SENATORS Jordan, Robert Gardner, Dann, Schuler, Wachtmann

To amend sections 2111.06, 2151.23, 2151.27,

1

2152.021, 3109.04, 3109.27, 3109.29, and 3109.37,

2

to amend, for the purpose of adopting new section

3

numbers as indicated in parentheses, sections

4

3109.27 (3127.23), 3109.29 (3127.24), and 3109.37

5

(3127.06), to enact sections 3127.01 to 3127.05,

6

3127.07 to 3127.11, 3127.15 to 3127.22, 3127.31 to

7

3127.47, 3127.51, 3127.52, and 3127.53, and to

8

repeal sections 3109.21, 3109.22, 3109.23,

9

3109.24, 3109.25, 3109.26, 3109.28, 3109.30,

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3109.31, 3109.32, 3109.33, 3109.34, 3109.35, and

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3109.36 of the Revised Code to repeal the Uniform

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Child Custody Jurisdiction Act and replace it with

13

the Uniform Child Custody Jurisdiction and

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Enforcement Act.

15

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2111.06, 2151.23, 2151.27, 2152.021,	16
3109.04, 3109.27, 3109.29, and 3109.37 be amended, sections	17
3109.27 (3127.23), 3109.29 (3127.24), and 3109.37 (3127.06) be	18
amended for the purpose of adopting new section numbers as	19
indicated in parentheses, and sections 3127.01, 3127.02, 3127.03,	20
3127.04, 3127.05, 3127.07, 3127.08, 3127.09, 3127.10, 3127.11,	21
3127.15, 3127.16, 3127.17, 3127.18, 3127.19, 3127.20, 3127.21,	22
3127.22, 3127.31, 3127.32, 3127.33, 3127.34, 3127.35, 3127.36,	23
3127.37, 3127.38, 3127.39, 3127.40, 3127.41, 3127.42, 3127.43,	24
3127.44, 3127.45, 3127.46, 3127.47, 3127.51, 3127.52, and 3127.53	25
of the Revised Code be enacted to read as follows:	26

Sec. 2111.06.  If the powers of the person appointed as	27
guardian of a minor or incompetent are not limited by the order of	28
appointment, such person shall be guardian both of the person and	29
estate of the ward. In every instance the court shall appoint the	30
same person as guardian of the person and estate of any such ward,	31
unless in the opinion of the court the interests of the ward will	32
be promoted by the appointment of different persons as guardians	33
of the person and of the estate.	34

A guardian of the person of a minor shall be appointed as to	35
a minor having neither father nor mother, or whose parents are	36
unsuitable persons to have the custody and tuition of such minor,	37
or whose interests, in the opinion of the court, will be promoted	38
thereby. A guardian of the person shall have the custody and	39
provide for the maintenance of the ward, and if the ward is a	40
minor, such guardian shall also provide for the education of such	41
ward.	42

Before exercising its jurisdiction to appoint a guardian of a	43
minor, the court shall comply with the jurisdictional standards of	44
sections 3109.21 to 3109.373127.01 to 3127.53 of the Revised	45
Code.	46

Sec. 2151.23.  (A) The juvenile court has exclusive original	47
jurisdiction under the Revised Code as follows:	48

(1) Concerning any child who on or about the date specified	49
in the complaint, indictment, or information is alleged to have	50
violated section 2151.87 of the Revised Code or an order issued	51
under that section or to be a juvenile traffic offender or a	52
delinquent, unruly, abused, neglected, or dependent child and,	53
based on and in relation to the allegation pertaining to the	54
child, concerning the parent, guardian, or other person having	55
care of a child who is alleged to be an unruly or delinquent child	56
for being an habitual or chronic truant;	57

(2) Subject to division (V) of section 2301.03 of the Revised	58
Code, to determine the custody of any child not a ward of another	59
court of this state;	60

(3) To hear and determine any application for a writ of	61
habeas corpus involving the custody of a child;	62

(4) To exercise the powers and jurisdiction given the probate	63
division of the court of common pleas in Chapter 5122. of the	64
Revised Code, if the court has probable cause to believe that a	65
child otherwise within the jurisdiction of the court is a mentally	66
ill person subject to hospitalization by court order, as defined	67
in section 5122.01 of the Revised Code;	68

(5) To hear and determine all criminal cases charging adults	69
with the violation of any section of this chapter;	70

(6) To hear and determine all criminal cases in which an	71
adult is charged with a violation of division (C) of section	72
2919.21, division (B)(1) of section 2919.22, section 2919.222,	73
division (B) of section 2919.23, or section 2919.24 of the Revised	74
Code, provided the charge is not included in an indictment that	75
also charges the alleged adult offender with the commission of a	76
felony arising out of the same actions that are the basis of the	77
alleged violation of division (C) of section 2919.21, division	78
(B)(1) of section 2919.22, section 2919.222, division (B) of	79
section 2919.23, or section 2919.24 of the Revised Code;	80

(7) Under the interstate compact on juveniles in section	81
2151.56 of the Revised Code;	82

(8) Concerning any child who is to be taken into custody	83
pursuant to section 2151.31 of the Revised Code, upon being	84
notified of the intent to take the child into custody and the	85
reasons for taking the child into custody;	86

(9) To hear and determine requests for the extension of	87
temporary custody agreements, and requests for court approval of	88
permanent custody agreements, that are filed pursuant to section	89
5103.15 of the Revised Code;	90

(10) To hear and determine applications for consent to marry	91
pursuant to section 3101.04 of the Revised Code;	92

(11) Subject to division (V) of section 2301.03 of the	93
Revised Code, to hear and determine a request for an order for the	94
support of any child if the request is not ancillary to an action	95
for divorce, dissolution of marriage, annulment, or legal	96
separation, a criminal or civil action involving an allegation of	97
domestic violence, or an action for support brought under Chapter	98
3115. of the Revised Code;	99

(12) Concerning an action commenced under section 121.38 of	100
the Revised Code;	101

(13) To hear and determine violations of section 3321.38 of	102
the Revised Code;	103

(14) To exercise jurisdiction and authority over the parent,	104
guardian, or other person having care of a child alleged to be a	105
delinquent child, unruly child, or juvenile traffic offender,	106
based on and in relation to the allegation pertaining to the	107
child;	108

(15) To conduct the hearings, and to make the determinations,	109
adjudications, and orders authorized or required under sections	110
2152.82 to 2152.85 and Chapter 2950. of the Revised Code regarding	111
a child who has been adjudicated a delinquent child and to refer	112
the duties conferred upon the juvenile court judge under sections	113
2152.82 to 2152.85 and Chapter 2950. of the Revised Code to	114
magistrates appointed by the juvenile court judge in accordance	115
with Juvenile Rule 40;	116

(16) To enforce an order for the return of a child made under	117
the Hague Convention on the Civil Aspects of International Child	118
Abduction pursuant to section 3127.32 of the Revised Code;	119

(17) To grant any relief normally available under the laws of	120
this state to enforce a parenting determination made by a court of	121
another state and registered in accordance with section 3127.35 of	122
the Revised Code.	123

(B) Except as provided in division (I) of section 2301.03 of	124
the Revised Code, the juvenile court has original jurisdiction	125
under the Revised Code:	126

(1) To hear and determine all cases of misdemeanors charging	127
adults with any act or omission with respect to any child, which	128
act or omission is a violation of any state law or any municipal	129
ordinance;	130

(2) To determine the paternity of any child alleged to have	131
been born out of wedlock pursuant to sections 3111.01 to 3111.18	132
of the Revised Code;	133

(3) Under the uniform interstate family support act in	134
Chapter 3115. of the Revised Code;	135

(4) To hear and determine an application for an order for the	136
support of any child, if the child is not a ward of another court	137
of this state;	138

(5) To hear and determine an action commenced under section	139
3111.28 of the Revised Code;	140

(6) To hear and determine a motion filed under section	141
3119.961 of the Revised Code.	142

(C) The juvenile court, except as to juvenile courts that are	143
a separate division of the court of common pleas or a separate and	144
independent juvenile court, has jurisdiction to hear, determine,	145
and make a record of any action for divorce or legal separation	146
that involves the custody or care of children and that is filed in	147
the court of common pleas and certified by the court of common	148
pleas with all the papers filed in the action to the juvenile	149
court for trial, provided that no certification of that nature	150
shall be made to any juvenile court unless the consent of the	151
juvenile judge first is obtained. After a certification of that	152
nature is made and consent is obtained, the juvenile court shall	153
proceed as if the action originally had been begun in that court,	154
except as to awards for spousal support or support due and unpaid	155
at the time of certification, over which the juvenile court has no	156
jurisdiction.	157

(D) The juvenile court, except as provided in division (I) of	158
section 2301.03 of the Revised Code, has jurisdiction to hear and	159
determine all matters as to custody and support of children duly	160
certified by the court of common pleas to the juvenile court after	161
a divorce decree has been granted, including jurisdiction to	162
modify the judgment and decree of the court of common pleas as the	163
same relate to the custody and support of children.	164

(E) The juvenile court, except as provided in division (I) of	165
section 2301.03 of the Revised Code, has jurisdiction to hear and	166
determine the case of any child certified to the court by any	167
court of competent jurisdiction if the child comes within the	168
jurisdiction of the juvenile court as defined by this section.	169

(F)(1) The juvenile court shall exercise its jurisdiction in	170
child custody matters in accordance with sections 3109.04, 3109.21	171
to 3109.363127.01 to 3127.53, and 5103.20 to 5103.28 of the	172
Revised Code.	173

(2) The juvenile court shall exercise its jurisdiction in	174
child support matters in accordance with section 3109.05 of the	175
Revised Code.	176

(G) Any juvenile court that makes or modifies an order for	177
child support shall comply with Chapters 3119., 3121., 3123., and	178
3125. of the Revised Code. If any person required to pay child	179
support under an order made by a juvenile court on or after April	180
15, 1985, or modified on or after December 1, 1986, is found in	181
contempt of court for failure to make support payments under the	182
order, the court that makes the finding, in addition to any other	183
penalty or remedy imposed, shall assess all court costs arising	184
out of the contempt proceeding against the person and require the	185
person to pay any reasonable attorney's fees of any adverse party,	186
as determined by the court, that arose in relation to the act of	187
contempt.	188

(H) If a child who is charged with an act that would be an	189
offense if committed by an adult was fourteen years of age or	190
older and under eighteen years of age at the time of the alleged	191
act and if the case is transferred for criminal prosecution	192
pursuant to section 2152.12 of the Revised Code, the juvenile	193
court does not have jurisdiction to hear or determine the case	194
subsequent to the transfer. The court to which the case is	195
transferred for criminal prosecution pursuant to that section has	196
jurisdiction subsequent to the transfer to hear and determine the	197
case in the same manner as if the case originally had been	198
commenced in that court, including, but not limited to,	199
jurisdiction to accept a plea of guilty or another plea authorized	200
by Criminal Rule 11 or another section of the Revised Code and	201
jurisdiction to accept a verdict and to enter a judgment of	202
conviction pursuant to the Rules of Criminal Procedure against the	203
child for the commission of the offense that was the basis of the	204
transfer of the case for criminal prosecution, whether the	205
conviction is for the same degree or a lesser degree of the	206
offense charged, for the commission of a lesser-included offense,	207
or for the commission of another offense that is different from	208
the offense charged.	209

(I) If a person under eighteen years of age allegedly commits	210
an act that would be a felony if committed by an adult and if the	211
person is not taken into custody or apprehended for that act until	212
after the person attains twenty-one years of age, the juvenile	213
court does not have jurisdiction to hear or determine any portion	214
of the case charging the person with committing that act. In those	215
circumstances, divisions (A) and (B) of section 2152.12 of the	216
Revised Code do not apply regarding the act, and the case charging	217
the person with committing the act shall be a criminal prosecution	218
commenced and heard in the appropriate court having jurisdiction	219
of the offense as if the person had been eighteen years of age or	220
older when the person committed the act. All proceedings	221
pertaining to the act shall be within the jurisdiction of the	222
court having jurisdiction of the offense, and that court has all	223
the authority and duties in the case that it has in other criminal	224
cases in that court.	225

