Ohio Revised Code Search
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Section 3105.34 | Restoring name before marriage.
...If the court determines that a marriage is void or that a judgment of nullity ought to be granted, the court may in its discretion, and regardless of whether or not a request therefor was included in the prayer of the complaint as a part of such judgment, restore any name that the person had before the marriage. |
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Section 3105.41 | Definitions for sections 3105.41 to 3105.54.
...As used in sections 3105.41 to 3105.54 of the Revised Code: (A) "Collaborative family law communication" means any statement that occurs after the parties sign a collaborative family law participation agreement and before the collaborative family law process is concluded and that is made for the purpose of conducting, participating in, continuing, or reconvening a collaborative law process. (B) "Collaborativ... |
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Section 3105.42 | Laws applicable to collaborative family law participation agreement.
...(A) Sections 3105.41 to 3105.54 of the Revised Code apply to a collaborative family law participation agreement that meets the requirements of section 3105.43 of the Revised Code and is signed on or after the effective date of this section. (B) A court may not order a party to participate in a collaborative family law process over that party's objection. |
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Section 3105.43 | Collaborative family law participation agreements; mandatory inclusions.
...(A) A collaborative family law participation agreement must be in a record, be signed by the parties, and include all of the following: (1) A statement of the parties' intent to resolve a matter through a collaborative family law process under sections 3105.41 to 3105.55 of the Revised Code; (2) A description of the nature and scope of the matter; (3) The identity of the collaborative family lawyer who repre... |
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Section 3105.44 | Collaborative family law process.
...(A) A collaborative family law process begins when the parties sign a collaborative family law participation agreement. (B) A collaborative family law process is concluded by any of the following: (1) A negotiated resolution of the matter as evidenced by a signed record; (2) A negotiated resolution of a portion of the matter as evidenced by a signed record in which the parties agree that the remaining port... |
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Section 3105.45 | Representation by collaborative family lawyer.
...(A) Except as otherwise provided in division (C) of this section, a collaborative family lawyer may not appear before a court to represent a party in a proceeding related to the collaborative family law matter. A collaborative family lawyer representing a party that is a government or governmental subdivision, agency, or instrumentality is subject to disqualification under this division. (B) Except as otherwi... |
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Section 3105.46 | Informal disclosure of information.
...During the collaborative family law process, at the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery and shall update promptly information that has materially changed. Parties may define the scope of disclosure, except as otherwise provided by law. |
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Section 3105.47 | Applicability of professional responsibility provisions.
...person to report abuse or neglect of a child or adult. |
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Section 3105.48 | Confidentiality of communications.
...A collaborative family law communication is confidential to the extent agreed by the parties in a signed record or as provided by the law of this state. |
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Section 3105.49 | Privileged communications.
...(A) Subject to sections 3105.50 and 3105.51 of the Revised Code, a collaborative family law communication is privileged under division (B) of this section, is not subject to discovery, and is not admissible in evidence. (B) In a proceeding, the following privileges apply: (1) A party may refuse to disclose, and may prevent any other person from disclosing, a collaborative family law communication. (2) A nonp... |
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Section 3105.50 | Waiver of privileges.
...(A) A privilege under section 3105.49 of the Revised Code may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant. (B) A person that discloses or makes a representation about a collaborative family law communication that prejudices another person in a p... |
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Section 3105.51 | Communications not subject to privilege.
...ect, abandonment, or exploitation of a child, unless a children's or protective service agency or an adult protective services agency is a party to or otherwise participates in the collaborative family law process. (C) There is no privilege under section 3105.49 of the Revised Code if the communication is sought in connection with or offered in any criminal proceeding involving a felony, a delinquent child pr... |
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Section 3105.52 | Effect of finding of intent to make an agreement.
...Even though a collaborative family law participation agreement fails to meet the requirements of section 3105.43 of the Revised Code, a court may find that the parties intended to enter into a collaborative family law participation agreement if the parties signed a record indicating an intention to enter into a collaborative family law participation agreement and the parties reasonably believed they were partic... |
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Section 3105.53 | Electronic signatures.
