SENATORS Jordan, Robert Gardner, Dann, Schuler, Wachtmann, Brady

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,

10

3109.31, 3109.32, 3109.33, 3109.34, 3109.35, and

11

3109.36 of the Revised Code to repeal the Uniform

12

Child Custody Jurisdiction Act and replace it with

13

the Uniform Child Custody Jurisdiction and

14

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

(B) Except as provided in division (I) of section 2301.03 of	117
the Revised Code, the juvenile court has original jurisdiction	118
under the Revised Code:	119

(1) To hear and determine all cases of misdemeanors charging	120
adults with any act or omission with respect to any child, which	121
act or omission is a violation of any state law or any municipal	122
ordinance;	123

(2) To determine the paternity of any child alleged to have	124
been born out of wedlock pursuant to sections 3111.01 to 3111.18	125
of the Revised Code;	126

(3) Under the uniform interstate family support act in	127
Chapter 3115. of the Revised Code;	128

(4) To hear and determine an application for an order for the	129
support of any child, if the child is not a ward of another court	130
of this state;	131

(5) To hear and determine an action commenced under section	132
3111.28 of the Revised Code;	133

(6) To hear and determine a motion filed under section	134
3119.961 of the Revised Code;	135

(7) To enforce an order for the return of a child made under	136
the Hague Convention on the Civil Aspects of International Child	137
Abduction pursuant to section 3127.32 of the Revised Code;	138

(8) To grant any relief normally available under the laws of	139
this state to enforce a parenting determination made by a court of	140
another state and registered in accordance with section 3127.35 of	141
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 the parents of a child have failed to	952
visit or maintain contact with the child for more than ninety	953
days, regardless of whether the parents resume contact with the	954
child after that ninety-day period.	955

(2) "Child" means an individual who has not attained eighteen	956
years of age.	957

(3) "Commencement" means the filing of the first pleading in	958
a proceeding.	959

(4) "Court" means an entity authorized under the law of a	960
state to establish, enforce, or modify a parenting determination.	961

(5) "Home state" means the state in which a child lived with	962
a parent or a person acting as a parent for at least six	963
consecutive months immediately preceding the commencement of a	964
parenting proceeding and, if a child is less than six months old,	965
the state in which the child lived from birth with any of them. A	966
period of temporary absence of any of them is counted as part of	967
the six-month or other period.	968

(6) "Initial determination" means the first parenting	969
determination concerning a particular child.	970

(7) "Issuing court" means the court that makes a parenting	971
determination for which enforcement is sought under sections	972
3127.01 to 3127.53 of the Revised Code.	973

(8) "Issuing state" means the state in which a parenting	974
determination is made.	975

(9) "Modification" means a parenting determination that	976
changes, replaces, supersedes, or is otherwise made after a	977
determination concerning the same child, whether or not it is made	978
by the court that made the previous determination.	979

(10) "Parenting determination" means a judgment, decree, or	980
other order of a court that, in relation to the parents of a	981
child, allocates parental rights and responsibilities for the care	982
of the child, including any designation of parenting time rights,	983
and designates a residential parent and legal custodian of the	984
child or that, in relation to any other person, provides for the	985
legal custody, physical custody, or visitation with respect to a	986
child. The term includes permanent, temporary, initial, and	987
modification orders. The term does not include an order relating	988
to child support or other monetary obligations of an individual.	989

(11) "Parenting proceeding" means a proceeding in which a	990
parenting determination with respect to a child is an issue. The	991
term includes proceedings for divorce, dissolution, legal	992
separation, to determine whether a child is an abused, neglected,	993
or dependent child, to establish guardianship, to determine the	994
existence of a parent and child relationship, to terminate	995
parental rights, and for protection from domestic violence, in	996
which the issue may appear. The term does not include a proceeding	997
involving juvenile delinquency or contractual emancipation, or for	998
enforcement under sections 3127.31 to 3127.47 of the Revised Code.	999

(12) "Person" means an individual; corporation; business	1000
trust; estate; trust; partnership; limited liability company;	1001
association; joint venture; government; governmental subdivision,	1002
agency, or instrumentality; public corporation; or any other legal	1003
or commercial entity.	1004

(13) "Person acting as a parent" means a person, other than	1005
the child's parent, who meets both of the following criteria:	1006

(a) The person has physical custody of the child or has had	1007
physical custody for a period of six consecutive months, including	1008
any temporary absence from the child, within one year immediately	1009
before the commencement of a parenting proceeding; and	1010

(b) The person has been awarded legal custody by a court or	1011
claims a right to legal custody under the law of this state.	1012

(14) "Physical custody" means the physical care and	1013
supervision of a child.	1014

(15) "State" means a state of the United States, the District	1015
of Columbia, Puerto Rico, the United States Virgin Islands, or any	1016
territory or insular possession subject to the jurisdiction of the	1017
United States.	1018

(16) "Tribe" means an Indian tribe or Alaskan Native village	1019
that is recognized by federal or state law.	1020

(17) "Warrant" means an order issued by a court authorizing	1021
law enforcement officers to take physical custody of a child.	1022

Sec. 3127.02.  Sections 3127.01 to 3127.53 of the Revised	1023
Code do not govern adoption proceedings or proceedings pertaining	1024
to the authorization of emergency medical care for a child.	1025

Sec. 3127.03.  (A) A parenting proceeding that pertains to an	1026
Indian child as defined in the Indian Child Welfare Act, 25 U.S.C.	1027
1901 et seq., is not subject to sections 3127.01 to 3127.53 of the	1028
Revised Code to the extent that the proceeding is governed by the	1029
Indian Child Welfare Act.	1030

(B) A court of this state shall treat a tribe as if it were a	1031
state of the United States for the purpose of applying sections	1032
3127.01 to 3127.53 of the Revised Code.	1033

(C) A parenting determination made by a tribe under factual	1034
circumstances in substantial conformity with the jurisdictional	1035
standards of sections 3127.01 to 3127.53 of the Revised Code must	1036
be recognized and enforced under sections 3127.31 to 3127.47 of	1037
the Revised Code.	1038