Sec. 2151.27.  (A)(1) Subject to division (A)(2) of this	226
section, any person having knowledge of a child who appears to	227
have violated section 2151.87 of the Revised Code or to be a	228
juvenile traffic offender or to be an unruly, abused, neglected,	229
or dependent child may file a sworn complaint with respect to that	230
child in the juvenile court of the county in which the child has a	231
residence or legal settlement or in which the violation,	232
unruliness, abuse, neglect, or dependency allegedly occurred. If	233
an alleged abused, neglected, or dependent child is taken into	234
custody pursuant to division (D) of section 2151.31 of the Revised	235
Code or is taken into custody pursuant to division (A) of section	236
2151.31 of the Revised Code without the filing of a complaint and	237
placed into shelter care pursuant to division (C) of that section,	238
a sworn complaint shall be filed with respect to the child before	239
the end of the next day after the day on which the child was taken	240
into custody. The sworn complaint may be upon information and	241
belief, and, in addition to the allegation that the child	242
committed the violation or is an unruly, abused, neglected, or	243
dependent child, the complaint shall allege the particular facts	244
upon which the allegation that the child committed the violation	245
or is an unruly, abused, neglected, or dependent child is based.	246

(2) Any person having knowledge of a child who appears to be	247
an unruly child for being an habitual truant may file a sworn	248
complaint with respect to that child and the parent, guardian, or	249
other person having care of the child in the juvenile court of the	250
county in which the child has a residence or legal settlement or	251
in which the child is supposed to attend public school. The sworn	252
complaint may be upon information and belief and shall contain the	253
following allegations:	254

(a) That the child is an unruly child for being an habitual	255
truant and, in addition, the particular facts upon which that	256
allegation is based;	257

(b) That the parent, guardian, or other person having care of	258
the child has failed to cause the child's attendance at school in	259
violation of section 3321.38 of the Revised Code and, in addition,	260
the particular facts upon which that allegation is based.	261

(B) If a child, before arriving at the age of eighteen years,	262
allegedly commits an act for which the child may be adjudicated an	263
unruly child and if the specific complaint alleging the act is not	264
filed or a hearing on that specific complaint is not held until	265
after the child arrives at the age of eighteen years, the court	266
has jurisdiction to hear and dispose of the complaint as if the	267
complaint were filed and the hearing held before the child arrived	268
at the age of eighteen years.	269

(C) If the complainant in a case in which a child is alleged	270
to be an abused, neglected, or dependent child desires permanent	271
custody of the child or children, temporary custody of the child	272
or children, whether as the preferred or an alternative	273
disposition, or the placement of the child in a planned permanent	274
living arrangement, the complaint shall contain a prayer	275
specifically requesting permanent custody, temporary custody, or	276
the placement of the child in a planned permanent living	277
arrangement.	278

(D) Any person with standing under applicable law may file a	279
complaint for the determination of any other matter over which the	280
juvenile court is given jurisdiction by section 2151.23 of the	281
Revised Code. The complaint shall be filed in the county in which	282
the child who is the subject of the complaint is found or was last	283
known to be found.	284

(E) A public children services agency, acting pursuant to a	285
complaint or an action on a complaint filed under this section, is	286
not subject to the requirements of section 3109.273127.23 of the	287
Revised Code.	288

(F) Upon the filing of a complaint alleging that a child is	289
an unruly child, the court may hold the complaint in abeyance	290
pending the child's successful completion of actions that	291
constitute a method to divert the child from the juvenile court	292
system. The method may be adopted by a county pursuant to	293
divisions (D) and (E) of section 121.37 of the Revised Code or it	294
may be another method that the court considers satisfactory. If	295
the child completes the actions to the court's satisfaction, the	296
court may dismiss the complaint. If the child fails to complete	297
the actions to the court's satisfaction, the court may consider	298
the complaint.	299

Sec. 2152.021.  (A)(1) Subject to division (A)(2) of this	300
section, any person having knowledge of a child who appears to be	301
a juvenile traffic offender or to be a delinquent child may file a	302
sworn complaint with respect to that child in the juvenile court	303
of the county in which the child has a residence or legal	304
settlement or in which the traffic offense or delinquent act	305
allegedly occurred. The sworn complaint may be upon information	306
and belief, and, in addition to the allegation that the child is a	307
delinquent child or a juvenile traffic offender, the complaint	308
shall allege the particular facts upon which the allegation that	309
the child is a delinquent child or a juvenile traffic offender is	310
based.	311

If a child appears to be a delinquent child who is eligible	312
for a serious youthful offender dispositional sentence under	313
section 2152.11 of the Revised Code and if the prosecuting	314
attorney desires to seek a serious youthful offender dispositional	315
sentence under section 2152.13 of the Revised Code in regard to	316
the child, the prosecuting attorney of the county in which the	317
alleged delinquency occurs may initiate a case in the juvenile	318
court of the county by presenting the case to a grand jury for	319
indictment, by charging the child in a bill of information as a	320
serious youthful offender pursuant to section 2152.13 of the	321
Revised Code, by requesting a serious youthful offender	322
dispositional sentence in the original complaint alleging that the	323
child is a delinquent child, or by filing with the juvenile court	324
a written notice of intent to seek a serious youthful offender	325
dispositional sentence.	326

(2) Any person having knowledge of a child who appears to be	327
a delinquent child for being an habitual or chronic truant may	328
file a sworn complaint with respect to that child and the parent,	329
guardian, or other person having care of the child in the juvenile	330
court of the county in which the child has a residence or legal	331
settlement or in which the child is supposed to attend public	332
school. The sworn complaint may be upon information and belief and	333
shall contain the following allegations:	334

(a) That the child is a delinquent child for being a chronic	335
truant or an habitual truant who previously has been adjudicated	336
an unruly child for being a habitual truant and, in addition, the	337
particular facts upon which that allegation is based;	338

(b) That the parent, guardian, or other person having care of	339
the child has failed to cause the child's attendance at school in	340
violation of section 3321.38 of the Revised Code and, in addition,	341
the particular facts upon which that allegation is based.	342

(B) Any person with standing under applicable law may file a	343
complaint for the determination of any other matter over which the	344
juvenile court is given jurisdiction by section 2151.23 of the	345
Revised Code. The complaint shall be filed in the county in which	346
the child who is the subject of the complaint is found or was last	347
known to be found.	348

(C) Within ten days after the filing of a complaint or the	349
issuance of an indictment, the court shall give written notice of	350
the filing of the complaint or the issuance of an indictment and	351
of the substance of the complaint or indictment to the	352
superintendent of a city, local, exempted village, or joint	353
vocational school district if the complaint or indictment alleges	354
that a child committed an act that would be a criminal offense if	355
committed by an adult, that the child was sixteen years of age or	356
older at the time of the commission of the alleged act, and that	357
the alleged act is any of the following:	358

(1) A violation of section 2923.122 of the Revised Code that	359
relates to property owned or controlled by, or to an activity held	360
under the auspices of, the board of education of that school	361
district;	362

(2) A violation of section 2923.12 of the Revised Code, of a	363
substantially similar municipal ordinance, or of section 2925.03	364
of the Revised Code that was committed on property owned or	365
controlled by, or at an activity held under the auspices of, the	366
board of education of that school district;	367

(3) A violation of section 2925.11 of the Revised Code that	368
was committed on property owned or controlled by, or at an	369
activity held under the auspices of, the board of education of	370
that school district, other than a violation of that section that	371
would be a minor drug possession offense if committed by an adult;	372

(4) A violation of section 2903.01, 2903.02, 2903.03,	373
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised	374
Code, or a violation of former section 2907.12 of the Revised	375
Code, that was committed on property owned or controlled by, or at	376
an activity held under the auspices of, the board of education of	377
that school district, if the victim at the time of the commission	378
of the alleged act was an employee of the board of education of	379
that school district;	380

(5) Complicity in any violation described in division (C)(1),	381
(2), (3), or (4) of this section that was alleged to have been	382
committed in the manner described in division (C)(1), (2), (3), or	383
(4) of this section, regardless of whether the act of complicity	384
was committed on property owned or controlled by, or at an	385
activity held under the auspices of, the board of education of	386
that school district.	387

(D) A public children services agency, acting pursuant to a	388
complaint or an action on a complaint filed under this section, is	389
not subject to the requirements of section 3109.273127.23 of the	390
Revised Code.	391

(E) For purposes of the record to be maintained by the clerk	392
under division (B) of section 2152.71 of the Revised Code, when a	393
complaint is filed that alleges that a child is a delinquent	394
child, the court shall determine if the victim of the alleged	395
delinquent act was sixty-five years of age or older or permanently	396
and totally disabled at the time of the alleged commission of the	397
act.	398

Sec. 3109.04.  (A) In any divorce, legal separation, or	399
annulment proceeding and in any proceeding pertaining to the	400
allocation of parental rights and responsibilities for the care of	401
a child, upon hearing the testimony of either or both parents and	402
considering any mediation report filed pursuant to section	403
3109.052 of the Revised Code and in accordance with sections	404
3109.21 to 3109.363127.01 to 3127.53 of the Revised Code, the	405
court shall allocate the parental rights and responsibilities for	406
the care of the minor children of the marriage. Subject to	407
division (D)(2) of this section, the court may allocate the	408
parental rights and responsibilities for the care of the children	409
in either of the following ways:	410

(1) If neither parent files a pleading or motion in	411
accordance with division (G) of this section, if at least one	412
parent files a pleading or motion under that division but no	413
parent who filed a pleading or motion under that division also	414
files a plan for shared parenting, or if at least one parent files	415
both a pleading or motion and a shared parenting plan under that	416
division but no plan for shared parenting is in the best interest	417
of the children, the court, in a manner consistent with the best	418
interest of the children, shall allocate the parental rights and	419
responsibilities for the care of the children primarily to one of	420
the parents, designate that parent as the residential parent and	421
the legal custodian of the child, and divide between the parents	422
the other rights and responsibilities for the care of the	423
children, including, but not limited to, the responsibility to	424
provide support for the children and the right of the parent who	425
is not the residential parent to have continuing contact with the	426
children.	427

(2) If at least one parent files a pleading or motion in	428
accordance with division (G) of this section and a plan for shared	429
parenting pursuant to that division and if a plan for shared	430
parenting is in the best interest of the children and is approved	431
by the court in accordance with division (D)(1) of this section,	432
the court may allocate the parental rights and responsibilities	433
for the care of the children to both parents and issue a shared	434
parenting order requiring the parents to share all or some of the	435
aspects of the physical and legal care of the children in	436
accordance with the approved plan for shared parenting. If the	437
court issues a shared parenting order under this division and it	438
is necessary for the purpose of receiving public assistance, the	439
court shall designate which one of the parents' residences is to	440
serve as the child's home. The child support obligations of the	441
parents under a shared parenting order issued under this division	442
shall be determined in accordance with Chapters 3119., 3121.,	443
3123., and 3125. of the Revised Code.	444

(B)(1) When making the allocation of the parental rights and	445
responsibilities for the care of the children under this section	446
in an original proceeding or in any proceeding for modification of	447
a prior order of the court making the allocation, the court shall	448
take into account that which would be in the best interest of the	449
children. In determining the child's best interest for purposes of	450
making its allocation of the parental rights and responsibilities	451
for the care of the child and for purposes of resolving any issues	452
related to the making of that allocation, the court, in its	453
discretion, may and, upon the request of either party, shall	454
interview in chambers any or all of the involved children	455
regarding their wishes and concerns with respect to the	456
allocation.	457