...Sections 3105.41 to 3105.54 of the Revised Code modify, limit, and supersede the "Electronic Signatures in Global and National Commerce Act," 114 Stat. 464, 15 U.S.C. 7001, et seq., but do not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b). |
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Section 3105.54 | Short title.
...Sections 3105.41 to 3105.54 of the Revised Code may be cited as the "Ohio collaborative family law act." |
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Section 3105.61 | Jurisdiction.
...The court of common pleas may grant a dissolution of marriage. |
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Section 3105.62 | Residency requirement.
...One of the spouses in an action for dissolution of marriage shall have been a resident of the state for at least six months immediately before filing the petition. Actions for dissolution of marriage shall be brought in the proper county for commencement of actions pursuant to the Rules of Civil Procedure. An action for dissolution of marriage may be brought pursuant to a motion for conversion of a divorce action int... |
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Section 3105.63 | Separation agreement provisions.
...ty; spousal support; if there are minor children of the marriage, the allocation of parental rights and responsibilities for the care of the minor children, the designation of a residential parent and legal custodian of the minor children, child support, and parenting time rights; and, if the spouses so desire, an authorization for the court to modify the amount or terms of spousal support, or the division of propert... |
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Section 3105.64 | Time of court appearance after filing petition.
...(A) Except as provided in division (B) or (C) of this section, not less than thirty nor more than ninety days after the filing of a petition for dissolution of marriage, both spouses shall appear before the court, and each spouse shall acknowledge under oath that that spouse voluntarily entered into the separation agreement appended to the petition, that that spouse is satisfied with its terms, and that that sp... |
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Section 3105.65 | Power of court.
...d responsibilities for the care of the children, to the designation of a residential parent and legal custodian of the children, to child support, to parenting time of parents with the children, and to visitation for persons who are not the children's parents. The court, only in accordance with division (E)(2) of section 3105.18 of the Revised Code, may modify the amount or terms of spousal support. The court m... |
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Section 3105.71 | Prohibiting cancellation of health insurance during pendency prior to court determination of responsibility.
...(A) If a party to an action for divorce, annulment, dissolution of marriage, or legal separation was the named insured or subscriber under, or the policyholder, certificate holder, or contract holder of, a policy, contract, or plan of health insurance that provided health insurance coverage for that party's spouse and dependents immediately prior to the filing of the action, that party shall not cancel or otherwise t... |
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Section 3105.73 | Award of attorney's fees and litigation expenses - factors considered - payment.
...(A) In an action for divorce, dissolution, legal separation, or annulment of marriage or an appeal of that action, a court may award all or part of reasonable attorney's fees and litigation expenses to either party if the court finds the award equitable. In determining whether an award is equitable, the court may consider the parties' marital assets and income, any award of temporary spousal support, the conduct of t... |
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Section 3105.80 | Property division orders involving public retirement program definitions.
...As used in this section and sections 3105.81 to 3105.90 of the Revised Code: (A) "Alternate payee" means a party in an action for divorce, legal separation, annulment, or dissolution of marriage who is to receive one or more payments from a benefit or lump sum payment under an order issued under section 3105.171 or 3105.65 of the Revised Code that is in compliance with sections 3105.81 to 3105.90 of the Revis... |
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Section 3105.81 | Order for equitable division of property to require compliance with provisions.
...A court that issues an order under section 3105.171 or 3105.65 of the Revised Code that provides for a division of property that includes a benefit or lump sum payment and requires one or more payments from a public retirement program to an alternate payee shall include in the order a requirement that the payments be made in accordance with and subject to limitations set forth in sections 3105.82 to 3105.90 of the Re... |
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Section 3105.82 | Requirements of order.
...An order described in section 3105.81 of the Revised Code shall meet all of the following requirements: (A) Be on the form created under section 3105.90 of the Revised Code; (B) Set forth the name and address of the public retirement program subject to the order or, if the court determines that the participant has contributions on deposit with more than one public retirement program, the name and address of each pu... |
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Section 3109.57 | Further requirements for creating power of attorney.