Sec. 3127.04.  (A) A court of this state shall treat a	1039
foreign country as if it were a state of the United States for the	1040
purpose of applying sections 3127.01 to 3127.24 of the Revised	1041
Code.	1042

(B) Except as otherwise provided in division (C) of this	1043
section, a parenting determination made in a foreign country under	1044
factual circumstances in substantial conformity with the	1045
jurisdictional standards of sections 3127.01 to 3127.53 of the	1046
Revised Code must be recognized and enforced under sections	1047
3127.31 to 3127.47 of the Revised Code.	1048

(C) A court of this state need not apply sections 3127.01 to	1049
3127.53 of the Revised Code if the law governing parenting	1050
determinations of a foreign country violates fundamental	1051
principles of human rights.	1052

Sec. 3127.05.  A parenting determination made by a court of	1053
this state that had jurisdiction under sections 3127.01 to 3127.53	1054
of the Revised Code binds all persons who have been served in	1055
accordance with the laws of this state, notified in accordance	1056
with section 3127.07 of the Revised Code, or who have submitted to	1057
the jurisdiction of the court, and who have been given an	1058
opportunity to be heard. As to those persons, the determination is	1059
conclusive as to all decided issues of law and fact except to the	1060
extent the determination is modified.	1061

Sec. 3109.37.        Sec. 3127.06.  Upon the request of a party to a	1062
parenting proceeding whichthat raises a question of existence or	1063
exercise of jurisdiction under sections 3109.21 to 3109.363127.01	1064
to 3127.53 of the Revised Code, the casequestion shall be given	1065
calendar priority and handled expeditiously.	1066

Sec. 3127.07.  (A) Notice required for the exercise of	1067
jurisdiction over a person outside this state may be given in a	1068
manner prescribed by the Rules of Civil Procedure, or Juvenile	1069
Rules, as appropriate, for service of process or by the law of the	1070
state in which the service is made. Notice shall be given in a	1071
manner reasonably calculated to give actual notice but may be by	1072
publication if other means are not effective.	1073

(B) Proof of service may be made in the manner prescribed by	1074
the Rules of Civil Procedure, or Juvenile Rules, as appropriate,	1075
or by the law of the state in which the service is made.	1076

(C) Notice is not required if the person submits to the	1077
jurisdiction of the court.	1078

Sec. 3127.08.  (A) A party to a parenting proceeding,	1079
including a modification proceeding, or a petitioner or respondent	1080
in a proceeding to enforce or register a parenting determination,	1081
is not subject to personal jurisdiction in this state for another	1082
proceeding or purpose solely by reason of having participated, or	1083
of having been physically present for the purpose of	1084
participating, in the parenting proceeding.	1085

(B) A person who is subject to personal jurisdiction in this	1086
state on a basis other than physical presence is not immune from	1087
service of process in this state. A party present in this state	1088
who is subject to the jurisdiction of another state is not immune	1089
from service of process allowable under the laws of that state.	1090

(C) The immunity granted by division (A) of this section does	1091
not extend to civil litigation based on acts unrelated to the	1092
participation in a proceeding under sections 3127.01 to 3127.53 of	1093
the Revised Code that are committed by an individual while present	1094
in this state.	1095

Sec. 3127.09. (A) A court of this state may communicate with	1096
a court in another state concerning a proceeding arising under	1097
sections 3127.01 to 3127.53 of the Revised Code.	1098

(B) The court shall give the parties the opportunity to	1099
participate in the communication. If the parties are not able to	1100
participate in the communication, they shall be given the	1101
opportunity to present facts and legal arguments before a decision	1102
concerning jurisdiction is made.	1103

(C) Communication between courts concerning scheduling,	1104
calendars, court records, and similar matters may occur without	1105
informing the parties. The parties shall be informed promptly of	1106
communication concerning court records and be granted access to	1107
those records.	1108

(D) A record shall be made of a communication under this	1109
section. The parties shall be informed promptly of the	1110
communication and granted access to the record.	1111

(E) For the purposes of this section, "record" means	1112
information that is inscribed on a tangible medium or that is	1113
stored in an electronic or other medium and is retrievable in	1114
perceivable form.	1115

Sec. 3127.10.  (A) In addition to other procedures available	1116
to a party, a party to a parenting proceeding may offer testimony	1117
of witnesses who are located in another state, including testimony	1118
of the parties and the child, by deposition or other means	1119
allowable in this state for testimony taken in another state. The	1120
court on its own motion may order that the testimony of a person	1121
be taken in another state and may prescribe the manner in which	1122
and the terms upon which the testimony is taken.	1123

(B) A court of this state may permit an individual residing	1124
in another state to be deposed or to testify by telephone,	1125
audiovisual means, or other electronic means before a designated	1126
court or at another location in that state. A court of this state	1127
shall cooperate with courts of other states in designating an	1128
appropriate location for the deposition or testimony.	1129

(C) Documentary evidence transmitted from another state to a	1130
court of this state by technological means that do not produce an	1131
original writing may not be excluded from evidence on an objection	1132
based on the means of transmission.	1133

Sec. 3127.11.  (A) A court of this state may request the	1134
appropriate court of another state to do any of the following:	1135

(1) Hold an evidentiary hearing;

1136

(2) Order a person to produce or give evidence pursuant to	1137
procedures of that state;	1138

(3) Order that an evaluation be made concerning the	1139
allocation of parental rights and responsibilities for the care of	1140
a child involved in a pending proceeding with respect to the	1141
designation of a parent as the residential parent and legal	1142
custodian of the child and with respect to the custody of the	1143
child in any other person;	1144

(4) Forward to the court of this state a certified copy of	1145
the transcript of the record of the hearing, the evidence	1146
otherwise presented, and any evaluation prepared in compliance	1147
with the request;	1148

(5) Order a party to a parenting proceeding or any person	1149
having physical custody of the child to appear in the proceeding	1150
with or without the child.	1151

(B) Upon request of a court of another state, a court of this	1152
state may hold a hearing or enter an order described in division	1153
(A) of this section.	1154

(C) The court may assess travel and other necessary and	1155
reasonable expenses incurred under divisions (A) and (B) of this	1156
section against the parties according to the law of this state.	1157

