Ohio Revised Code Search
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Section 3127.15 | Jurisdictional basis for initial custody determination.
...ate 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 is absent 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 d... |
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Section 3127.16 | Exclusive continuing jurisdiction over determination - termination.
...de 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 state. |
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Section 3127.17 | Modification of custody determination of non-Ohio court.
...court of this state would be a more convenient forum under section 3127.21 of the Revised Code or a similar statute of the other state. (B) The court of this state or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state. |
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Section 3127.18 | Temporary emergency jurisdiction - no previous custody determination.
...child custody proceeding has not been commenced in a court of a state having jurisdiction under sections 3127.15 to 3127.17 of the Revised Code or a similar statute of another state, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under sections 3127.15 to 3127.17 of the Revised Code or a similar statute of another s... |
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Section 3127.19 | Notice and opportunity to be heard.
...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 having physical custody of the child. (B) This chapter does not govern the enforceability of a child custody determination made without notice or an opportunity to ... |
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Section 3127.20 | Custody proceeding pending in another state.
...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 been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under section 3127.21 of the Revised Code or a similar... |
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Section 3127.21 | Jurisdiction declined - forum non conveniens.
... 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 financial circumstances of the parties; (5) Any agreem... |
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Section 3127.22 | Jurisdiction declined - unjustifiable conduct - remedy - assessment of expenses.
...ng until a child custody proceeding is commenced in a court having jurisdiction under sections 3127.15 to 3127.17 of the Revised Code or a similar statute of another state. (C) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to division (A) of this section, it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable exp... |
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Section 3127.23 | Contents of pleading or affidavit.
... including any designation of parenting time rights and the designation of the residential parent and legal custodian of the child or that otherwise concerned the custody of or visitation with the same child and, if so, the court, case number and the date of the child custody determination, if any; (2) Whether the party knows of any proceedings that could affect the current proceeding, including proceedings for enfo... |
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Section 3127.24 | Order to appear - costs.
...to a child custody proceeding whose presence is desired by the court is outside this state with or without the child, the court may order that the notice given under section 3127.07 of the Revised Code include a statement directing that party to appear personally with or without the child and informing the party that failure to appear may result in a decision adverse to that party. (C) The court may enter any orders... |
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Section 3127.31 | Definitions - petitioner and respondent.
...) "Respondent" means a person against whom a proceeding has been commenced for 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. |
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Section 3127.32 | Enforcement of order for return of child under Hague convention.
...2 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. |
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Section 3127.33 | Recognition of custody determination of non-Ohio court.
...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 remedy... |
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Section 3127.34 | Temporary enforcement order by court lacking jurisdiction to modify custody.
...low the petitioner to obtain an order from a court having jurisdiction under the criteria specified in sections 3127.15 to 3127.24 of the Revised Code. The order shall remain in effect until an order is obtained from the other court or until the period expires. |
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Section 3127.35 | Registration of child custody determination by non-Ohio court - contest of validity.
...dgment together with one copy of any accompanying documents and information, regardless of their form; (2) Serve notice of the registration request on the persons named pursuant to division (A)(3) of this section, and provide them with an opportunity to contest the registration in accordance with this section. (C) The notice required by division (B)(2) of this section shall state all of the following: (1) That the... |
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Section 3127.36 | Enforcement of registered custody determination by non-Ohio court.
...2 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 may not modify except in accordan... |
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Section 3127.37 | Communication with non-Ohio court where modification proceeding pending.
...7.31 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 to 3127.24 of the Revised Code or a similar statute of another state, the enforcing court shall immediately com... |
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Section 3127.38 | Petition for enforcement of custody determination - procedure - order.
...ion (C) of this section shall state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and that the respondent pay fees, costs, and expenses under section 3127.42 of the Revised Code and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and estab... |
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Section 3127.39 | Service of petition and order.
...he Rules of Civil Procedure upon respondent and any person who has physical custody of the child. |
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Section 3127.40 | Order to take immediate physical possession of child - additional relief - privileges.
...e court may draw an adverse inference from the refusal. (D) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this chapter. |
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Section 3127.41 | Warrant to take physical custody where imminent danger of harm or removal.
...r 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 suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. If possible, the court shall hear the petition on the next judicial day after the warrant is executed. If it is impossible... |
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Section 3127.42 | Award of fees, expenses and costs to prevailing party.
... 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 establishes that the award would be clearly inappropriate. (B) The court shall not assess fees, costs, or expenses against a state or a political subdivision of a state u... |
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Section 3127.43 | Full faith and credit to orders issued by court of another state.
...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. |
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Section 3127.44 | Appeal from final order.
...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 emergency order under section 3127.18 of the Revised Code, the enforcing court may not stay an order enforcing a child custody determination pendi... |
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Section 3127.45 | Actions to locate, obtain return of child, or enforce custody determination.
...enforce a child custody determination from a court in a pending child custody proceeding; (3) A reasonable belief that a criminal statute has been violated; (4) A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction. (B) A prosecutor acting under this section acts on behalf of the court and may not repres... |