...e parent, guardian, or custodian of the child is any of the following: (a) Seriously ill, incarcerated, or about to be incarcerated; (b) Temporarily unable to provide financial support or parental guidance to the child; (c) Temporarily unable to provide adequate care and supervision of the child because of the parent's, guardian's, or custodian's physical or mental condition; (d) Homeless or without a residence b... |
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Section 3109.59 | Termination of power of attorney.
... power of attorney was filed. (2) The child ceases to reside with the grandparent designated as the attorney in fact. (3) The power of attorney is terminated by court order. (4) The death of the child who is the subject of the power of attorney. (5) The death of the grandparent designated as the attorney in fact. (B) Not later than five days after a power of attorney is revoked, a copy of the revocation of ... |
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Section 3109.60 | Notice of termination.
... (A) The school district in which the child attends school; (B) The child's health care providers; (C) The child's health insurance coverage provider; (D) The court in which the power of attorney was filed under section 3109.74 of the Revised Code; (E) The parent who is not the residential parent and legal custodian and who is required to be given notice under section 3109.55 of the Revised Code; (F) Any ot... |
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Section 3109.61 | Immunity.
...ical, or dental treatment provided to a child in reliance on a power of attorney created under section 3109.52 of the Revised Code shall be considered to have been provided in good faith if the person providing the treatment had no actual knowledge of opposition by the parent, guardian, or custodian. This section does not provide immunity from civil or criminal liability to any person for actions that are wanton, re... |
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Section 3109.67 | Execution of affidavit.
...A caretaker authorization affidavit described in section 3109.66 of the Revised Code is executed when the affidavit is completed, signed by a grandparent described in section 3109.65 of the Revised Code, and notarized. |
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Section 3109.71 | Notice of termination.
...iting, the school district in which the child attends school, the child's health care providers, the child's health insurance coverage provider, the court in which the affidavit was filed under section 3109.74 of the Revised Code, and any other person or entity that has an ongoing relationship with the child or grandparent such that the person or entity would reasonably rely on the affidavit unless notified of ... |
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Section 3109.72 | Negation of actions taken under caretaker authorization affidavit.
...The parent, guardian, or custodian of a child may negate, reverse, or otherwise disapprove any action taken or decision made pursuant to a caretaker authorization affidavit unless negation, reversal, or disapproval would jeopardize the life, health, or safety of the child. A parent, guardian, or custodian may negate, reverse, or disapprove a caretaker's action or decision only by delivering written notice of ne... |
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Section 3109.73 | Immunity.
...ical, or dental treatment provided to a child in reliance on an affidavit with respect to the child shall be considered to have been provided in good faith if the the person providing the treatment had no actual knowledge of opposition by the parent, guardian, or custodian. This section does not provide immunity from civil or criminal liability to any person for actions that are wanton, reckless, or inconsistent wi... |
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Section 3109.74 | Filing with court.
...er court that has jurisdiction over the child under a previously filed motion or proceeding. The power of attorney or affidavit shall be filed not later than five days after the date it is created or executed and may be sent to the court by certified mail. (B) A power of attorney filed under this section shall be accompanied by a receipt showing that the notice of creation of the power of attorney was sent to the p... |
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Section 3109.75 | Verification of filing.
...4 of the Revised Code with respect to a child. |
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Section 3109.78 | Purpose may void power or affidavit.
...d Code for the purpose of enrolling the child in a school or school district so that the child may participate in the academic or interscholastic athletic programs provided by the school or school district. (B) A person who violates division (A) of this section is in violation of section 2921.13 of the Revised Code and is guilty of falsification, a misdemeanor of the first degree. (C) A power of attorney created, o... |
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Section 3109.79 | Child support order unaffected by power or affidavit.
...s used in this section, "administrative child support order" and "court child support order" have the same meanings as in section 3119.01 of the Revised Code. A power of attorney created under section 3109.52 of the Revised Code or a caretaker authorization affidavit executed under section 3109.67 of the Revised Code shall not affect the enforcement of an administrative child support order or court child support ord... |
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Section 3109.80 | Only one power or affidavit may be in effect at a time.
...the Revised Code may be in effect for a child at one time. |
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Section 3111.01 | Parent and child relationship defined.