(2) If the court interviews any child pursuant to division	458
(B)(1) of this section, all of the following apply:	459

(a) The court, in its discretion, may and, upon the motion of	460
either parent, shall appoint a guardian ad litem for the child.	461

(b) The court first shall determine the reasoning ability of	462
the child. If the court determines that the child does not have	463
sufficient reasoning ability to express the child's wishes and	464
concern with respect to the allocation of parental rights and	465
responsibilities for the care of the child, it shall not determine	466
the child's wishes and concerns with respect to the allocation. If	467
the court determines that the child has sufficient reasoning	468
ability to express the child's wishes or concerns with respect to	469
the allocation, it then shall determine whether, because of	470
special circumstances, it would not be in the best interest of the	471
child to determine the child's wishes and concerns with respect to	472
the allocation. If the court determines that, because of special	473
circumstances, it would not be in the best interest of the child	474
to determine the child's wishes and concerns with respect to the	475
allocation, it shall not determine the child's wishes and concerns	476
with respect to the allocation and shall enter its written	477
findings of fact and opinion in the journal. If the court	478
determines that it would be in the best interests of the child to	479
determine the child's wishes and concerns with respect to the	480
allocation, it shall proceed to make that determination.	481

(c) The interview shall be conducted in chambers, and no	482
person other than the child, the child's attorney, the judge, any	483
necessary court personnel, and, in the judge's discretion, the	484
attorney of each parent shall be permitted to be present in the	485
chambers during the interview.	486

(3) No person shall obtain or attempt to obtain from a child	487
a written or recorded statement or affidavit setting forth the	488
child's wishes and concerns regarding the allocation of parental	489
rights and responsibilities concerning the child. No court, in	490
determining the child's best interest for purposes of making its	491
allocation of the parental rights and responsibilities for the	492
care of the child or for purposes of resolving any issues related	493
to the making of that allocation, shall accept or consider a	494
written or recorded statement or affidavit that purports to set	495
forth the child's wishes and concerns regarding those matters.	496

(C) Prior to trial, the court may cause an investigation to	497
be made as to the character, family relations, past conduct,	498
earning ability, and financial worth of each parent and may order	499
the parents and their minor children to submit to medical,	500
psychological, and psychiatric examinations. The report of the	501
investigation and examinations shall be made available to either	502
parent or the parent's counsel of record not less than five days	503
before trial, upon written request. The report shall be signed by	504
the investigator, and the investigator shall be subject to	505
cross-examination by either parent concerning the contents of the	506
report. The court may tax as costs all or any part of the expenses	507
for each investigation.	508

If the court determines that either parent previously has	509
been convicted of or pleaded guilty to any criminal offense	510
involving any act that resulted in a child being a neglected	511
child, that either parent previously has been determined to be the	512
perpetrator of the neglectful act that is the basis of an	513
adjudication that a child is a neglected child, or that there is	514
reason to believe that either parent has acted in a manner	515
resulting in a child being a neglected child, the court shall	516
consider that fact against naming that parent the residential	517
parent and against granting a shared parenting decree. When the	518
court allocates parental rights and responsibilities for the care	519
of children or determines whether to grant shared parenting in any	520
proceeding, it shall consider whether either parent has been	521
convicted of or pleaded guilty to a violation of section 2919.25	522
of the Revised Code involving a victim who at the time of the	523
commission of the offense was a member of the family or household	524
that is the subject of the proceeding, has been convicted of or	525
pleaded guilty to any other offense involving a victim who at the	526
time of the commission of the offense was a member of the family	527
or household that is the subject of the proceeding and caused	528
physical harm to the victim in the commission of the offense, or	529
has been determined to be the perpetrator of the abusive act that	530
is the basis of an adjudication that a child is an abused child.	531
If the court determines that either parent has been convicted of	532
or pleaded guilty to a violation of section 2919.25 of the Revised	533
Code involving a victim who at the time of the commission of the	534
offense was a member of the family or household that is the	535
subject of the proceeding, has been convicted of or pleaded guilty	536
to any other offense involving a victim who at the time of the	537
commission of the offense was a member of the family or household	538
that is the subject of the proceeding and caused physical harm to	539
the victim in the commission of the offense, or has been	540
determined to be the perpetrator of the abusive act that is the	541
basis of an adjudication that a child is an abused child, it may	542
designate that parent as the residential parent and may issue a	543
shared parenting decree or order only if it determines that it is	544
in the best interest of the child to name that parent the	545
residential parent or to issue a shared parenting decree or order	546
and it makes specific written findings of fact to support its	547
determination.	548

(D)(1)(a) Upon the filing of a pleading or motion by either	549
parent or both parents, in accordance with division (G) of this	550
section, requesting shared parenting and the filing of a shared	551
parenting plan in accordance with that division, the court shall	552
comply with division (D)(1)(a)(i), (ii), or (iii) of this section,	553
whichever is applicable:	554

(i) If both parents jointly make the request in their	555
pleadings or jointly file the motion and also jointly file the	556
plan, the court shall review the parents' plan to determine if it	557
is in the best interest of the children. If the court determines	558
that the plan is in the best interest of the children, the court	559
shall approve it. If the court determines that the plan or any	560
part of the plan is not in the best interest of the children, the	561
court shall require the parents to make appropriate changes to the	562
plan to meet the court's objections to it. If changes to the plan	563
are made to meet the court's objections, and if the new plan is in	564
the best interest of the children, the court shall approve the	565
plan. If changes to the plan are not made to meet the court's	566
objections, or if the parents attempt to make changes to the plan	567
to meet the court's objections, but the court determines that the	568
new plan or any part of the new plan still is not in the best	569
interest of the children, the court may reject the portion of the	570
parents' pleadings or deny their motion requesting shared	571
parenting of the children and proceed as if the request in the	572
pleadings or the motion had not been made. The court shall not	573
approve a plan under this division unless it determines that the	574
plan is in the best interest of the children.	575

(ii) If each parent makes a request in the parent's pleadings	576
or files a motion and each also files a separate plan, the court	577
shall review each plan filed to determine if either is in the best	578
interest of the children. If the court determines that one of the	579
filed plans is in the best interest of the children, the court may	580
approve the plan. If the court determines that neither filed plan	581
is in the best interest of the children, the court may order each	582
parent to submit appropriate changes to the parent's plan or both	583
of the filed plans to meet the court's objections, or may select	584
one of the filed plans and order each parent to submit appropriate	585
changes to the selected plan to meet the court's objections. If	586
changes to the plan or plans are submitted to meet the court's	587
objections, and if any of the filed plans with the changes is in	588
the best interest of the children, the court may approve the plan	589
with the changes. If changes to the plan or plans are not	590
submitted to meet the court's objections, or if the parents submit	591
changes to the plan or plans to meet the court's objections but	592
the court determines that none of the filed plans with the	593
submitted changes is in the best interest of the children, the	594
court may reject the portion of the parents' pleadings or deny	595
their motions requesting shared parenting of the children and	596
proceed as if the requests in the pleadings or the motions had not	597
been made. If the court approves a plan under this division,	598
either as originally filed or with submitted changes, or if the	599
court rejects the portion of the parents' pleadings or denies	600
their motions requesting shared parenting under this division and	601
proceeds as if the requests in the pleadings or the motions had	602
not been made, the court shall enter in the record of the case	603
findings of fact and conclusions of law as to the reasons for the	604
approval or the rejection or denial. Division (D)(1)(b) of this	605
section applies in relation to the approval or disapproval of a	606
plan under this division.	607

(iii) If each parent makes a request in the parent's	608
pleadings or files a motion but only one parent files a plan, or	609
if only one parent makes a request in the parent's pleadings or	610
files a motion and also files a plan, the court in the best	611
interest of the children may order the other parent to file a plan	612
for shared parenting in accordance with division (G) of this	613
section. The court shall review each plan filed to determine if	614
any plan is in the best interest of the children. If the court	615
determines that one of the filed plans is in the best interest of	616
the children, the court may approve the plan. If the court	617
determines that no filed plan is in the best interest of the	618
children, the court may order each parent to submit appropriate	619
changes to the parent's plan or both of the filed plans to meet	620
the court's objections or may select one filed plan and order each	621
parent to submit appropriate changes to the selected plan to meet	622
the court's objections. If changes to the plan or plans are	623
submitted to meet the court's objections, and if any of the filed	624
plans with the changes is in the best interest of the children,	625
the court may approve the plan with the changes. If changes to the	626
plan or plans are not submitted to meet the court's objections, or	627
if the parents submit changes to the plan or plans to meet the	628
court's objections but the court determines that none of the filed	629
plans with the submitted changes is in the best interest of the	630
children, the court may reject the portion of the parents'	631
pleadings or deny the parents' motion or reject the portion of the	632
parents' pleadings or deny their motions requesting shared	633
parenting of the children and proceed as if the request or	634
requests or the motion or motions had not been made. If the court	635
approves a plan under this division, either as originally filed or	636
with submitted changes, or if the court rejects the portion of the	637
pleadings or denies the motion or motions requesting shared	638
parenting under this division and proceeds as if the request or	639
requests or the motion or motions had not been made, the court	640
shall enter in the record of the case findings of fact and	641
conclusions of law as to the reasons for the approval or the	642
rejection or denial. Division (D)(1)(b) of this section applies in	643
relation to the approval or disapproval of a plan under this	644
division.	645

(b) The approval of a plan under division (D)(1)(a)(ii) or	646
(iii) of this section is discretionary with the court. The court	647
shall not approve more than one plan under either division and	648
shall not approve a plan under either division unless it	649
determines that the plan is in the best interest of the children.	650
If the court, under either division, does not determine that any	651
filed plan or any filed plan with submitted changes is in the best	652
interest of the children, the court shall not approve any plan.	653

(c) Whenever possible, the court shall require that a shared	654
parenting plan approved under division (D)(1)(a)(i), (ii), or	655
(iii) of this section ensure the opportunity for both parents to	656
have frequent and continuing contact with the child, unless	657
frequent and continuing contact with any parent would not be in	658
the best interest of the child.	659

(d) If a court approves a shared parenting plan under	660
division (D)(1)(a)(i), (ii), or (iii) of this section, the	661
approved plan shall be incorporated into a final shared parenting	662
decree granting the parents the shared parenting of the children.	663
Any final shared parenting decree shall be issued at the same time	664
as and shall be appended to the final decree of dissolution,	665
divorce, annulment, or legal separation arising out of the action	666
out of which the question of the allocation of parental rights and	667
responsibilities for the care of the children arose.	668

No provisional shared parenting decree shall be issued in	669
relation to any shared parenting plan approved under division	670
(D)(1)(a)(i), (ii), or (iii) of this section. A final shared	671
parenting decree issued under this division has immediate effect	672
as a final decree on the date of its issuance, subject to	673
modification or termination as authorized by this section.	674

(2) If the court finds, with respect to any child under	675
eighteen years of age, that it is in the best interest of the	676
child for neither parent to be designated the residential parent	677
and legal custodian of the child, it may commit the child to a	678
relative of the child or certify a copy of its findings, together	679
with as much of the record and the further information, in	680
narrative form or otherwise, that it considers necessary or as the	681
juvenile court requests, to the juvenile court for further	682
proceedings, and, upon the certification, the juvenile court has	683
exclusive jurisdiction.	684

(E)(1)(a) The court shall not modify a prior decree	685
allocating parental rights and responsibilities for the care of	686
children unless it finds, based on facts that have arisen since	687
the prior decree or that were unknown to the court at the time of	688
the prior decree, that a change has occurred in the circumstances	689
of the child, the child's residential parent, or either of the	690
parents subject to a shared parenting decree, and that the	691
modification is necessary to serve the best interest of the child.	692
In applying these standards, the court shall retain the	693
residential parent designated by the prior decree or the prior	694
shared parenting decree, unless a modification is in the best	695
interest of the child and one of the following applies:	696

