio court - contest of validity

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(A) Subject to sections 2101.022 and 2301.03 of the Revised Code, the clerk of a juvenile court or other court with appropriate jurisdiction may register a child custody determination issued by a court of another state, with or without a simultaneous request for enforcement, on r…

Ohio Rev. Code Ann. § 3127.36 Enforcement of registered custody determination by non-Ohio court

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(A) Subject to sections 2101.022 and 2301.03 of the Revised Code, a juvenile court or other court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state.(B) Subject to …

Ohio Rev. Code Ann. § 3127.37 Communication with non-Ohio court where modification proceeding pending

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Subject to sections 2101.022 and 2301.03 of the Revised Code, if a proceeding for enforcement under sections 3127.31 to 3127.46 of the Revised Code is commenced in a juvenile court or other court of this state with appropriate jurisdiction and the court determines that a proceedi…

Ohio Rev. Code Ann. § 3127.38 Petition for enforcement of custody determination - procedure - order

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(A) A petition for enforcement pursuant to sections 3127.31 to 3127.46 of the Revised Code must be verified. All orders sought to be enforced and any order confirming registration must be attached to the petition. The orders attached to the petition shall be the original or a cer…

Ohio Rev. Code Ann. § 3127.39 Service of petition and order

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Except as otherwise provided in section 3127.41 of the Revised Code, the petition and order shall be served by any method authorized by the Rules of Civil Procedure upon respondent and any person who has physical custody of the child.

Ohio Rev. Code Ann. § 3127.40 Order to take immediate physical possession of child - additional relief - privileges

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(A) Unless the court issues a temporary emergency order pursuant to section 3127.18 of the Revised Code, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the c…

Ohio Rev. Code Ann. § 3127.41 Warrant to take physical custody where imminent danger of harm or removal

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(A) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is imminently likely to suffer serious physical harm or be remov…

Ohio Rev. Code Ann. § 3127.42 Award of fees, expenses and costs to prevailing party

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(A) A court shall award the prevailing party in an action to enforce a child custody determination, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses f…

Ohio Rev. Code Ann. § 3127.43 Full faith and credit to orders issued by court of another state

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A court of this state shall accord full faith and credit to an order issued by another state consistent with this chapter that enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction …

Ohio Rev. Code Ann. § 3127.44 Appeal from final order

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An appeal may be taken from a final order in a proceeding under sections 3127.31 to 3127.47 of the Revised Code. The supreme court of this state shall, by rule, provide for expedited appellate review of cases appealed under this section. Unless the court enters a temporary emerge…

Ohio Rev. Code Ann. § 3127.45 Actions to locate, obtain return of child, or enforce custody determination

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(A) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects in International Child Abduction, the prosecutor may take any lawful action, including resort to a proceeding under sections 3127.31 to 3127.47 of the Revised Code or any other availab…

Ohio Rev. Code Ann. § 3127.46 Authorized enforcement actions by law enforcement officer

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At the request of a prosecutor or other appropriate public official acting under section 3127.45 of the Revised Code, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist the prosecutor or appropriate public official wi…

Ohio Rev. Code Ann. § 3127.47 Assessment of enforcement expenses and costs against losing party

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If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or other appropriate public official and law enforcement officers under section 3127.45 or 3127.46 of the Revised Code.

Ohio Rev. Code Ann. § 3127.51 Construction of chapter to promote uniformity

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In applying and construing sections 3127.01 to 3127.53 of the Revised Code, consideration shall be given to the need to promote uniformity of law with respect to its subject matter among states that enact a uniform child custody jurisdiction and enforcement act.

Ohio Rev. Code Ann. § 3127.52 Provisions of chapter severable

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If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions…

Ohio Rev. Code Ann. § 3127.53 Prospective application of chapter

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A motion or other request for relief made in a parenting or child custody proceeding or to enforce a parenting or child custody determination that was commenced before the effective date of this section is governed by the law in effect at the time the motion or other request was …