(D) Upon appropriate request by a court or law enforcement	1158
official of another state, a court of this state shall forward a	1159
certified copy of the pleadings, orders, decrees, records of	1160
hearings, evaluations, and other pertinent records with respect to	1161
a parenting proceeding to the court or law enforcement official of	1162
the other state.	1163

Sec. 3127.15.  (A) Except as otherwise provided in section	1164
3127.18 of the Revised Code, a court of this state has	1165
jurisdiction to make an initial determination in a parenting	1166
proceeding only if one of the following applies:	1167

(1) This state is the home state of the child on the date of	1168
the commencement of the proceeding, or was the home state of the	1169
child within six months before the commencement of the proceeding	1170
and the child is absent from this state but a parent or person	1171
acting as a parent continues to live in this state.	1172

(2) A court of another state does not have jurisdiction under	1173
division (A)(1) of this section or a court of the home state of	1174
the child has declined to exercise jurisdiction on the basis that	1175
this state is the more appropriate forum under section 3127.21 or	1176
3127.22 of the Revised Code and both of the following are the	1177
case:	1178

(a) The child and the child's parents, or the child and at	1179
least one parent or a person acting as a parent, have a	1180
significant connection with this state other than mere physical	1181
presence.	1182

(b) Substantial evidence is available in this state	1183
concerning the child's care, protection, training, and personal	1184
relationships.	1185

(3) All courts having jurisdiction under division (A)(1) or	1186
(2) of this section have declined to exercise jurisdiction on the	1187
ground that a court of this state is the more appropriate forum to	1188
determine the custody of the child under section 3127.21 or	1189
3127.22 of the Revised Code or a similar statute enacted by	1190
another state.	1191

(4) No court of any other state would have jurisdiction under	1192
the criteria specified in division (A)(1), (2), or (3) of this	1193
section.	1194

(B) Division (A) of this section is the exclusive	1195
jurisdictional basis for making a parenting determination by a	1196
court of this state.	1197

(C) Physical presence of, or personal jurisdiction over, a	1198
party or a child is not necessary or sufficient to make a	1199
parenting determination.	1200

Sec. 3127.16.  Except as otherwise provided in section	1201
3127.18 of the Revised Code, a court of this state that has made a	1202
parenting determination consistent with section 3127.15 or 3127.17	1203
of the Revised Code has exclusive, continuing jurisdiction over	1204
the determination until this court or a court of another state	1205
determines that the child, the child's parents, and any person	1206
acting as a parent do not presently reside in this state.	1207

Sec. 3127.17.  Except as otherwise provided in section	1208
3127.18 of the Revised Code, a court of this state may not modify	1209
a parenting determination made by a court of another state unless	1210
the court of this state has jurisdiction to make an initial	1211
determination under division (A)(1) or (2) of section 3127.15 of	1212
the Revised Code and one of the following applies:	1213

(A) The court of the other state determines that it no longer	1214
has exclusive, continuing jurisdiction under section 3127.16 of	1215
the Revised Code or a similar statute of the other state or that a	1216
court of this state would be a more convenient forum under section	1217
3127.21 of the Revised Code or a similar statute of the other	1218
state.	1219

(B) The court of this state or a court of the other state	1220
determines that the child, the child's parents, and any person	1221
acting as a parent do not presently reside in the other state.	1222

Sec. 3127.18.  (A) A court of this state has temporary	1223
emergency jurisdiction if a child is present in this state and	1224
either of the following applies:	1225

(1) The child has been abandoned.

1226

(2) It is necessary in an emergency to protect the child	1227
because the child, or a sibling or parent of the child, is	1228
subjected to or threatened with mistreatment or abuse.	1229

(B) If there is no previous parenting determination that is	1230
entitled to be enforced under this chapter and a parenting	1231
proceeding has not been commenced in a court of a state having	1232
jurisdiction under sections 3127.15 to 3127.17 of the Revised Code	1233
or a similar statute of another state, a parenting determination	1234
made under this section remains in effect until an order is	1235
obtained from a court of a state having jurisdiction under	1236
sections 3127.15 to 3127.17 of the Revised Code or a similar	1237
statute of another state. If a parenting proceeding has not been	1238
or is not commenced in a court of a state having jurisdiction	1239
under sections 3127.15 to 3127.17 of the Revised Code or a similar	1240
statute of another state, a parenting determination made under	1241
this section becomes a final determination, if it so provides and	1242
this state becomes the home state of the child.	1243

(C) If there is a previous parenting determination that is	1244
entitled to be enforced under this chapter, or a parenting	1245
proceeding has been commenced in a court of a state having	1246
jurisdiction under sections 3127.15 to 3127.17 of the Revised Code	1247
or a similar statute of another state, any order issued by a court	1248
of this state under this section must specify in the order a	1249
period that the court considers adequate to allow the person	1250
seeking an order to obtain an order from the state having	1251
jurisdiction under sections 3127.15 to 3127.17 of the Revised Code	1252
or a similar statute of another state. The order issued in this	1253
state remains in effect until an order is obtained from the other	1254
state within the period specified or until the period expires.	1255

(D) A court of this state that has been asked to make a	1256
parenting determination under this section, upon being informed	1257
that a parenting proceeding has been commenced in or a parenting	1258
determination has been made by a court of a state having	1259
jurisdiction under sections 3127.15 to 3127.17 of the Revised Code	1260
or a similar statute of another state, shall immediately	1261
communicate with the other court. A court of this state that is	1262
exercising jurisdiction pursuant to sections 3127.15 to 3127.17 of	1263
the Revised Code, upon being informed that a parenting proceeding	1264
has been commenced in or a parenting determination has been made	1265
by a court of another state under a statute similar to this	1266
section, shall immediately communicate with the court of that	1267
state to resolve the emergency, protect the safety of the parties	1268
and the child, and determine a period for the duration of the	1269
temporary order.	1270

Sec. 3127.19.  (A) Before a parenting determination is made	1271
under this chapter, notice and an opportunity to be heard in	1272
accordance with the standards set forth in section 3127.07 of the	1273
Revised Code shall be given to all persons entitled to notice	1274
under the law of this state as in parenting proceedings between	1275
residents of this state, any parent whose parental rights have not	1276
been previously terminated, and any person having physical custody	1277
of the child.	1278