(i) The residential parent agrees to a change in the	697
residential parent or both parents under a shared parenting decree	698
agree to a change in the designation of residential parent.	699

(ii) The child, with the consent of the residential parent or	700
of both parents under a shared parenting decree, has been	701
integrated into the family of the person seeking to become the	702
residential parent.	703

(iii) The harm likely to be caused by a change of environment	704
is outweighed by the advantages of the change of environment to	705
the child.	706

(b) One or both of the parents under a prior decree	707
allocating parental rights and responsibilities for the care of	708
children that is not a shared parenting decree may file a motion	709
requesting that the prior decree be modified to give both parents	710
shared rights and responsibilities for the care of the children.	711
The motion shall include both a request for modification of the	712
prior decree and a request for a shared parenting order that	713
complies with division (G) of this section. Upon the filing of the	714
motion, if the court determines that a modification of the prior	715
decree is authorized under division (E)(1)(a) of this section, the	716
court may modify the prior decree to grant a shared parenting	717
order, provided that the court shall not modify the prior decree	718
to grant a shared parenting order unless the court complies with	719
divisions (A) and (D)(1) of this section and, in accordance with	720
those divisions, approves the submitted shared parenting plan and	721
determines that shared parenting would be in the best interest of	722
the children.	723

(2) In addition to a modification authorized under division	724
(E)(1) of this section:	725

(a) Both parents under a shared parenting decree jointly may	726
modify the terms of the plan for shared parenting approved by the	727
court and incorporated by it into the shared parenting decree.	728
Modifications under this division may be made at any time. The	729
modifications to the plan shall be filed jointly by both parents	730
with the court, and the court shall include them in the plan,	731
unless they are not in the best interest of the children. If the	732
modifications are not in the best interests of the children, the	733
court, in its discretion, may reject the modifications or make	734
modifications to the proposed modifications or the plan that are	735
in the best interest of the children. Modifications jointly	736
submitted by both parents under a shared parenting decree shall be	737
effective, either as originally filed or as modified by the court,	738
upon their inclusion by the court in the plan. Modifications to	739
the plan made by the court shall be effective upon their inclusion	740
by the court in the plan.	741

(b) The court may modify the terms of the plan for shared	742
parenting approved by the court and incorporated by it into the	743
shared parenting decree upon its own motion at any time if the	744
court determines that the modifications are in the best interest	745
of the children or upon the request of one or both of the parents	746
under the decree. Modifications under this division may be made at	747
any time. The court shall not make any modification to the plan	748
under this division, unless the modification is in the best	749
interest of the children.	750

(c) The court may terminate a prior final shared parenting	751
decree that includes a shared parenting plan approved under	752
division (D)(1)(a)(i) of this section upon the request of one or	753
both of the parents or whenever it determines that shared	754
parenting is not in the best interest of the children. The court	755
may terminate a prior final shared parenting decree that includes	756
a shared parenting plan approved under division (D)(1)(a)(ii) or	757
(iii) of this section if it determines, upon its own motion or	758
upon the request of one or both parents, that shared parenting is	759
not in the best interest of the children. If modification of the	760
terms of the plan for shared parenting approved by the court and	761
incorporated by it into the final shared parenting decree is	762
attempted under division (E)(2)(a) of this section and the court	763
rejects the modifications, it may terminate the final shared	764
parenting decree if it determines that shared parenting is not in	765
the best interest of the children.	766

(d) Upon the termination of a prior final shared parenting	767
decree under division (E)(2)(c) of this section, the court shall	768
proceed and issue a modified decree for the allocation of parental	769
rights and responsibilities for the care of the children under the	770
standards applicable under divisions (A), (B), and (C) of this	771
section as if no decree for shared parenting had been granted and	772
as if no request for shared parenting ever had been made.	773

(F)(1) In determining the best interest of a child pursuant	774
to this section, whether on an original decree allocating parental	775
rights and responsibilities for the care of children or a	776
modification of a decree allocating those rights and	777
responsibilities, the court shall consider all relevant factors,	778
including, but not limited to:	779

(a) The wishes of the child's parents regarding the child's	780
care;	781

(b) If the court has interviewed the child in chambers	782
pursuant to division (B) of this section regarding the child's	783
wishes and concerns as to the allocation of parental rights and	784
responsibilities concerning the child, the wishes and concerns of	785
the child, as expressed to the court;	786

(c) The child's interaction and interrelationship with the	787
child's parents, siblings, and any other person who may	788
significantly affect the child's best interest;	789

(d) The child's adjustment to the child's home, school, and	790
community;	791

(e) The mental and physical health of all persons involved in	792
the situation;	793

(f) The parent more likely to honor and facilitate	794
court-approved parenting time rights or visitation and	795
companionship rights;	796

(g) Whether either parent has failed to make all child	797
support payments, including all arrearages, that are required of	798
that parent pursuant to a child support order under which that	799
parent is an obligor;	800

(h) Whether either parent previously has been convicted of or	801
pleaded guilty to any criminal offense involving any act that	802
resulted in a child being an abused child or a neglected child;	803
whether either parent, in a case in which a child has been	804
adjudicated an abused child or a neglected child, previously has	805
been determined to be the perpetrator of the abusive or neglectful	806
act that is the basis of an adjudication; whether either parent	807
previously has been convicted of or pleaded guilty to a violation	808
of section 2919.25 of the Revised Code involving a victim who at	809
the time of the commission of the offense was a member of the	810
family or household that is the subject of the current proceeding;	811
whether either parent previously has been convicted of or pleaded	812
guilty to any offense involving a victim who at the time of the	813
commission of the offense was a member of the family or household	814
that is the subject of the current proceeding and caused physical	815
harm to the victim in the commission of the offense; and whether	816
there is reason to believe that either parent has acted in a	817
manner resulting in a child being an abused child or a neglected	818
child;	819

(i) Whether the residential parent or one of the parents	820
subject to a shared parenting decree has continuously and	821
willfully denied the other parent's right to parenting time in	822
accordance with an order of the court;	823

(j) Whether either parent has established a residence, or is	824
planning to establish a residence, outside this state.	825

(2) In determining whether shared parenting is in the best	826
interest of the children, the court shall consider all relevant	827
factors, including, but not limited to, the factors enumerated in	828
division (F)(1) of this section, the factors enumerated in section	829
3119.23 of the Revised Code, and all of the following factors:	830

(a) The ability of the parents to cooperate and make	831
decisions jointly, with respect to the children;	832

(b) The ability of each parent to encourage the sharing of	833
love, affection, and contact between the child and the other	834
parent;	835

(c) Any history of, or potential for, child abuse, spouse	836
abuse, other domestic violence, or parental kidnapping by either	837
parent;	838

(d) The geographic proximity of the parents to each other, as	839
the proximity relates to the practical considerations of shared	840
parenting;	841

(e) The recommendation of the guardian ad litem of the child,	842
if the child has a guardian ad litem.	843

(3) When allocating parental rights and responsibilities for	844
the care of children, the court shall not give preference to a	845
parent because of that parent's financial status or condition.	846

(G) Either parent or both parents of any children may file a	847
pleading or motion with the court requesting the court to grant	848
both parents shared parental rights and responsibilities for the	849
care of the children in a proceeding held pursuant to division (A)	850
of this section. If a pleading or motion requesting shared	851
parenting is filed, the parent or parents filing the pleading or	852
motion also shall file with the court a plan for the exercise of	853
shared parenting by both parents. If each parent files a pleading	854
or motion requesting shared parenting but only one parent files a	855
plan or if only one parent files a pleading or motion requesting	856
shared parenting and also files a plan, the other parent as	857
ordered by the court shall file with the court a plan for the	858
exercise of shared parenting by both parents. The plan for shared	859
parenting shall be filed with the petition for dissolution of	860
marriage, if the question of parental rights and responsibilities	861
for the care of the children arises out of an action for	862
dissolution of marriage, or, in other cases, at a time at least	863
thirty days prior to the hearing on the issue of the parental	864
rights and responsibilities for the care of the children. A plan	865
for shared parenting shall include provisions covering all factors	866
that are relevant to the care of the children, including, but not	867
limited to, provisions covering factors such as physical living	868
arrangements, child support obligations, provision for the	869
children's medical and dental care, school placement, and the	870
parent with which the children will be physically located during	871
legal holidays, school holidays, and other days of special	872
importance.	873

(H) If an appeal is taken from a decision of a court that	874
grants or modifies a decree allocating parental rights and	875
responsibilities for the care of children, the court of appeals	876
shall give the case calendar priority and handle it expeditiously.	877

(I) As used in this section, "abused child" has the same	878
meaning as in section 2151.031 of the Revised Code, and "neglected	879
child" has the same meaning as in section 2151.03 of the Revised	880
Code.	881

(J) As used in the Revised Code, "shared parenting" means	882
that the parents share, in the manner set forth in the plan for	883
shared parenting that is approved by the court under division	884
(D)(1) and described in division (K)(6) of this section, all or	885
some of the aspects of physical and legal care of their children.	886

(K) For purposes of the Revised Code:

887

(1) A parent who is granted the care, custody, and control of	888
a child under an order that was issued pursuant to this section	889
prior to April 11, 1991, and that does not provide for shared	890
parenting has "custody of the child" and "care, custody, and	891
control of the child" under the order, and is the "residential	892
parent," the "residential parent and legal custodian," or the	893
"custodial parent" of the child under the order.	894

(2) A parent who primarily is allocated the parental rights	895
and responsibilities for the care of a child and who is designated	896
as the residential parent and legal custodian of the child under	897
an order that is issued pursuant to this section on or after April	898
11, 1991, and that does not provide for shared parenting has	899
"custody of the child" and "care, custody, and control of the	900
child" under the order, and is the "residential parent," the	901
"residential parent and legal custodian," or the "custodial	902
parent" of the child under the order.	903

(3) A parent who is not granted custody of a child under an	904
order that was issued pursuant to this section prior to April 11,	905
1991, and that does not provide for shared parenting is the	906
"parent who is not the residential parent," the "parent who is not	907
the residential parent and legal custodian," or the "noncustodial	908
parent" of the child under the order.	909

(4) A parent who is not primarily allocated the parental	910
rights and responsibilities for the care of a child and who is not	911
designated as the residential parent and legal custodian of the	912
child under an order that is issued pursuant to this section on or	913
after April 11, 1991, and that does not provide for shared	914
parenting is the "parent who is not the residential parent," the	915
"parent who is not the residential parent and legal custodian," or	916
the "noncustodial parent" of the child under the order.	917

(5) Unless the context clearly requires otherwise, if an	918
order is issued by a court pursuant to this section and the order	919
provides for shared parenting of a child, both parents have	920
"custody of the child" or "care, custody, and control of the	921
child" under the order, to the extent and in the manner specified	922
in the order.	923

(6) Unless the context clearly requires otherwise and except	924
as otherwise provided in the order, if an order is issued by a	925
court pursuant to this section and the order provides for shared	926
parenting of a child, each parent, regardless of where the child	927
is physically located or with whom the child is residing at a	928
particular point in time, as specified in the order, is the	929
"residential parent," the "residential parent and legal	930
custodian," or the "custodial parent" of the child.	931

(7) Unless the context clearly requires otherwise and except	932
as otherwise provided in the order, a designation in the order of	933
a parent as the residential parent for the purpose of determining	934
the school the child attends, as the custodial parent for purposes	935
of claiming the child as a dependent pursuant to section 152(e) of	936
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	937
1, as amended, or as the residential parent for purposes of	938
receiving public assistance pursuant to division (A)(2) of this	939
section, does not affect the designation pursuant to division	940
(K)(6) of this section of each parent as the "residential parent,"	941
the "residential parent and legal custodian," or the "custodial	942
parent" of the child.	943

