Ohio Revised Code Search
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Section 3127.07 | Notice and proof of service for personal jurisdiction outside Ohio.
...(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 made. Notice shall be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effect... |
Section 3127.08 | Immunity to personal jurisdiction regarding unrelated matter.
...(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 reason of having participated, or of having been physically present for the purpose of participating, in the child custody proceeding. (B) A ... |
Section 3127.09 | Communication with non-Ohio court - opportunity to participate.
...(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 participate in the communication, they shall be given the opportunity to present facts and legal arguments before a decision concerning juris... |
Section 3127.10 | Testimony of out-of state witnesses.
...(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 taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the... |
Section 3127.11 | Requests to or from non-Ohio court - expenses - forwarding of copies.
...(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 allocation of parental rights and responsibilities for the care of a child involved in a pending proceeding with respect to the designation of... |
Section 3127.15 | Jurisdictional basis for initial custody determination.
...(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 commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child ... |
Section 3127.16 | Exclusive continuing jurisdiction over determination - termination.
...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 court of another state determines that the child, the child's parents, and any person acting as a parent do not presently reside in this st... |
Section 3127.17 | Modification of custody determination of non-Ohio court.
...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) of section 3127.15 of the Revised Code and one of the following applies: (A) The court of the other state determines that it no longer has e... |
Section 3127.18 | Temporary emergency jurisdiction - no previous custody determination.
...(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, is subjected to or threatened with mistreatment or abuse. (B) If there is no previous child custody determination that is entitl... |
Section 3127.19 | Notice and opportunity to be heard.
...(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 custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person havi... |
Section 3127.20 | Custody proceeding pending in another state.
...(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 child is pending in a court of another state having jurisdiction substantially in conformity with this chapter, unless the proceeding has be... |
Section 3127.22 | Jurisdiction declined - unjustifiable conduct - remedy - assessment of expenses.
...(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 exercise its jurisdiction unless one of the following applies: (1) The parents and all persons acting as parents have agreed to the exercis... |
Section 3127.24 | Order to appear - costs.
...(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 the child. (B) If a party to a child custody proceeding whose presence is desired by the court is outside this state with or without the ... |
Section 3127.31 | Definitions - petitioner and respondent.
...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) "Respondent" means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hag... |
Section 3127.32 | Enforcement of order for return of child under Hague convention.
...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 as if it were a child custody determination. |
Section 3127.33 | Recognition of custody determination of non-Ohio court.
...(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 standards of this chapter and the determination has not been modified in accordance with this chapter. (B) A court of this state may use any ... |
Section 3127.34 | Temporary enforcement order by court lacking jurisdiction to modify custody.
...(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 provisions of a child custody determination of another state that does not provide for a specific parenting time or visitation schedule. (B) ... |
Section 3127.35 | Registration of child custody determination by non-Ohio court - contest of validity.
...(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 receipt of all of the following: (1) A letter or other document requesting that the child custody determination be registered; (2) Two copi... |
Section 3127.36 | Enforcement of registered custody determination by non-Ohio court.
...(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 sections 2101.022 and 2301.03 of the Revised Code, a juvenile court and each other court of this state shall recognize and enforce, but ma... |
Section 3127.37 | Communication with non-Ohio court where modification proceeding pending.
...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 proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under sections 3127.15... |
Section 3127.39 | Service of petition and order.
...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. |
Section 3127.40 | Order to take immediate physical possession of child - additional relief - privileges.
...(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 child unless the respondent establishes either of the following: (1) That the child custody determination has not been registered and confir... |
Section 3127.41 | Warrant to take physical custody where imminent danger of harm or removal.
...(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 removed from this state. (B) If the court, upon the testimony of the petitioner or another witness, finds that the child is imminently likely to... |
Section 3127.42 | Award of fees, expenses and costs to prevailing party.
...(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 for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought e... |
Section 3127.43 | Full faith and credit to orders issued by court of another state.
...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 to do so under sections 3127.15 to 3127.24 of the Revised Code or a similar statute of another state. |