Ohio Revised Code Search
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Section 3115.903 | Severability.
...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 of this chapter are severable. |
Section 3127.01 | Definitions.
...ld 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 substantially similar to the act adopted by another state. (B) As used in sections 3127.01 to 3127.53 of the Revised Code: (1) "Abandoned" means the parents of a child have failed to visit or ... |
Section 3127.02 | Application of chapter.
...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. |
Section 3127.03 | Custody proceeding pertaining to 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) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying sections 3127.01 to 3127.53 of the Revised Code. (C) A child custody determination made... |
Section 3127.04 | Foreign country treated as state - enforcement of foreign custody determinations.
...nation made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of sections 3127.01 to 3127.53 of the Revised Code shall be recognized and enforced under sections 3127.31 to 3127.47 of the Revised Code. (C) A court of this state need not apply sections 3127.01 to 3127.53 of the Revised Code if the law governing child custody determinations of a foreign country... |
Section 3127.05 | Custody determinations under chapter as binding.
...ve as to all decided issues of law and fact except to the extent the determination is modified. |
Section 3127.06 | Calendar priorities.
...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. |
Section 3127.07 | Notice and proof of service for personal jurisdiction outside Ohio.
... a manner reasonably calculated to give actual notice but may be by publication if other means are not effective. (B) Proof of service may be made in the manner prescribed by the Rules of Civil Procedure, or the Rules of Juvenile Procedure, as appropriate, or by the law of the state in which the service is made. (C) Notice is not required if the person submits to the jurisdiction of the court. |
Section 3127.08 | Immunity to personal jurisdiction regarding unrelated matter.
...not extend to civil litigation based on acts unrelated to the participation in a proceeding under sections 3127.01 to 3127.53 of the Revised Code that are committed by an individual while present in this state. |
Section 3127.09 | Communication with non-Ohio court - opportunity to participate.
...ll be given the opportunity to present facts and legal arguments before a decision concerning jurisdiction is made. (C) Communication between courts concerning scheduling, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication. (D) Except as otherwise provided in division (C) of this section, a record shall be made of a communication und... |
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.
... from this state but a parent or person acting as a parent continues to live in this state. (2) A court of another state does not have jurisdiction under division (A)(1) of this section or a court of the home state of the child has declined to exercise jurisdiction on the basis that this state is the more appropriate forum under section 3127.21 or 3127.22 of the Revised Code, or a similar statute of the other state,... |
Section 3127.16 | Exclusive continuing jurisdiction over determination - termination.
...ld, the child's parents, and any person acting as a parent do not presently reside in this state. |
Section 3127.17 | Modification of custody determination of non-Ohio court.
...ld, the child's parents, and any person acting as a parent do not presently reside in the other state. |
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 3127.21 | Jurisdiction declined - forum non conveniens.
...mation and shall consider all relevant factors, including the following: (1) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child; (2) The length of time the child has resided outside this state; (3) The distance between the court in this state and the court in the state that would assume jurisdiction; (4) The relative financia... |
Section 3127.22 | Jurisdiction declined - unjustifiable conduct - remedy - assessment of expenses.
...plies: (1) The parents and all persons acting as parents have agreed to the exercise of jurisdiction. (2) A court of the state otherwise having jurisdiction under sections 3127.15 to 3127.17 of the Revised Code determines that this state is a more appropriate forum under section 3127.21 of the Revised Code or a similar statute of the state. (3) No court of any other state would have jurisdiction under the criteria... |
Section 3127.23 | Contents of pleading or affidavit.
... (E) A public children services agency, acting pursuant to a complaint or an action on a complaint filed under section 2151.27 of the Revised Code, is not subject to the requirements of this section. (F) As used in this section, "abused child" has the same meaning as in section 2151.031 of the Revised Code, "neglected child" has the same meaning as in section 2151.03 of the Revised Code, and "dependent child" has t... |
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.
...er 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 remedy available under other law of this state to enforce a child custody determination made by a court of another state. The remedies provided in sections 3127.31 to 3127.47 of the Revised ... |