Sec. 3127.01.  (A) As used in the Revised Code, "uniform	944
child custody jurisdiction and enforcement act" means the act	945
addressing interstate recognition and enforcement of child custody	946
orders adopted in 1997 by the national conference of commissioners	947
on uniform state laws or any law substantially similar to the act	948
adopted by another state.	949

(B) As used in sections 3127.01 to 3127.53 of the Revised	950
Code:	951

(1) "Abandoned" means left without provision of reasonable	952
and necessary care or supervision.	953

(2) "Child" means an individual who has not attained eighteen	954
years of age.	955

(3) "Commencement" means the filing of the first pleading in	956
a proceeding.	957

(4) "Court" means an entity authorized under the law of a	958
state to establish, enforce, or modify a parenting determination.	959

(5) "Home state" means the state in which a child lived with	960
a parent or a person acting as a parent for at least six	961
consecutive months immediately preceding the commencement of a	962
parenting proceeding and, if a child is less than six months old,	963
the state in which the child lived from birth with any of them. A	964
period of temporary absence of any of them is counted as part of	965
the six-month or other period.	966

(6) "Initial determination" means the first parenting	967
determination concerning a particular child.	968

(7) "Issuing court" means the court that makes a parenting	969
determination for which enforcement is sought under sections	970
3127.01 to 3127.53 of the Revised Code.	971

(8) "Issuing state" means the state in which a parenting	972
determination is made.	973

(9) "Modification" means a parenting determination that	974
changes, replaces, supersedes, or is otherwise made after a	975
determination concerning the same child, whether or not it is made	976
by the court that made the previous determination.	977

(10) "Parenting determination" means a judgment, decree, or	978
other order of a court that, in relation to the parents of a	979
child, allocates parental rights and responsibilities for the care	980
of the child, including any designation of parenting time rights,	981
and designates a residential parent and legal custodian of the	982
child or that, in relation to any other person, provides for the	983
legal custody, physical custody, or visitation with respect to a	984
child. The term includes permanent, temporary, initial, and	985
modification orders. The term does not include an order relating	986
to child support or other monetary obligations of an individual.	987

(11) "Parenting proceeding" means a proceeding in which a	988
parenting determination with respect to a child is an issue. The	989
term includes proceedings for divorce, dissolution, legal	990
separation, to determine whether a child is an abused, neglected,	991
or dependent child, to establish guardianship, to determine the	992
existence of a parent and child relationship, to terminate	993
parental rights, and for protection from domestic violence, in	994
which the issue may appear. The term does not include a proceeding	995
involving juvenile delinquency or contractual emancipation, or for	996
enforcement under sections 3127.31 to 3127.47 of the Revised Code.	997

(12) "Person" means an individual; corporation; business	998
trust; estate; trust; partnership; limited liability company;	999
association; joint venture; government; governmental subdivision,	1000
agency, or instrumentality; public corporation; or any other legal	1001
or commercial entity.	1002

(13) "Person acting as a parent" means a person, other than	1003
the child's parent, who meets both of the following criteria:	1004

(a) The person has physical custody of the child or has had	1005
physical custody for a period of six consecutive months, including	1006
any temporary absence from the child, within one year immediately	1007
before the commencement of a parenting proceeding; and	1008

(b) The person has been awarded legal custody by a court or	1009
claims a right to legal custody under the law of this state.	1010

(14) "Physical custody" means the physical care and	1011
supervision of a child.	1012

(15) "State" means a state of the United States, the District	1013
of Columbia, Puerto Rico, the United States Virgin Islands, or any	1014
territory or insular possession subject to the jurisdiction of the	1015
United States.	1016

(16) "Tribe" means an Indian tribe or Alaskan Native village	1017
that is recognized by federal or state law.	1018

(17) "Warrant" means an order issued by a court authorizing	1019
law enforcement officers to take physical custody of a child.	1020

Sec. 3127.02.  Sections 3127.01 to 3127.53 of the Revised	1021
Code do not govern adoption proceedings or proceedings pertaining	1022
to the authorization of emergency medical care for a child.	1023

Sec. 3127.03.  (A) A parenting proceeding that pertains to an	1024
Indian child as defined in the Indian Child Welfare Act, 25 U.S.C.	1025
1901 et seq., is not subject to sections 3127.01 to 3127.53 of the	1026
Revised Code to the extent that the proceeding is governed by the	1027
Indian Child Welfare Act.	1028

(B) A court of this state shall treat a tribe as if it were a	1029
state of the United States for the purpose of applying sections	1030
3127.01 to 3127.53 of the Revised Code.	1031

(C) A parenting determination made by a tribe under factual	1032
circumstances in substantial conformity with the jurisdictional	1033
standards of sections 3127.01 to 3127.53 of the Revised Code must	1034
be recognized and enforced under sections 3127.31 to 3127.47 of	1035
the Revised Code.	1036

Sec. 3127.04.  (A) A court of this state shall treat a	1037
foreign country as if it were a state of the United States for the	1038
purpose of applying sections 3127.01 to 3127.24 of the Revised	1039
Code.	1040

(B) Except as otherwise provided in division (C) of this	1041
section, a parenting determination made in a foreign country under	1042
factual circumstances in substantial conformity with the	1043
jurisdictional standards of sections 3127.01 to 3127.53 of the	1044
Revised Code must be recognized and enforced under sections	1045
3127.31 to 3127.47 of the Revised Code.	1046

(C) A court of this state need not apply sections 3127.01 to	1047
3127.53 of the Revised Code if the law governing parenting	1048
determinations of a foreign country violates fundamental	1049
principles of human rights.	1050

Sec. 3127.05.  A parenting determination made by a court of	1051
this state that had jurisdiction under sections 3127.01 to 3127.53	1052
of the Revised Code binds all persons who have been served in	1053
accordance with the laws of this state, notified in accordance	1054
with section 3127.07 of the Revised Code, or who have submitted to	1055
the jurisdiction of the court, and who have been given an	1056
opportunity to be heard. As to those persons, the determination is	1057
conclusive as to all decided issues of law and fact except to the	1058
extent the determination is modified.	1059

Sec. 3109.37.        Sec. 3127.06.  Upon the request of a party to a	1060
parenting proceeding whichthat raises a question of existence or	1061
exercise of jurisdiction under sections 3109.21 to 3109.363127.01	1062
to 3127.53 of the Revised Code, the casequestion shall be given	1063
calendar priority and handled expeditiously.	1064

Sec. 3127.07.  (A) Notice required for the exercise of	1065
jurisdiction over a person outside this state may be given in a	1066
manner prescribed by the Rules of Civil Procedure for service of	1067
process or by the law of the state in which the service is made.	1068
Notice shall be given in a manner reasonably calculated to give	1069
actual notice but may be by publication if other means are not	1070
effective.	1071

(B) Proof of service may be made in the manner prescribed by	1072
the Rules of Civil Procedure or by the law of the state in which	1073
the service is made.	1074

(C) Notice is not required if the person submits to the	1075
jurisdiction of the court.	1076

Sec. 3127.08.  (A) A party to a parenting proceeding,	1077
including a modification proceeding, or a petitioner or respondent	1078
in a proceeding to enforce or register a parenting determination,	1079
is not subject to personal jurisdiction in this state for another	1080
proceeding or purpose solely by reason of having participated, or	1081
of having been physically present for the purpose of	1082
participating, in the parenting proceeding.	1083

(B) A person who is subject to personal jurisdiction in this	1084
state on a basis other than physical presence is not immune from	1085
service of process in this state. A party present in this state	1086
who is subject to the jurisdiction of another state is not immune	1087
from service of process allowable under the laws of that state.	1088

(C) The immunity granted by division (A) of this section does	1089
not extend to civil litigation based on acts unrelated to the	1090
participation in a proceeding under sections 3127.01 to 3127.53 of	1091
the Revised Code that are committed by an individual while present	1092
in this state.	1093

Sec. 3127.09. (A) A court of this state may communicate with	1094
a court in another state concerning a proceeding arising under	1095
sections 3127.01 to 3127.53 of the Revised Code.	1096

(B) The court shall give the parties the opportunity to	1097
participate in the communication. If the parties are not able to	1098
participate in the communication, they shall be given the	1099
opportunity to present facts and legal arguments before a decision	1100
concerning jurisdiction is made.	1101

(C) Communication between courts concerning scheduling,	1102
calendars, court records, and similar matters may occur without	1103
informing the parties. The parties shall be informed promptly of	1104
communication concerning court records and be granted access to	1105
those records.	1106

(D) A record shall be made of a communication under this	1107
section. The parties shall be informed promptly of the	1108
communication and granted access to the record.	1109

(E) For the purposes of this section, "record" means	1110
information that is inscribed on a tangible medium or that is	1111
stored in an electronic or other medium and is retrievable in	1112
perceivable form.	1113

Sec. 3127.10.  (A) In addition to other procedures available	1114
to a party, a party to a parenting proceeding may offer testimony	1115
of witnesses who are located in another state, including testimony	1116
of the parties and the child, by deposition or other means	1117
allowable in this state for testimony taken in another state. The	1118
court on its own motion may order that the testimony of a person	1119
be taken in another state and may prescribe the manner in which	1120
and the terms upon which the testimony is taken.	1121

(B) A court of this state may permit an individual residing	1122
in another state to be deposed or to testify by telephone,	1123
audiovisual means, or other electronic means before a designated	1124
court or at another location in that state. A court of this state	1125
shall cooperate with courts of other states in designating an	1126
appropriate location for the deposition or testimony.	1127

(C) Documentary evidence transmitted from another state to a	1128
court of this state by technological means that do not produce an	1129
original writing may not be excluded from evidence on an objection	1130
based on the means of transmission.	1131

Sec. 3127.11.  (A) A court of this state may request the	1132
appropriate court of another state to do any of the following:	1133

(1) Hold an evidentiary hearing;

1134

(2) Order a person to produce or give evidence pursuant to	1135
procedures of that state;	1136

(3) Order that an evaluation be made concerning the	1137
allocation of parental rights and responsibilities for the care of	1138
a child involved in a pending proceeding with respect to the	1139
designation of a parent as the residential parent and legal	1140
custodian of the child and with respect to the custody of the	1141
child in any other person;	1142

(4) Forward to the court of this state a certified copy of	1143
the transcript of the record of the hearing, the evidence	1144
otherwise presented, and any evaluation prepared in compliance	1145
with the request;	1146

(5) Order a party to a parenting proceeding or any person	1147
having physical custody of the child to appear in the proceeding	1148
with or without the child.	1149

(B) Upon request of a court of another state, a court of this	1150
state may hold a hearing or enter an order described in division	1151
(A) of this section.	1152

(C) The court may assess travel and other necessary and	1153
reasonable expenses incurred under divisions (A) and (B) of this	1154
section against the parties according to the law of this state.	1155

(D) A court of this state shall preserve the pleadings,	1156
orders, decrees, records of hearings, evaluations, and other	1157
pertinent records with respect to a parenting proceeding until the	1158
child attains eighteen years of age. Upon appropriate request by a	1159
court or law enforcement official of another state, the court	1160
shall forward a certified copy of those records.	1161

Sec. 3127.15.  (A) Except as otherwise provided in section	1162
3127.18 of the Revised Code, a court of this state has	1163
jurisdiction to make an initial determination in a parenting	1164
proceeding only if one of the following applies:	1165

(1) This state is the home state of the child on the date of	1166
the commencement of the proceeding, or was the home state of the	1167
child within six months before the commencement of the proceeding	1168
and the child is absent from this state but a parent or person	1169
acting as a parent continues to live in this state.	1170

