Ohio Revised Code Search
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Section 3127.19 | Notice and opportunity to be heard.
...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 be heard. (C) The obli... |
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Section 3127.20 | Custody proceeding pending in another state.
...ally 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 statute of the other state. (B) Except as otherwise provided in section 3127.18 of the Revised Code, a court of this state, before hearing a child custody proceeding, shall examine t... |
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Section 3127.21 | Jurisdiction declined - forum non conveniens.
...it information 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 ... |
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Section 3127.22 | Jurisdiction declined - unjustifiable conduct - remedy - assessment of expenses.
... 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 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 312... |
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Section 3127.23 | Contents of pleading or affidavit.
...inable under oath as to the child's present address or whereabouts, the places where the child has lived within the last five years, and the name and present address of each person with whom the child has lived during that period. In this pleading or affidavit, each party also shall include all of the following information: (1) Whether the party has participated as a party, a witness, or in any other capacity in any... |
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Section 3127.24 | Order to appear - costs.
...ay require another party to pay reasonable and necessary travel and other expenses for the appearance of the party and the child. |
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Section 3127.31 | Definitions - petitioner and respondent.
...ement 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 Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determi... |
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Section 3127.32 | Enforcement of order for return of child under Hague convention.
...nd 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.
...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 Code are cumulative and do not affect the availability of other remedies to enforce a child custody determination. |
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Section 3127.34 | Temporary enforcement order by court lacking jurisdiction to modify custody.
...If a court of this state makes an order under division (A)(2) of this section, it shall specify in the order a period that it considers adequate to allow 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.
...ought to be registered, and a statement under penalty of perjury that, to the best of the knowledge and belief of the person seeking registration, the order has not been modified; (3) Except as otherwise provided in section 3127.23 of the Revised Code, the name and address of the person seeking registration and any parent who is designated the residential parent and legal custodian of the child or to have parenting ... |
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Section 3127.36 | Enforcement of registered custody determination by non-Ohio court.
...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 accordance with sections 3127.15 to 3127.24 of the Revised Code, a registered child custo... |
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Section 3127.37 | Communication with non-Ohio court where modification proceeding pending.
...he 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 communicate with the mo... |
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Section 3127.38 | Petition for enforcement of custody determination - procedure - order.
...ns, proceedings relating to domestic violence or protection orders, proceedings to adjudicate the child as an abused, neglected, or dependent child, proceedings seeking termination of parental rights, and adoptions, and, if so, the court, the case number, and the nature of the proceeding; (4) The present physical address of the child and the respondent, if known; (5) Whether relief in addition to the immediate phys... |
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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.
...nless 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 confirmed u... |
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Section 3127.41 | Warrant to take physical custody where imminent danger of harm or removal.
...ody 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 suffer serious physical harm or be removed from this state, it may i... |
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Section 3127.42 | Award of fees, expenses and costs to prevailing party.
...half 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 unle... |
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Section 3127.43 | Full faith and credit to orders issued by court of another state.
...rmination 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.
...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 pending appeal. |
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Section 3127.45 | Actions to locate, obtain return of child, or enforce custody determination.
...of the Revised Code or any other available civil proceeding, to locate a child, obtain the return of a child, or enforce a child custody determination if there is any of the following: (1) An existing child custody determination; (2) A request to locate a child, obtain the return of a child, or enforce a child custody determination from a court in a pending child custody proceeding; (3) A reasonable belief that a ... |
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Section 3127.46 | Authorized enforcement actions by law enforcement officer.
...tion 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 with responsibilities under section 3127.45 of the Revised Code. |
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Section 3127.47 | Assessment of enforcement expenses and costs against losing party.
...c official and law enforcement officers under section 3127.45 or 3127.46 of the Revised Code. |
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Section 3127.51 | Construction of chapter to promote uniformity.
...n 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. |
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Section 3127.52 | Provisions of chapter severable.
...e provisions of this chapter are severable. |