(B) This chapter does not govern the enforceability of a	1279
parenting determination made without notice or an opportunity to	1280
be heard.	1281

(C) The obligation to join a party and the right to intervene	1282
as a party in a parenting proceeding under this chapter shall be	1283
governed by the law of this state as in parenting proceedings	1284
between residents of this state.	1285

Sec. 3127.20.  (A) Except as otherwise provided in section	1286
3127.18 of the Revised Code, a court of this state may not	1287
exercise its jurisdiction under sections 3127.15 to 3127.17 of the	1288
Revised Code if, at the time of the commencement of the	1289
proceeding, a parenting proceeding concerning the child is pending	1290
in a court of another state having jurisdiction substantially in	1291
conformity with this chapter, unless the proceeding has been	1292
terminated or is stayed by the court of the other state because a	1293
court of this state is a more convenient forum under section	1294
3127.21 of the Revised Code or a similar statute of the other	1295
state.	1296

(B) Except as otherwise provided in section 3127.18 of the	1297
Revised Code, a court of this state, before hearing a parenting	1298
proceeding, shall examine the court documents and other	1299
information supplied by the parties pursuant to section 3127.23 of	1300
the Revised Code. If the court determines that a parenting	1301
proceeding is pending in a court in another state having	1302
jurisdiction substantially in accordance with this chapter, the	1303
court of this state shall stay its proceeding and communicate with	1304
the court of the other state. If the court of the state having	1305
jurisdiction substantially in accordance with this chapter does	1306
not determine that the court of this state is a more appropriate	1307
forum, the court of this state shall dismiss the proceeding.	1308

(C) In a proceeding to modify a parenting determination, a	1309
court of this state shall determine whether a proceeding to	1310
enforce the determination has been commenced in another state. If	1311
a proceeding to enforce a parenting determination has been	1312
commenced in another state, the court may do any of the following:	1313

(1) Stay the proceeding for modification pending the entry of	1314
an order of a court of the other state enforcing, staying,	1315
denying, or dismissing the proceeding for enforcement;	1316

(2) Enjoin the parties from continuing with the proceeding	1317
for enforcement;	1318

(3) Upon the demonstration of an emergency, proceed with the	1319
modification under conditions the court considers appropriate.	1320

Sec. 3127.21.  (A) A court of this state that has	1321
jurisdiction under this chapter to make a parenting determination	1322
may decline to exercise its jurisdiction at any time if it	1323
determines that it is an inconvenient forum under the	1324
circumstances and that a court of another state is a more	1325
convenient forum. The issue of inconvenient forum may be raised	1326
upon motion of a party, the court's own motion, or at the request	1327
of another court.	1328

(B) Before determining whether it is an inconvenient forum, a	1329
court of this state shall consider whether it is appropriate for a	1330
court of another state to exercise jurisdiction. For this purpose,	1331
the court shall allow the parties to submit information and shall	1332
consider all relevant factors, including the following:	1333

(1) Whether domestic violence has occurred and is likely to	1334
continue in the future and which state could best protect the	1335
parties and the child;	1336

(2) The length of time the child has resided outside this	1337
state;	1338

(3) The distance between the court in this state and the	1339
court in the state that would assume jurisdiction;	1340

(4) The relative financial circumstances of the parties;

1341

(5) Any agreement of the parties as to which state should	1342
assume jurisdiction;	1343

(6) The nature and location of the evidence required to	1344
resolve the pending litigation, including the testimony of the	1345
child;	1346

(7) The ability of the court of each state to decide the	1347
issue expeditiously and the procedures necessary to present the	1348
evidence;	1349

(8) The familiarity of the court of each state with the facts	1350
and issues in the pending litigation.	1351

(C) If a court of this state determines that it is an	1352
inconvenient forum and that a court of another state is a more	1353
appropriate forum, it shall stay the proceedings upon condition	1354
that a parenting proceeding be promptly commenced in another	1355
designated state and may impose any other condition the court	1356
considers just and proper.	1357

(D) A court of this state may decline to exercise its	1358
jurisdiction under this chapter if a parenting determination is	1359
incidental to an action for divorce or another proceeding while	1360
still retaining jurisdiction over the divorce or other proceeding.	1361

Sec. 3127.22.  (A) Except as otherwise provided in section	1362
3127.18 of the Revised Code or another law of this state, if a	1363
court of this state has jurisdiction under this chapter because a	1364
person seeking to invoke its jurisdiction has engaged in	1365
unjustifiable conduct, the court shall decline to exercise its	1366
jurisdiction unless one of the following applies:	1367

(1) The parents and all persons acting as parents have agreed	1368
to the exercise of jurisdiction.	1369

(2) A court of the state otherwise having jurisdiction under	1370
sections 3127.15 to 3127.17 of the Revised Code determines that	1371
this state is a more appropriate forum under section 3127.21 of	1372
the Revised Code.	1373

(3) No court of any other state would have jurisdiction under	1374
the criteria specified in sections 3127.15 to 3127.17 of the	1375
Revised Code.	1376

(B) If a court of this state declines to exercise its	1377
jurisdiction pursuant to division (A) of this section, it may	1378
fashion an appropriate remedy to ensure the safety of the child	1379
and prevent a repetition of the unjustifiable conduct, including	1380
staying the proceeding until a parenting proceeding is commenced	1381
in a court having jurisdiction under sections 3127.15 to 3127.17	1382
of the Revised Code or a similar statute of another state.	1383

(C) If a court dismisses a petition or stays a proceeding	1384
because it declines to exercise its jurisdiction pursuant to	1385
division (A) of this section, it shall assess against the party	1386
seeking to invoke its jurisdiction necessary and reasonable	1387
expenses including costs, communication expenses, attorney's fees,	1388
investigative fees, expenses for witnesses, travel expenses, and	1389
child care during the course of the proceedings, unless the party	1390
from whom fees are sought establishes that the assessment would be	1391
clearly inappropriate. The court may not assess fees, costs, or	1392
expenses against this state or a political subdivision of this	1393
state unless authorized by law other than this chapter.	1394