(2) A court of another state does not have jurisdiction under	1171
division (A)(1) of this section or a court of the home state of	1172
the child has declined to exercise jurisdiction on the basis that	1173
this state is the more appropriate forum under section 3127.21 or	1174
3127.22 of the Revised Code and both of the following are the	1175
case:	1176

(a) The child and the child's parents, or the child and at	1177
least one parent or a person acting as a parent, have a	1178
significant connection with this state other than mere physical	1179
presence.	1180

(b) Substantial evidence is available in this state	1181
concerning the child's care, protection, training, and personal	1182
relationships.	1183

(3) All courts having jurisdiction under division (A)(1) or	1184
(2) of this section have declined to exercise jurisdiction on the	1185
ground that a court of this state is the more appropriate forum to	1186
determine the custody of the child under section 3127.21 or	1187
3127.22 of the Revised Code or a similar statute enacted by	1188
another state.	1189

(4) No court of any other state would have jurisdiction under	1190
the criteria specified in division (A)(1), (2), or (3) of this	1191
section.	1192

(B) Division (A) of this section is the exclusive	1193
jurisdictional basis for making a parenting determination by a	1194
court of this state.	1195

(C) Physical presence of, or personal jurisdiction over, a	1196
party or a child is not necessary or sufficient to make a	1197
parenting determination.	1198

Sec. 3127.16.  Except as otherwise provided in section	1199
3127.18 of the Revised Code, a court of this state that has made a	1200
parenting determination consistent with section 3127.15 or 3127.17	1201
of the Revised Code has exclusive, continuing jurisdiction over	1202
the determination until this court or a court of another state	1203
determines that the child, the child's parents, and any person	1204
acting as a parent do not presently reside in this state.	1205

Sec. 3127.17.  Except as otherwise provided in section	1206
3127.18 of the Revised Code, a court of this state may not modify	1207
a parenting determination made by a court of another state unless	1208
the court of this state has jurisdiction to make an initial	1209
determination under division (A)(1) or (2) of section 3127.15 and	1210
one of the following applies:	1211

(A) The court of the other state determines that it no longer	1212
has exclusive, continuing jurisdiction under section 3127.16 of	1213
the Revised Code or a similar statute of the other state or that a	1214
court of this state would be a more convenient forum under section	1215
3127.21 of the Revised Code or a similar statute of the other	1216
state.	1217

(B) The court of this state or a court of the other state	1218
determines that the child, the child's parents, and any person	1219
acting as a parent do not presently reside in the other state.	1220

Sec. 3127.18.  (A) A court of this state has temporary	1221
emergency jurisdiction if a child is present in this state and	1222
either of the following applies:	1223

(1) The child has been abandoned.

1224

(2) It is necessary in an emergency to protect the child	1225
because the child, or a sibling or parent of the child, is	1226
subjected to or threatened with mistreatment or abuse.	1227

(B) If there is no previous parenting determination that is	1228
entitled to be enforced under this chapter and a parenting	1229
proceeding has not been commenced in a court of a state having	1230
jurisdiction under sections 3127.15 to 3127.17 of the Revised Code	1231
or a similar statute of another state, a parenting determination	1232
made under this section remains in effect until an order is	1233
obtained from a court of a state having jurisdiction under	1234
sections 3127.15 to 3127.17 of the Revised Code or a similar	1235
statute of another state. If a parenting proceeding has not been	1236
or is not commenced in a court of a state having jurisdiction	1237
under sections 3127.15 to 3127.17 of the Revised Code or a similar	1238
statute of another state, a parenting determination made under	1239
this section becomes a final determination, if it so provides and	1240
this state becomes the home state of the child.	1241

(C) If there is a previous parenting determination that is	1242
entitled to be enforced under this chapter, or a parenting	1243
proceeding has been commenced in a court of a state having	1244
jurisdiction under sections 3127.15 to 3127.17 of the Revised Code	1245
or a similar statute of another state, any order issued by a court	1246
of this state under this section must specify in the order a	1247
period that the court considers adequate to allow the person	1248
seeking an order to obtain an order from the state having	1249
jurisdiction under sections 3127.15 to 3127.17 of the Revised Code	1250
or a similar statute of another state. The order issued in this	1251
state remains in effect until an order is obtained from the other	1252
state within the period specified or until the period expires.	1253

(D) A court of this state that has been asked to make a	1254
parenting determination under this section, upon being informed	1255
that a parenting proceeding has been commenced in or a parenting	1256
determination has been made by a court of a state having	1257
jurisdiction under sections 3127.15 to 3127.17 of the Revised Code	1258
or a similar statute of another state, shall immediately	1259
communicate with the other court. A court of this state that is	1260
exercising jurisdiction pursuant to sections 3127.15 to 3127.17 of	1261
the Revised Code, upon being informed that a parenting proceeding	1262
has been commenced in or a parenting determination has been made	1263
by a court of another state under a statute similar to this	1264
section, shall immediately communicate with the court of that	1265
state to resolve the emergency, protect the safety of the parties	1266
and the child, and determine a period for the duration of the	1267
temporary order.	1268

Sec. 3127.19.  (A) Before a parenting determination is made	1269
under this chapter, notice and an opportunity to be heard in	1270
accordance with the standards set forth in section 3127.07 of the	1271
Revised Code shall be given to all persons entitled to notice	1272
under the law of this state as in parenting proceedings between	1273
residents of this state, any parent whose parental rights have not	1274
been previously terminated, and any person having physical custody	1275
of the child.	1276

(B) This chapter does not govern the enforceability of a	1277
parenting determination made without notice or an opportunity to	1278
be heard.	1279

(C) The obligation to join a party and the right to intervene	1280
as a party in a parenting proceeding under this chapter shall be	1281
governed by the law of this state as in parenting proceedings	1282
between residents of this state.	1283

Sec. 3127.20.  (A) Except as otherwise provided in section	1284
3127.18 of the Revised Code, a court of this state may not	1285
exercise its jurisdiction under sections 3127.15 to 3127.17 of the	1286
Revised Code if, at the time of the commencement of the	1287
proceeding, a parenting proceeding concerning the child is pending	1288
in a court of another state having jurisdiction substantially in	1289
conformity with this chapter, unless the proceeding has been	1290
terminated or is stayed by the court of the other state because a	1291
court of this state is a more convenient forum under section	1292
3127.21 of the Revised Code or a similar statute of the other	1293
state.	1294

(B) Except as otherwise provided in section 3127.18 of the	1295
Revised Code, a court of this state, before hearing a parenting	1296
proceeding, shall examine the court documents and other	1297
information supplied by the parties pursuant to section 3127.23 of	1298
the Revised Code. If the court determines that a parenting	1299
proceeding is pending in a court in another state having	1300
jurisdiction substantially in accordance with this chapter, the	1301
court of this state shall stay its proceeding and communicate with	1302
the court of the other state. If the court of the state having	1303
jurisdiction substantially in accordance with this chapter does	1304
not determine that the court of this state is a more appropriate	1305
forum, the court of this state shall dismiss the proceeding.	1306

(C) In a proceeding to modify a parenting determination, a	1307
court of this state shall determine whether a proceeding to	1308
enforce the determination has been commenced in another state. If	1309
a proceeding to enforce a parenting determination has been	1310
commenced in another state, the court may do any of the following:	1311

(1) Stay the proceeding for modification pending the entry of	1312
an order of a court of the other state enforcing, staying,	1313
denying, or dismissing the proceeding for enforcement;	1314

(2) Enjoin the parties from continuing with the proceeding	1315
for enforcement;	1316

(3) Proceed with the modification under conditions the court	1317
considers appropriate.	1318

Sec. 3127.21.  (A) A court of this state that has	1319
jurisdiction under this chapter to make a parenting determination	1320
may decline to exercise its jurisdiction at any time if it	1321
determines that it is an inconvenient forum under the	1322
circumstances and that a court of another state is a more	1323
convenient forum. The issue of inconvenient forum may be raised	1324
upon motion of a party, the court's own motion, or at the request	1325
of another court.	1326

(B) Before determining whether it is an inconvenient forum, a	1327
court of this state shall consider whether it is appropriate for a	1328
court of another state to exercise jurisdiction. For this purpose,	1329
the court shall allow the parties to submit information and shall	1330
consider all relevant factors, including the following:	1331

(1) Whether domestic violence has occurred and is likely to	1332
continue in the future and which state could best protect the	1333
parties and the child;	1334

(2) The length of time the child has resided outside this	1335
state;	1336

(3) The distance between the court in this state and the	1337
court in the state that would assume jurisdiction;	1338

(4) The relative financial circumstances of the parties;

1339

(5) Any agreement of the parties as to which state should	1340
assume jurisdiction;	1341

(6) The nature and location of the evidence required to	1342
resolve the pending litigation, including the testimony of the	1343
child;	1344

(7) The ability of the court of each state to decide the	1345
issue expeditiously and the procedures necessary to present the	1346
evidence;	1347

(8) The familiarity of the court of each state with the facts	1348
and issues in the pending litigation.	1349

(C) If a court of this state determines that it is an	1350
inconvenient forum and that a court of another state is a more	1351
appropriate forum, it shall stay the proceedings upon condition	1352
that a parenting proceeding be promptly commenced in another	1353
designated state and may impose any other condition the court	1354
considers just and proper.	1355

(D) A court of this state may decline to exercise its	1356
jurisdiction under this chapter if a parenting determination is	1357
incidental to an action for divorce or another proceeding while	1358
still retaining jurisdiction over the divorce or other proceeding.	1359

Sec. 3127.22.  (A) Except as otherwise provided in section	1360
3127.18 of the Revised Code or another law of this state, if a	1361
court of this state has jurisdiction under this chapter because a	1362
person seeking to invoke its jurisdiction has engaged in	1363
unjustifiable conduct, the court shall decline to exercise its	1364
jurisdiction unless one of the following applies:	1365

(1) The parents and all persons acting as parents have agreed	1366
to the exercise of jurisdiction.	1367

(2) A court of the state otherwise having jurisdiction under	1368
sections 3127.15 to 3127.17 of the Revised Code determines that	1369
this state is a more appropriate forum under section 3127.21 of	1370
the Revised Code.	1371

(3) No court of any other state would have jurisdiction under	1372
the criteria specified in sections 3127.15 to 3127.17 of the	1373
Revised Code.	1374

(B) If a court of this state declines to exercise its	1375
jurisdiction pursuant to division (A) of this section, it may	1376
fashion an appropriate remedy to ensure the safety of the child	1377
and prevent a repetition of the unjustifiable conduct, including	1378
staying the proceeding until a parenting proceeding is commenced	1379
in a court having jurisdiction under sections 3127.15 to 3127.17	1380
of the Revised Code or a similar statute of another state.	1381

(C) If a court dismisses a petition or stays a proceeding	1382
because it declines to exercise its jurisdiction pursuant to	1383
division (A) of this section, it shall assess against the party	1384
seeking to invoke its jurisdiction necessary and reasonable	1385
expenses including costs, communication expenses, attorney's fees,	1386
investigative fees, expenses for witnesses, travel expenses, and	1387
child care during the course of the proceedings, unless the party	1388
from whom fees are sought establishes that the assessment would be	1389
clearly inappropriate. The court may not assess fees, costs, or	1390
expenses against this state unless authorized by law other than	1391
this chapter.	1392

Sec. 3109.27.        Sec. 3127.23.  (A) Each party in a parenting	1393
proceeding, in the party's first pleading or in an affidavit	1394
attached to that pleading, shall give information if reasonably	1395
ascertainable under oath as to the child's present address or	1396
whereabouts, the places where the child has lived within the last	1397
five years, and the name and present address of each person with	1398
whom the child has lived during that period. In this pleading or	1399
affidavit, each party also shall include all of the following	1400
information:	1401

