Ohio Revised Code Search
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Section 3127.15 | Jurisdictional basis for initial custody determination.
...n 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 is absent from this state but a parent or person acting as a parent continues to live in this state. (2) A co... |
Section 3127.16 | Exclusive continuing jurisdiction over determination - termination.
..., 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 state. |
Section 3127.17 | Modification of custody determination of non-Ohio court.
... 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 exclusive, continuing jurisdiction under section 3127.16 of the Revis... |
Section 3127.18 | Temporary emergency jurisdiction - no previous custody determination.
... 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 entitled to be enforced under this ... |
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.
...f 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 statute of the other state. ... |
Section 3127.21 | Jurisdiction declined - forum non conveniens.
...risdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more convenient forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or at the request of another court. (B) Before determining whether i... |
Section 3127.22 | Jurisdiction declined - unjustifiable conduct - remedy - assessment of expenses.
...iate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding 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... |
Section 3127.23 | Contents of pleading or affidavit.
...(A) Each party in a child custody proceeding, in the party's first pleading or in an affidavit attached to that pleading, shall give information if reasonably ascertainable 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 aff... |
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.
...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 Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody d... |
Section 3127.32 | Enforcement of order for return of child under Hague convention.
...ay 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.
...his 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 available... |
Section 3127.34 | Temporary enforcement order by court lacking jurisdiction to modify custody.
... 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) If a court of this state makes... |
Section 3127.35 | Registration of child custody determination by non-Ohio court - contest of validity.
...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 copies, including one certified copy, of the determination sought to be registered, and a statement under penalty of per... |
Section 3127.36 | Enforcement of registered custody determination by non-Ohio court.
...w 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 custody determination of a court of another state. |
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 3127.38 | Petition for enforcement of custody determination - procedure - order.
...s. (B) A petition for enforcement of a child custody determination shall state all of the following: (1) Whether the court that issued the child custody determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was; (2) Whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforc... |
Section 3127.39 | Service of petition and order.
... person who has physical custody of the child. |
Section 3127.40 | Order to take immediate physical possession of child - additional relief - privileges.
...ed 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 under section 3127.35 of the Revised Code and that one of the following circumstances applies: (a) The issuing court did not have jurisdiction... |
Section 3127.41 | Warrant to take physical custody where imminent danger of harm or removal.
... 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 suffer serious phy... |
Section 3127.42 | Award of fees, expenses and costs to prevailing party.
...vailing 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 establishes that the award would... |
Section 3127.43 | Full faith and credit to orders issued by court of another state.
...stent 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. |
Section 3127.44 | Appeal from final order.
...court may not stay an order enforcing a child custody determination pending appeal. |
Section 3127.45 | Actions to locate, obtain return of child, or enforce custody determination.
...n on the Civil Aspects in International Child Abduction, the prosecutor may take any lawful action, including resort to a proceeding under sections 3127.31 to 3127.47 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 loca... |