(D) As used in this section, "unjustifiable conduct" means	1395
conduct by a parent or that parent's surrogate that attempts to	1396
create jurisdiction in this state by removing the child from the	1397
child's home state, secreting the child, retaining the child, or	1398
restraining or otherwise preventing the child from returning to	1399
the child's home state in order to prevent the other parent from	1400
commencing a parenting proceeding in the child's home state.	1401

Sec. 3109.27.        Sec. 3127.23.  (A) Each party in a parenting	1402
proceeding, in the party's first pleading or in an affidavit	1403
attached to that pleading, shall give information if reasonably	1404
ascertainable under oath as to the child's present address or	1405
whereabouts, the places where the child has lived within the last	1406
five years, and the name and present address of each person with	1407
whom the child has lived during that period. In this pleading or	1408
affidavit, each party also shall include all of the following	1409
information:	1410

(1) Whether the party has participated as a party, a witness,	1411
or in any other capacity in any other litigation, in this or any	1412
other state, that concernedproceeding concerning the allocation,	1413
between the parents of the same child, of parental rights and	1414
responsibilities for the care of the child including any	1415
designation of parenting time rights and the designation of the	1416
residential parent and legal custodian of the child or that	1417
otherwise concerned the custody of or visitation with the same	1418
child and, if so, the court, case number and the date of the	1419
parenting determination, if any;	1420

(2) Whether the party has information of any parenting	1421
proceeding concerning the child pending in a court of this or any	1422
other stateknows of any proceedings that could affect the current	1423
proceeding, including proceedings for enforcement of parenting	1424
determinations, proceedings relating to domestic violence or	1425
protective orders, proceedings to adjudicate the child as an	1426
abused, neglected, or dependent child, proceedings seeking	1427
termination of parental rights, and adoptions, and, if so, the	1428
court, the case number, and the nature of the proceeding;	1429

(3) Whether the party knows of any person who is not a party	1430
to the proceeding and has physical custody of the child or claims	1431
to be a parent of the child who is designated the residential	1432
parent and legal custodian of the child or to have parenting time	1433
rights with respect to the child or to be a person other than a	1434
parent of the child who has custody or visitation rights with	1435
respect to the child;	1436

(4) Whether the party previously has been convicted of or	1437
pleaded guilty to any criminal offense involving any act that	1438
resulted in a child being an abused child or a neglected child or	1439
previously has been determined, in a case in which a child has	1440
been adjudicated an abused child or a neglected child, to be the	1441
perpetrator of the abusive or neglectful act that was the basis of	1442
the adjudicationand, if so, the names and addresses of those	1443
persons.	1444

(B) If the information required by division (A) of this	1445
section is not furnished, the court, upon motion of a party or its	1446
own motion, may stay the proceeding until the information is	1447
furnished.	1448

(C) If the declaration under division (A)(1), (2), or (3), or	1449
(4) of this section is in the affirmative, the court may require	1450
the declarant toshall give additional information under oathas	1451
required by the court. The court may examine the parties under	1452
oath as to details of the information furnished and as to other	1453
matters pertinent to the court's jurisdiction and the disposition	1454
of the case.	1455

(C)(D) Each party has a continuing duty to inform the court	1456
of any parenting proceeding concerning the child in this or any	1457
other state of which the party obtained information during this	1458
that could affect the current proceeding.	1459

(D)(E) If a party alleges in an affidavit or a pleading under	1460
oath that the health, safety, or liberty of a party or child would	1461
be jeopardized by the disclosure of identifying information, the	1462
information must be sealed and may not be disclosed to the other	1463
party or the public unless the court orders the disclosure to be	1464
made after a hearing in which the court takes into consideration	1465
the health, safety, and liberty of the party or child and	1466
determines that the disclosure is in the interests of justice.	1467

(F) A public children services agency, acting pursuant to a	1468
complaint or an action on a complaint filed under section 2151.27	1469
of the Revised Code, is not subject to the requirements of this	1470
section.	1471

(E)(G) As used in this section, "abused child" has the same	1472
meaning as in section 2151.031 of the Revised Code, and "neglected	1473
child" has the same meaning as in section 2151.03 of the Revised	1474
Code, and "dependent child" has the same meaning as in section	1475
2151.04 of the Revised Code.	1476

Sec. 3109.29.        Sec. 3127.24.  (A) The court may order any party to a	1477
parenting proceeding who is in this state to appear personally	1478
before the court with or without the child. If that partyThe	1479
court may order any person who is in this state and who has	1480
physical custody or control of the child, the court may order that	1481
heto appear personally with the child.	1482

(B) If a party to a parenting proceeding whose presence is	1483
desired by the court is outside this state with or without the	1484
child, the court may order that the notice given under division	1485
(B) of section 3109.233127.07 of the Revised Code include a	1486
statement directing that party to appear personally with or	1487
without the child and declaringinforming the party that failure	1488
to appear may result in a decision adverse to that party.	1489

(C) The court may enter any orders necessary to ensure the	1490
safety of the child and of any person ordered to appear under this	1491
section.	1492

(D) If a party to a parenting proceeding who is outside this	1493
state is directed to appear under division (B) of this section or	1494
desires to appear personally before the court with or without the	1495
child, the court may require another party to pay to the clerk of	1496
the courtreasonable and necessary travel and other necessary	1497
expenses for the appearance of the party and the child who are	1498
outside this state, if this is just and proper under the	1499
circumstances.	1500

Sec. 3127.31.  As used in sections 3127.31 to 3127.47 of the	1501
Revised Code:	1502

(A) "Petitioner" means a person who seeks enforcement of an	1503
order for return of a child under the Hague Convention on the	1504
Civil Aspects of International Child Abduction or enforcement of a	1505
parenting determination.	1506

(B) "Respondent" means a person against whom a proceeding has	1507
been commenced for enforcement of an order for return of a child	1508
under the Hague Convention on the Civil Aspects of International	1509
Child Abduction or enforcement of a parenting determination.	1510

Sec. 3127.32.  Under this chapter, a juvenile court or other	1511
court with jurisdiction under section 2101.022 or 2301.03 of the	1512
Revised Code may enforce an order for the return of a child made	1513
under the Hague Convention on the Civil Aspects of International	1514
Child Abduction as if it were a parenting determination.	1515