(1) Whether the party has participated as a party, a witness,	1402
or in any other capacity in any other litigation, in this or any	1403
other state, that concernedproceeding concerning the allocation,	1404
between the parents of the same child, of parental rights and	1405
responsibilities for the care of the child including any	1406
designation of parenting time rights and the designation of the	1407
residential parent and legal custodian of the child or that	1408
otherwise concerned the custody of or visitation with the same	1409
child and, if so, the court, case number and the date of the	1410
parenting determination, if any;	1411

(2) Whether the party has information of any parenting	1412
proceeding concerning the child pending in a court of this or any	1413
other stateknows of any proceedings that could affect the current	1414
proceeding, including proceedings for enforcement of parenting	1415
determinations, proceedings relating to domestic violence or	1416
protective orders, proceedings to adjudicate the child as an	1417
abused, neglected, or dependent child, proceedings seeking	1418
termination of parental rights, and adoptions, and, if so, the	1419
court, the case number, and the nature of the proceeding;	1420

(3) Whether the party knows of any person who is not a party	1421
to the proceeding and has physical custody of the child or claims	1422
to be a parent of the child who is designated the residential	1423
parent and legal custodian of the child or to have parenting time	1424
rights with respect to the child or to be a person other than a	1425
parent of the child who has custody or visitation rights with	1426
respect to the child;	1427

(4) Whether the party previously has been convicted of or	1428
pleaded guilty to any criminal offense involving any act that	1429
resulted in a child being an abused child or a neglected child or	1430
previously has been determined, in a case in which a child has	1431
been adjudicated an abused child or a neglected child, to be the	1432
perpetrator of the abusive or neglectful act that was the basis of	1433
the adjudicationand, if so, the names and addresses of those	1434
persons.	1435

(B) If the information required by division (A) of this	1436
section is not furnished, the court, upon motion of a party or its	1437
own motion, may stay the proceeding until the information is	1438
furnished.	1439

(C) If the declaration under division (A)(1), (2), or (3), or	1440
(4) of this section is in the affirmative, the court may require	1441
the declarant toshall give additional information under oathas	1442
required by the court. The court may examine the parties under	1443
oath as to details of the information furnished and as to other	1444
matters pertinent to the court's jurisdiction and the disposition	1445
of the case.	1446

(C)(D) Each party has a continuing duty to inform the court	1447
of any parenting proceeding concerning the child in this or any	1448
other state of which the party obtained information during this	1449
that could affect the current proceeding.	1450

(D)(E) If a party alleges in an affidavit or a pleading under	1451
oath that the health, safety, or liberty of a party or child would	1452
be jeopardized by the disclosure of identifying information, the	1453
information must be sealed and may not be disclosed to the other	1454
party or the public unless the court orders the disclosure to be	1455
made after a hearing in which the court takes into consideration	1456
the health, safety, and liberty of the party or child and	1457
determines that the disclosure is in the interests of justice.	1458

(F) A public children services agency, acting pursuant to a	1459
complaint or an action on a complaint filed under section 2151.27	1460
of the Revised Code, is not subject to the requirements of this	1461
section.	1462

(E)(G) As used in this section, "abused child" has the same	1463
meaning as in section 2151.031 of the Revised Code, and "neglected	1464
child" has the same meaning as in section 2151.03 of the Revised	1465
Code, and "dependent child" has the same meaning as in section	1466
2151.04 of the Revised Code.	1467

Sec. 3109.29.        Sec. 3127.24.  (A) The court may order any party to a	1468
parenting proceeding who is in this state to appear personally	1469
before the court with or without the child. If that partyThe	1470
court may order any person who is in this state and who has	1471
physical custody or control of the child, the court may order that	1472
heto appear personally with the child.	1473

(B) If a party to a parenting proceeding whose presence is	1474
desired by the court is outside this state with or without the	1475
child, the court may order that the notice given under division	1476
(B) of section 3109.233127.07 of the Revised Code include a	1477
statement directing that party to appear personally with or	1478
without the child and declaringinforming the party that failure	1479
to appear may result in a decision adverse to that party.	1480

(C) The court may enter any orders necessary to ensure the	1481
safety of the child and of any person ordered to appear under this	1482
section.	1483

(D) If a party to a parenting proceeding who is outside this	1484
state is directed to appear under division (B) of this section or	1485
desires to appear personally before the court with or without the	1486
child, the court may require another party to pay to the clerk of	1487
the courtreasonable and necessary travel and other necessary	1488
expenses for the appearance of the party and the child who are	1489
outside this state, if this is just and proper under the	1490
circumstances.	1491

Sec. 3127.31.  As used in sections 3127.31 to 3127.47 of the	1492
Revised Code:	1493

(A) "Petitioner" means a person who seeks enforcement of an	1494
order for return of a child under the Hague Convention on the	1495
Civil Aspects of International Child Abduction or enforcement of a	1496
parenting determination.	1497

(B) "Respondent" means a person against whom a proceeding has	1498
been commenced for enforcement of an order for return of a child	1499
under the Hague Convention on the Civil Aspects of International	1500
Child Abduction or enforcement of a parenting determination.	1501

Sec. 3127.32.  Under this chapter, as between a parent and a	1502
nonparent, a juvenile court of this state or, as between parents,	1503
a domestic relations division of a court of common pleas of this	1504
state, may enforce an order for the return of a child made under	1505
the Hague Convention on the Civil Aspects of International Child	1506
Abduction as if it were a parenting determination.	1507

Sec. 3127.33.  (A) A court of this state shall recognize and	1508
enforce a parenting determination of a court of another state if	1509
that state exercised jurisdiction in substantial conformity with	1510
this chapter or the determination was made under factual	1511
circumstances meeting the jurisdictional standards of this chapter	1512
and the determination has not been modified in accordance with	1513
this chapter.	1514

(B) A court of this state may use any remedy available under	1515
other law of this state to enforce a parenting determination made	1516
by a court of another state. The remedies provided in sections	1517
3127.31 to 3127.47 of the Revised Code are cumulative and do not	1518
affect the availability of other remedies to enforce a parenting	1519
determination.	1520

Sec. 3127.34.  (A) A court of this state that does not have	1521
jurisdiction to modify a child custody determination may issue a	1522
temporary order enforcing either of the following:	1523

(1) A parenting time or visitation schedule made by a court	1524
of another state;	1525

(2) The parenting time or visitation provisions of a	1526
parenting determination of another state that does not provide for	1527
a specific parenting time or visitation schedule.	1528

(B) If a court of this state makes an order under division	1529
(A)(2) of this section, it shall specify in the order a period	1530
that it considers adequate to allow the petitioner to obtain an	1531
order from a court having jurisdiction under the criteria	1532
specified in sections 3127.15 to 3127.24 of the Revised Code. The	1533
order shall remain in effect until an order is obtained from the	1534
other court or until the period expires.	1535

Sec. 3127.35.  (A) The clerk of each juvenile court of this	1536
state shall maintain a parenting determination registry with	1537
respect to parenting determinations involving a parent and a	1538
nonparent, and the clerk of each domestic relations division of a	1539
court of common pleas in this state shall maintain a parenting	1540
determination registry with respect to parenting determinations	1541
involving two parents.	1542

(B) A parenting determination issued by a court of another	1543
state may be registered in this state with or without a	1544
simultaneous request for enforcement by sending to the clerk of a	1545
juvenile court in this state all of the following:	1546

(1) A letter or other document requesting that the parenting	1547
determination be registered;	1548

(2) Two copies, including one certified copy, of the	1549
determination sought to be registered, and a statement under	1550
penalty of perjury that, to the best of the knowledge and belief	1551
of the person seeking registration, the order has not been	1552
modified;	1553

(3) Except as otherwise provided in section 3127.23 of the	1554
Revised Code, the name and address of the person seeking	1555
registration and any parent who is designated the residential	1556
parent and legal custodian of the child or to have parenting time	1557
with respect to the child or any person acting as a parent who has	1558
been awarded custody or visitation in the parenting determination	1559
sought to be registered.	1560

(C) On receipt of the documents and information required by	1561
division (B) of this section, the registering court shall do both	1562
of the following:	1563

(1) Cause the parenting determination to be filed as a	1564
foreign judgment together with one copy of any accompanying	1565
documents and information, regardless of their form;	1566

(2) Serve notice of the registration request on the persons	1567
named pursuant to division (B)(3) of this section, and provide	1568
them with an opportunity to contest the registration in accordance	1569
with this section.	1570

(D) The notice required by division (C)(2) of this section	1571
shall state all of the following:	1572

(1) That the registered parenting determination is	1573
enforceable as of the date of the registration in the same manner	1574
as a parenting determination issued by a court of this state;	1575

(2) That a hearing to contest the validity of the registered	1576
determination must be requested within thirty days after service	1577
of notice;	1578

(3) That failure to contest the registration shall result in	1579
confirmation of the parenting determination and preclude further	1580
contest of that determination with respect to any matter that	1581
could have been asserted.	1582

(E) A person seeking to contest the validity of a registered	1583
order shall request a hearing within thirty days after service of	1584
the notice. At that hearing, the court shall confirm the	1585
registered order unless the person contesting registration	1586
establishes one of the following circumstances:	1587

(1) The issuing court did not have jurisdiction under	1588
sections 3127.15 to 3127.24 of the Revised Code or a similar	1589
statute of another state.	1590

(2) The parenting determination sought to be registered has	1591
been vacated, stayed, or modified by a court having jurisdiction	1592
to do so under sections 3127.15 to 3127.24 of the Revised Code or	1593
a similar statute of another state.	1594

(3) The person contesting registration was entitled to notice	1595
of the parenting proceeding for which registration is sought, but	1596
notice was not given in accordance with the standards of section	1597
3127.07 of the Revised Code or a similar statute of another state.	1598

(F) If a timely request for a hearing to contest the validity	1599
of the registration is not made, the registration is confirmed as	1600
a matter of law and the person requesting registration and all	1601
persons served in accordance with division (B)(2) of this section	1602
must be notified of the confirmation.	1603

(G) Confirmation of a registered parenting determination,	1604
whether by operation of law or after notice and hearing, precludes	1605
further contest of the determination with respect to any matter	1606
that could have been asserted at the time of registration.	1607

Sec. 3127.36.  (A) A juvenile court of this state may grant	1608
any relief normally available under the law of this state to	1609
enforce a registered parenting determination made by a court of	1610
another state.	1611

(B) A juvenile court of this state with respect to a	1612
proceeding involving a parent and a nonparent, or the domestic	1613
relations division of a court of common pleas of this state with	1614
respect to a parenting proceeding involving two parents, shall	1615
recognize and enforce, but may not modify except in accordance	1616
with sections 3127.15 to 3127.24 of the Revised Code, a registered	1617
parenting determination of a court of another state.	1618

Sec. 3127.37.  If a proceeding for enforcement under sections	1619
3127.31 to 3127.46 of the Revised Code is commenced in a juvenile	1620
court of this state with respect to a proceeding involving a	1621
parent and a nonparent or is commenced in a domestic relations	1622
division of a court of common pleas with respect to a proceeding	1623
between parents and the court determines that a proceeding to	1624
modify the determination is pending in a court of another state	1625
having jurisdiction to modify the determination under sections	1626
3127.15 to 3127.24 of the Revised Code or a similar statute of	1627
another state, the enforcing court shall immediately communicate	1628
with the modifying court. The proceeding for enforcement shall	1629
continue unless the enforcing court, after consultation with the	1630
modifying court, stays or dismisses the proceeding.	1631

Sec. 3127.38.  (A) A petition for enforcement pursuant to	1632
sections 3127.31 to 3127.46 of the Revised Code must be verified.	1633
Certified copies of all orders sought to be enforced and of any	1634
order confirming registration must be attached to the petition. A	1635
copy of a certified copy of an order may be attached instead of	1636
the original.	1637