...111.85 of the Revised Code, "parent and child relationship" means the legal relationship that exists between a child and the child's natural or adoptive parents and upon which those sections and any other provision of the Revised Code confer or impose rights, privileges, duties, and obligations. The "parent and child relationship" includes the mother and child relationship and the father and child relationship. (2... |
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Section 3111.02 | Establishing parent and child relationship.
...(A) The parent and child relationship between a child and the child's natural mother may be established by proof of her having given birth to the child or pursuant to sections 3111.01 to 3111.18 or 3111.20 to 3111.85 of the Revised Code. The parent and child relationship between a child and the natural father of the child may be established by an acknowledgment of paternity as provided in sections 3111.20 to 3111.35 ... |
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Section 3111.03 | Presumption of paternity.
... presumed to be the natural father of a child under any of the following circumstances: (1) The man and the child's mother are or have been married to each other, and the child is born during the marriage or is born within three hundred days after the marriage is terminated by death, annulment, divorce, or dissolution or after the man and the child's mother separate pursuant to a separation agreement. (2) The man a... |
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Section 3111.04 | Standing to bring paternity action.
...tence or nonexistence of the father and child relationship may be brought by the child or the child's personal representative, the child's caretaker, the child's mother or her personal representative, a man alleged or alleging himself to be the child's father, the child support enforcement agency of the county in which the child resides if the child's mother, father, or alleged father is a recipient of public assista... |
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Section 3111.041 | Caretaker authorization of genetic testing.
...A caretaker of a child may authorize genetic testing of the child pursuant to any action or proceeding under Chapter 3111. of the Revised Code. |
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Section 3111.05 | Statute of limitations.
...tence or nonexistence of the father and child relationship may not be brought later than five years after the child reaches the age of eighteen. Neither section 3111.04 of the Revised Code nor this section extends the time within which a right of inheritance or a right to a succession may be asserted beyond the time provided by Chapter 2105., 2107., 2113., 2117, or 2123. of the Revised Code. |
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Section 3111.06 | Jurisdiction of courts - personal jurisdiction.
...Revised Code of the county in which the child, the child's mother, or the alleged father resides or is found or, if the alleged father is deceased, of the county in which proceedings for the probate of the alleged father's estate have been or can be commenced, or of the county in which the child is being provided support by the county department of job and family services of that county. An action pursuant to section... |
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Section 3111.07 | Parties to action - intervention.
...he natural father, and a caretaker of a child shall be made parties to the action brought pursuant to sections 3111.01 to 3111.18 of the Revised Code or, if not subject to the jurisdiction of the court, shall be given notice of the action pursuant to the Rules of Civil Procedure and shall be given an opportunity to be heard. The child support enforcement agency of the county in which the action is brought also shall ... |
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Section 3111.08 | Rules of Civil Procedure govern action.
...tence or nonexistence of the father and child relationship is a civil action and shall be governed by the Rules of Civil Procedure unless a different procedure is specifically provided by those sections. (B) If an action is brought against a person to declare the existence or nonexistence of the father and child relationship between that person and a child and the person in his answer admits the existence or nonexis... |
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Section 3111.09 | Genetic tests - DNA records.
...ny party to the action, shall order the child's mother, the child, the alleged father, and any other person who is a defendant in the action to submit to genetic tests. Instead of or in addition to genetic testing ordered pursuant to this section, the court may use the following information to determine the existence of a parent and child relationship between the child and the child's mother, the alleged father, or a... |
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Section 3111.10 | Evidence of paternity.
...o the alleged father's paternity of the child based on tests performed by experts. If a man has been identified as a possible father of the child, the court may, and upon the request of a party shall, require the child, the mother, and the man to submit to appropriate tests. Any fees charged for the tests shall be paid by the party that requests them unless the court orders the fees taxed as costs in the action. (E)... |
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Section 3111.11 | Pretrial hearing.
...tence or nonexistence of the father and child relationship, the court shall hold a pretrial hearing, in accordance with the Civil Rules, at a time set by the court. At the pretrial hearing, the court shall notify each party to the action that the party may file a motion requesting the court to order the child's mother, the alleged father, and any other person who is a defendant in the action to submit to genetic test... |