Sec. 3127.33.  (A) A court of this state shall recognize and	1516
enforce a parenting determination of a court of another state if	1517
that state exercised jurisdiction in substantial conformity with	1518
this chapter or the determination was made under factual	1519
circumstances meeting the jurisdictional standards of this chapter	1520
and the determination has not been modified in accordance with	1521
this chapter.	1522

(B) A court of this state may use any remedy available under	1523
other law of this state to enforce a parenting determination made	1524
by a court of another state. The remedies provided in sections	1525
3127.31 to 3127.47 of the Revised Code are cumulative and do not	1526
affect the availability of other remedies to enforce a parenting	1527
determination.	1528

Sec. 3127.34.  (A) A court of this state that does not have	1529
jurisdiction to modify a child custody determination may issue a	1530
temporary order enforcing either of the following:	1531

(1) A parenting time or visitation schedule made by a court	1532
of another state;	1533

(2) The parenting time or visitation provisions of a	1534
parenting determination of another state that does not provide for	1535
a specific parenting time or visitation schedule.	1536

(B) If a court of this state makes an order under division	1537
(A)(2) of this section, it shall specify in the order a period	1538
that it considers adequate to allow the petitioner to obtain an	1539
order from a court having jurisdiction under the criteria	1540
specified in sections 3127.15 to 3127.24 of the Revised Code. The	1541
order shall remain in effect until an order is obtained from the	1542
other court or until the period expires.	1543

Sec. 3127.35.  (A) The clerk of each juvenile court or other	1544
court with jurisdiction under section 2101.022 or 2301.03 of the	1545
Revised Code shall maintain a parenting determination registry	1546
with respect to parenting determinations made by the court.	1547

(B) A parenting determination issued by a court of another	1548
state may be registered in this state with or without a	1549
simultaneous request for enforcement by sending to the clerk of a	1550
juvenile court or other court in this state with jurisdiction	1551
under section 2101.022 or 2301.03 of the Revised Code all of the	1552
following:	1553

(1) A letter or other document requesting that the parenting	1554
determination be registered;	1555

(2) Two copies, including one certified copy, of the	1556
determination sought to be registered, and a statement under	1557
penalty of perjury that, to the best of the knowledge and belief	1558
of the person seeking registration, the order has not been	1559
modified;	1560

(3) Except as otherwise provided in section 3127.23 of the	1561
Revised Code, the name and address of the person seeking	1562
registration and any parent who is designated the residential	1563
parent and legal custodian of the child or to have parenting time	1564
with respect to the child or any person acting as a parent who has	1565
been awarded custody or visitation in the parenting determination	1566
sought to be registered;	1567

(4) An advance deposit or fee established by the court.

1568

(C) On receipt of the documents and information required by	1569
division (B) of this section, the registering court shall do both	1570
of the following:	1571

(1) Cause the parenting determination to be filed as a	1572
foreign judgment together with one copy of any accompanying	1573
documents and information, regardless of their form;	1574

(2) Serve notice of the registration request on the persons	1575
named pursuant to division (B)(3) of this section, and provide	1576
them with an opportunity to contest the registration in accordance	1577
with this section.	1578

(D) The notice required by division (C)(2) of this section	1579
shall state all of the following:	1580

(1) That the registered parenting determination is	1581
enforceable as of the date of the registration in the same manner	1582
as a parenting determination issued by a court of this state;	1583

(2) That a hearing to contest the validity of the registered	1584
determination must be requested within thirty days after service	1585
of notice;	1586

(3) That failure to contest the registration shall result in	1587
confirmation of the parenting determination and preclude further	1588
contest of that determination with respect to any matter that	1589
could have been asserted.	1590

(E) A person seeking to contest the validity of a registered	1591
order shall request a hearing within thirty days after service of	1592
the notice. At that hearing, the court shall confirm the	1593
registered order unless the person contesting registration	1594
establishes one of the following circumstances:	1595

(1) The issuing court did not have jurisdiction under	1596
sections 3127.15 to 3127.24 of the Revised Code or a similar	1597
statute of another state.	1598

(2) The parenting determination sought to be registered has	1599
been vacated, stayed, or modified by a court having jurisdiction	1600
to do so under sections 3127.15 to 3127.24 of the Revised Code or	1601
a similar statute of another state.	1602

(3) The person contesting registration was entitled to notice	1603
of the parenting proceeding for which registration is sought, but	1604
notice was not given in accordance with the standards of section	1605
3127.07 of the Revised Code or a similar statute of another state.	1606

(F) If a timely request for a hearing to contest the validity	1607
of the registration is not made, the registration is confirmed as	1608
a matter of law and the person requesting registration and all	1609
persons served in accordance with division (B)(2) of this section	1610
must be notified of the confirmation.	1611

(G) Confirmation of a registered parenting determination,	1612
whether by operation of law or after notice and hearing, precludes	1613
further contest of the determination with respect to any matter	1614
that could have been asserted at the time of registration.	1615

Sec. 3127.36.  (A) A juvenile court or other court of this	1616
state with jurisdiction under section 2101.022 or 2301.03 of the	1617
Revised Code may grant any relief normally available under the law	1618
of this state to enforce a registered parenting determination made	1619
by a court of another state.	1620

(B) A juvenile court and each other court of this state with	1621
jurisdiction under section 2101.022 or 2301.03 of the Revised Code	1622
shall recognize and enforce, but may not modify except in	1623
accordance with sections 3127.15 to 3127.24 of the Revised Code, a	1624
registered parenting determination of a court of another state.	1625

Sec. 3127.37.  If a proceeding for enforcement under sections	1626
3127.31 to 3127.46 of the Revised Code is commenced in a juvenile	1627
court or other court of this state with jurisdiction under section	1628
2101.022 or 2301.03 of the Revised Code and the court determines	1629
that a proceeding to modify the determination is pending in a	1630
court of another state having jurisdiction to modify the	1631
determination under sections 3127.15 to 3127.24 of the Revised	1632
Code or a similar statute of another state, the enforcing court	1633
shall immediately communicate with the modifying court. The	1634
proceeding for enforcement shall continue unless the enforcing	1635
court, after consultation with the modifying court, stays or	1636
dismisses the proceeding.	1637