(B) A petition for enforcement of a parenting determination	1638
shall state all of the following:	1639

(1) Whether the court that issued the parenting determination	1640
identified the jurisdictional basis it relied upon in exercising	1641
jurisdiction and, if so, what the basis was;	1642

(2) Whether the determination for which enforcement is sought	1643
has been vacated, stayed, or modified by a court whose decision	1644
must be enforced under this chapter and, if so, identify the	1645
court, the case number, and the nature of the proceeding;	1646

(3) Whether any proceeding has been commenced that could	1647
affect the current proceeding, including proceedings for	1648
enforcement of parenting determinations, proceedings relating to	1649
domestic violence or protective orders, proceedings to adjudicate	1650
the child as an abused, neglected, or dependent child, proceedings	1651
seeking termination of parental rights, and adoptions, and, if so,	1652
the court, the case number, and the nature of the proceeding;	1653

(4) The present physical address of the child and the	1654
respondent, if known;	1655

(5) Whether relief in addition to the immediate physical	1656
custody of the child and attorney's fees is sought, including a	1657
request for assistance from law enforcement officials and, if so,	1658
the relief sought;	1659

(6) If the parenting determination has been registered and	1660
confirmed under section 3127.35 of the Revised Code, the date and	1661
place of registration.	1662

(C) Upon the filing of a petition, the court shall issue an	1663
order directing the respondent to appear in person with or without	1664
the child at a hearing and may enter any order necessary to ensure	1665
the safety of the parties and the child. If possible, the hearing	1666
must be held on the next judicial day after service of the order.	1667
If holding the hearing on that date is impossible, the court shall	1668
hold the hearing on the first judicial day possible. The court may	1669
extend the date of the hearing at the request of the petitioner.	1670

(D) An order issued under division (C) of this section shall	1671
state the time and place of the hearing and advise the respondent	1672
that at the hearing the court will order that the petitioner may	1673
take immediate physical custody of the child and that the	1674
respondent pay fees, costs, and expenses under section 3127.42 of	1675
the Revised Code and may schedule a hearing to determine whether	1676
further relief is appropriate, unless the respondent appears and	1677
establishes either of the following:	1678

(1) That the parenting determination has not been registered	1679
and confirmed under section 3127.35 of the Revised Code and that	1680
one of the following circumstances applies:	1681

(a) The issuing court did not have jurisdiction under	1682
sections 3127.15 to 3127.24 of the Revised Code or a similar	1683
statute of another state.	1684

(b) The parenting determination for which enforcement is	1685
sought has been vacated, stayed, or modified by a court having	1686
jurisdiction to do so under sections 3127.15 to 3127.24 of the	1687
Revised Code or a similar statute of another state.	1688

(c) The respondent was entitled to notice of the parenting	1689
proceeding for which enforcement is sought, but notice was not	1690
given in accordance with the standards of section 3127.07 of the	1691
Revised Code or a similar statute of another state.	1692

(2) That the parenting determination for which enforcement is	1693
sought was registered and confirmed under section 3127.35 of the	1694
Revised Code but has been vacated, stayed, or modified by a court	1695
of a state having jurisdiction to do so under sections 3127.15 to	1696
3127.24 of the Revised Code or a similar statute of another state.	1697

Sec. 3127.39.  Except as otherwise provided in section	1698
3127.41 of the Revised Code, the petition and order shall be	1699
served by any method authorized by the Rules of Civil Procedure	1700
upon respondent and any person who has physical custody of the	1701
child.	1702

Sec. 3127.40.  (A) Unless the court issues a temporary	1703
emergency order pursuant to section 3127.18 of the Revised Code,	1704
upon a finding that a petitioner is entitled to immediate physical	1705
custody of the child, the court shall order that the petitioner	1706
may take immediate physical custody of the child unless the	1707
respondent establishes either of the following:	1708

(1) That the parenting determination has not been registered	1709
and confirmed under section 3127.35 of the Revised Code and that	1710
one of the following circumstances applies:	1711

(a) The issuing court did not have jurisdiction under	1712
sections 3127.15 to 3127.24 of the Revised Code or a similar	1713
statute of another state.	1714

(b) The parenting determination for which enforcement is	1715
sought has been vacated, stayed, or modified by a court of a state	1716
having jurisdiction to do so under sections 3127.15 to 3127.24 of	1717
the Revised Code or a similar statute of another state.	1718

(c) The respondent was entitled to notice of the parenting	1719
proceeding for which enforcement is sought, but notice was not	1720
given in accordance with the standards of section 3127.07 of the	1721
Revised Code or a similar statute of another state.	1722

(2) That the child custody determination for which	1723
enforcement is sought was registered and confirmed under section	1724
3127.35 of the Revised Code but has been vacated, stayed, or	1725
modified by a court of a state having jurisdiction to do so under	1726
sections 3127.15 to 3127.24 of the Revised Code or a similar	1727
statute of another state.	1728

(B) The court shall award the fees, costs, and expenses	1729
authorized under section 3127.42 of the Revised Code, and may	1730
grant additional relief, including a request for the assistance of	1731
law enforcement officials, and shall set a further hearing to	1732
determine whether the additional relief is appropriate.	1733

(C) If a party called to testify in a proceeding to enforce a	1734
parenting determination refuses to answer on the basis that the	1735
testimony may be self-incriminating, the court may draw an adverse	1736
inference from the refusal.	1737

(D) A privilege against disclosure of communications between	1738
spouses and a defense of immunity based on the relationship of	1739
husband and wife or parent and child may not be invoked in a	1740
proceeding under this chapter.	1741

Sec. 3127.41.  (A) Upon the filing of a petition seeking	1742
enforcement of a parenting determination, the petitioner may file	1743
a verified application for the issuance of a warrant to take	1744
physical custody of the child if the child is imminently likely to	1745
suffer serious physical harm or be removed from this state.	1746

(B) If the court, upon the testimony of the petitioner or	1747
another witness, finds that the child is imminently likely to	1748
suffer serious physical harm or be removed from this state, it may	1749
issue a warrant to take physical custody of the child. If	1750
possible, the court shall hear the petition on the next judicial	1751
day after the warrant is executed. If it is impossible to hold a	1752
hearing on that date, the court shall hold the hearing on the	1753
first judicial day possible. The application for the warrant shall	1754
include the statements required by division (B) of section 3127.38	1755
of the Revised Code.	1756

(C) A warrant to take physical custody of a child shall do	1757
all of the following:	1758

(1) Specify the facts upon which a conclusion of imminent	1759
serious physical harm or removal from the jurisdiction is based;	1760

(2) Direct law enforcement officers to take physical custody	1761
of the child immediately;	1762

(3) Provide for the placement of the child pending final	1763
relief.	1764

(D) The respondent shall be served with the petition,	1765
warrant, and order immediately after the child is taken into	1766
physical custody.	1767

(E) A warrant to take physical custody of a child is	1768
enforceable throughout this state. If the court finds on the basis	1769
of the testimony of the petitioner or another witness that a less	1770
intrusive remedy is not effective, it may authorize law	1771
enforcement officers to enter private property to take physical	1772
custody of the child. If required by exigent circumstances of the	1773
case, the court may authorize law enforcement officers to make a	1774
forcible entry at any hour.	1775

(F) The court may impose conditions upon the placement of a	1776
child to ensure the appearance of the child and the child's	1777
custodian.	1778

Sec. 3127.42.  (A) A court shall award the prevailing party	1779
in an action to enforce a parenting determination, including a	1780
state, necessary and reasonable expenses incurred by or on behalf	1781
of the party, including costs, communication expenses, attorney's	1782
fees, investigative fees, expenses for witnesses, travel expenses,	1783
and child care during the course of the proceedings, unless the	1784
party from whom fees or expenses are sought establishes that the	1785
award would be clearly inappropriate.	1786

(B) The court shall not assess fees, costs, or expenses	1787
against a state unless authorized by law other than this chapter.	1788

Sec. 3127.43.  A court of this state shall accord full faith	1789
and credit to an order issued by another state consistent with	1790
this chapter that enforces a parenting determination by a court of	1791
another state unless the order has been vacated, stayed, or	1792
modified by a court having jurisdiction to do so under sections	1793
3127.15 to 3127.24 of the Revised Code or a similar statute of	1794
another state.	1795

Sec. 3127.44.  An appeal may be taken from a final order in a	1796
proceeding under sections 3127.31 to 3127.47 of the Revised Code.	1797
The supreme court of this state shall, by rule, provide for	1798
expedited appellate review of cases appealed under this section.	1799
Unless the court enters a temporary emergency order under section	1800
3127.18 of the Revised Code, the enforcing court may not stay an	1801
order enforcing a parenting determination pending appeal.	1802

Sec. 3127.45.  (A) In a case arising under this chapter or	1803
involving the Hague Convention on the Civil Aspects in	1804
International Child Abduction, the prosecutor may take any lawful	1805
action, including resort to a proceeding under sections 3127.31 to	1806
3127.47 of the Revised Code or any other available civil	1807
proceeding, to locate a child, obtain the return of a child, or	1808
enforce a parenting determination if there is any of the	1809
following:	1810

(1) An existing parenting determination;

1811

(2) A request to locate a child, obtain the return of a	1812
child, or enforce a parenting determination from a court in a	1813
pending parenting proceeding;	1814

(3) A reasonable belief that a criminal statute has been	1815
violated;	1816

(4) A reasonable belief that the child has been wrongfully	1817
removed or retained in violation of the Hague Convention on the	1818
Civil Aspects of International Child Abduction.	1819

(B) A prosecutor acting under this section acts on behalf of	1820
the court and may not represent any party.	1821

Sec. 3127.46.  At the request of a prosecutor or other	1822
appropriate public official acting under section 3127.45 of the	1823
Revised Code, a law enforcement officer may take any lawful action	1824
reasonably necessary to locate a child or a party and assist a	1825
prosecutor or appropriate public official with responsibilities	1826
under section 3127.45 of the Revised Code.	1827

Sec. 3127.47.  If the respondent is not the prevailing party,	1828
the court may assess against the respondent all direct expenses	1829
and costs incurred by the prosecutor or other appropriate public	1830
official and law enforcement officers under section 3127.45 or	1831
3127.46 of the Revised Code.	1832

Sec. 3127.51.  In applying and construing sections 3127.01 to	1833
3127.53 of the Revised Code, consideration shall be given to the	1834
need to promote uniformity of law with respect to its subject	1835
matter among states that enact a uniform child custody	1836
jurisdiction and enforcement act.	1837

Sec. 3127.52.  If any provision of this chapter or its	1838
application to any person or circumstance is held invalid, the	1839
invalidity does not affect other provisions or applications of	1840
this chapter that can be given effect without the invalid	1841
provision or application, and to this end the provisions of this	1842
chapter are severable.	1843

Sec. 3127.53.  A motion or other request for relief made in a	1844
parenting proceeding or to enforce a parenting determination that	1845
was commenced before the effective date of this chapter is	1846
governed by the law in effect at the time the motion or other	1847
request was made.	1848

Section 2. That existing sections 2111.06, 2151.23, 2151.27,	1849
2152.021, 3109.04, 3109.27, 3109.29, and 3109.37 and sections	1850
Sec. 3109.21. ,        Sec. 3109.22. ,        Sec. 3109.23. ,        Sec. 3109.24. ,        Sec. 3109.25. ,        Sec. 3109.26. ,        Sec. 3109.28. ,	1851
Sec. 3109.30. ,        Sec. 3109.31. ,        Sec. 3109.32. ,        Sec. 3109.33. ,        Sec. 3109.34. ,        Sec. 3109.35. , and        Sec. 3109.36.	1852
of the Revised Code are hereby repealed.	1853