Sec. 3127.38.  (A) A petition for enforcement pursuant to	1638
sections 3127.31 to 3127.46 of the Revised Code must be verified.	1639
All orders sought to be enforced and any order confirming	1640
registration must be attached to the petition. The orders attached	1641
to the petition shall be the original or a certified copy,	1642
whichever a court requires.	1643

(B) A petition for enforcement of a parenting determination	1644
shall state all of the following:	1645

(1) Whether the court that issued the parenting determination	1646
identified the jurisdictional basis it relied upon in exercising	1647
jurisdiction and, if so, what the basis was;	1648

(2) Whether the determination for which enforcement is sought	1649
has been vacated, stayed, or modified by a court whose decision	1650
must be enforced under this chapter and, if so, identify the	1651
court, the case number, and the nature of the proceeding;	1652

(3) Whether any proceeding has been commenced that could	1653
affect the current proceeding, including proceedings for	1654
enforcement of parenting determinations, proceedings relating to	1655
domestic violence or protective orders, proceedings to adjudicate	1656
the child as an abused, neglected, or dependent child, proceedings	1657
seeking termination of parental rights, and adoptions, and, if so,	1658
the court, the case number, and the nature of the proceeding;	1659

(4) The present physical address of the child and the	1660
respondent, if known;	1661

(5) Whether relief in addition to the immediate physical	1662
custody of the child and attorney's fees is sought, including a	1663
request for assistance from law enforcement officials and, if so,	1664
the relief sought;	1665

(6) If the parenting determination has been registered and	1666
confirmed under section 3127.35 of the Revised Code, the date and	1667
place of registration.	1668

(C) Upon the filing of a petition, the court shall issue an	1669
order directing the respondent to appear in person with or without	1670
the child at a hearing and may enter any order necessary to ensure	1671
the safety of the parties and the child. If possible, the hearing	1672
must be held on the next judicial day after service of the order.	1673
If holding the hearing on that date is impossible, the court shall	1674
hold the hearing on the first judicial day possible. The court may	1675
extend the date of the hearing at the request of the petitioner.	1676

(D) An order issued under division (C) of this section shall	1677
state the time and place of the hearing and advise the respondent	1678
that at the hearing the court will order that the petitioner may	1679
take immediate physical custody of the child and that the	1680
respondent pay fees, costs, and expenses under section 3127.42 of	1681
the Revised Code and may schedule a hearing to determine whether	1682
further relief is appropriate, unless the respondent appears and	1683
establishes either of the following:	1684

(1) That the parenting determination has not been registered	1685
and confirmed under section 3127.35 of the Revised Code and that	1686
one of the following circumstances applies:	1687

(a) The issuing court did not have jurisdiction under	1688
sections 3127.15 to 3127.24 of the Revised Code or a similar	1689
statute of another state.	1690

(b) The parenting determination for which enforcement is	1691
sought has been vacated, stayed, or modified by a court having	1692
jurisdiction to do so under sections 3127.15 to 3127.24 of the	1693
Revised Code or a similar statute of another state.	1694

(c) The respondent was entitled to notice of the parenting	1695
proceeding for which enforcement is sought, but notice was not	1696
given in accordance with the standards of section 3127.07 of the	1697
Revised Code or a similar statute of another state.	1698

(2) That the parenting determination for which enforcement is	1699
sought was registered and confirmed under section 3127.35 of the	1700
Revised Code but has been vacated, stayed, or modified by a court	1701
of a state having jurisdiction to do so under sections 3127.15 to	1702
3127.24 of the Revised Code or a similar statute of another state.	1703

Sec. 3127.39.  Except as otherwise provided in section	1704
3127.41 of the Revised Code, the petition and order shall be	1705
served by any method authorized by the Rules of Civil Procedure	1706
upon respondent and any person who has physical custody of the	1707
child.	1708

Sec. 3127.40.  (A) Unless the court issues a temporary	1709
emergency order pursuant to section 3127.18 of the Revised Code,	1710
upon a finding that a petitioner is entitled to immediate physical	1711
custody of the child, the court shall order that the petitioner	1712
may take immediate physical custody of the child unless the	1713
respondent establishes either of the following:	1714

(1) That the parenting determination has not been registered	1715
and confirmed under section 3127.35 of the Revised Code and that	1716
one of the following circumstances applies:	1717

(a) The issuing court did not have jurisdiction under	1718
sections 3127.15 to 3127.24 of the Revised Code or a similar	1719
statute of another state.	1720

(b) The parenting determination for which enforcement is	1721
sought has been vacated, stayed, or modified by a court of a state	1722
having jurisdiction to do so under sections 3127.15 to 3127.24 of	1723
the Revised Code or a similar statute of another state.	1724

(c) The respondent was entitled to notice of the parenting	1725
proceeding for which enforcement is sought, but notice was not	1726
given in accordance with the standards of section 3127.07 of the	1727
Revised Code or a similar statute of another state.	1728

(2) That the child custody determination for which	1729
enforcement is sought was registered and confirmed under section	1730
3127.35 of the Revised Code but has been vacated, stayed, or	1731
modified by a court of a state having jurisdiction to do so under	1732
sections 3127.15 to 3127.24 of the Revised Code or a similar	1733
statute of another state.	1734

(B) The court shall award the fees, costs, and expenses	1735
authorized under section 3127.42 of the Revised Code, and may	1736
grant additional relief, including a request for the assistance of	1737
law enforcement officials, and shall set a further hearing to	1738
determine whether the additional relief is appropriate.	1739

(C) If a party called to testify in a proceeding to enforce a	1740
parenting determination refuses to answer on the basis that the	1741
testimony may be self-incriminating, the court may draw an adverse	1742
inference from the refusal.	1743

(D) A privilege against disclosure of communications between	1744
spouses and a defense of immunity based on the relationship of	1745
husband and wife or parent and child may not be invoked in a	1746
proceeding under this chapter.	1747

Sec. 3127.41.  (A) Upon the filing of a petition seeking	1748
enforcement of a parenting determination, the petitioner may file	1749
a verified application for the issuance of a warrant to take	1750
physical custody of the child if the child is imminently likely to	1751
suffer serious physical harm or be removed from this state.	1752

(B) If the court, upon the testimony of the petitioner or	1753
another witness, finds that the child is imminently likely to	1754
suffer serious physical harm or be removed from this state, it may	1755
issue a warrant to take physical custody of the child. If	1756
possible, the court shall hear the petition on the next judicial	1757
day after the warrant is executed. If it is impossible to hold a	1758
hearing on that date, the court shall hold the hearing on the	1759
first judicial day possible. The application for the warrant shall	1760
include the statements required by division (B) of section 3127.38	1761
of the Revised Code.	1762

(C) A warrant to take physical custody of a child shall do	1763
all of the following:	1764

(1) Specify the facts upon which a conclusion of imminent	1765
serious physical harm or removal from the jurisdiction is based;	1766

(2) Direct law enforcement officers to take physical custody	1767
of the child immediately;	1768

(3) Provide for the placement of the child pending final	1769
relief.	1770

(D) The respondent shall be served with the petition,	1771
warrant, and order immediately after the child is taken into	1772
physical custody.	1773

(E) A warrant to take physical custody of a child is	1774
enforceable throughout this state. If the court finds on the basis	1775
of the testimony of the petitioner or another witness that a less	1776
intrusive remedy is not effective, it may authorize law	1777
enforcement officers to enter private property to take physical	1778
custody of the child. If required by exigent circumstances of the	1779
case, the court may authorize law enforcement officers to make a	1780
forcible entry at any hour.	1781

(F) The court may impose conditions upon the placement of a	1782
child to ensure the appearance of the child and the child's	1783
custodian.	1784

Sec. 3127.42.  (A) A court shall award the prevailing party	1785
in an action to enforce a parenting determination, including a	1786
state, necessary and reasonable expenses incurred by or on behalf	1787
of the party, including costs, communication expenses, attorney's	1788
fees, investigative fees, expenses for witnesses, travel expenses,	1789
and child care during the course of the proceedings, unless the	1790
party from whom fees or expenses are sought establishes that the	1791
award would be clearly inappropriate.	1792

(B) The court shall not assess fees, costs, or expenses	1793
against a state or a political subdivision of a state unless	1794
authorized by law other than this chapter.	1795

Sec. 3127.43.  A court of this state shall accord full faith	1796
and credit to an order issued by another state consistent with	1797
this chapter that enforces a parenting determination by a court of	1798
another state unless the order has been vacated, stayed, or	1799
modified by a court having jurisdiction to do so under sections	1800
3127.15 to 3127.24 of the Revised Code or a similar statute of	1801
another state.	1802

Sec. 3127.44.  An appeal may be taken from a final order in a	1803
proceeding under sections 3127.31 to 3127.47 of the Revised Code.	1804
The supreme court of this state shall, by rule, provide for	1805
expedited appellate review of cases appealed under this section.	1806
Unless the court enters a temporary emergency order under section	1807
3127.18 of the Revised Code, the enforcing court may not stay an	1808
order enforcing a parenting determination pending appeal.	1809

Sec. 3127.45.  (A) In a case arising under this chapter or	1810
involving the Hague Convention on the Civil Aspects in	1811
International Child Abduction, the prosecutor may take any lawful	1812
action, including resort to a proceeding under sections 3127.31 to	1813
3127.47 of the Revised Code or any other available civil	1814
proceeding, to locate a child, obtain the return of a child, or	1815
enforce a parenting determination if there is any of the	1816
following:	1817

(1) An existing parenting determination;

1818

(2) A request to locate a child, obtain the return of a	1819
child, or enforce a parenting determination from a court in a	1820
pending parenting proceeding;	1821

(3) A reasonable belief that a criminal statute has been	1822
violated;	1823

(4) A reasonable belief that the child has been wrongfully	1824
removed or retained in violation of the Hague Convention on the	1825
Civil Aspects of International Child Abduction.	1826

(B) A prosecutor acting under this section acts on behalf of	1827
the court and may not represent any party.	1828

Sec. 3127.46.  At the request of a prosecutor or other	1829
appropriate public official acting under section 3127.45 of the	1830
Revised Code, a law enforcement officer may take any lawful action	1831
reasonably necessary to locate a child or a party and assist a	1832
prosecutor or appropriate public official with responsibilities	1833
under section 3127.45 of the Revised Code.	1834

Sec. 3127.47.  If the respondent is not the prevailing party,	1835
the court may assess against the respondent all direct expenses	1836
and costs incurred by the prosecutor or other appropriate public	1837
official and law enforcement officers under section 3127.45 or	1838
3127.46 of the Revised Code.	1839

Sec. 3127.51.  In applying and construing sections 3127.01 to	1840
3127.53 of the Revised Code, consideration shall be given to the	1841
need to promote uniformity of law with respect to its subject	1842
matter among states that enact a uniform child custody	1843
jurisdiction and enforcement act.	1844

Sec. 3127.52.  If any provision of this chapter or its	1845
application to any person or circumstance is held invalid, the	1846
invalidity does not affect other provisions or applications of	1847
this chapter that can be given effect without the invalid	1848
provision or application, and to this end the provisions of this	1849
chapter are severable.	1850

Sec. 3127.53.  A motion or other request for relief made in a	1851
parenting proceeding or to enforce a parenting determination that	1852
was commenced before the effective date of this chapter is	1853
governed by the law in effect at the time the motion or other	1854
request was made.	1855

Section 2. That existing sections 2111.06, 2151.23, 2151.27,	1856
2152.021, 3109.04, 3109.27, 3109.29, and 3109.37 and sections	1857
Sec. 3109.21. ,        Sec. 3109.22. ,        Sec. 3109.23. ,        Sec. 3109.24. ,        Sec. 3109.25. ,        Sec. 3109.26. ,        Sec. 3109.28. ,	1858
Sec. 3109.30. ,        Sec. 3109.31. ,        Sec. 3109.32. ,        Sec. 3109.33. ,        Sec. 3109.34. ,        Sec. 3109.35. , and        Sec. 3109.36.	1859
of the Revised Code are hereby repealed.	1860