Sec. 3109.043. In any proceeding pertaining to the allocation | 17 |
of parental rights and responsibilities for the care of a child, | 18 |
when requested in the complaint, answer, or counterclaim, or by | 19 |
motion served with the pleading, upon satisfactory proof by | 20 |
affidavit duly filed with the clerk of the court, the court, | 21 |
without oral hearing and for good cause shown, may make a | 22 |
temporary order regarding the allocation of parental rights and | 23 |
responsibilities for the care of the child while the action is | 24 |
pending. | 25 |
If a parent and child relationship has not already been | 26 |
established pursuant to section 3111.02 of the Revised Code, the | 27 |
court may take into consideration when determining whether to | 28 |
award parenting time, visitation rights, or temporary custody to a | 29 |
putative father that the putative father is named on the birth | 30 |
record of the child, the child has the putative father's surname, | 31 |
or a clear pattern of a parent and child relationship between the | 32 |
child and the putative father exists. | 33 |
Sec. 3111.04. (A) An action to determine the existence or | 34 |
nonexistence of the father and child relationship may be brought | 35 |
by the child or the child's personal representative, the child's | 36 |
mother or her personal representative, a man alleged or alleging | 37 |
himself to be the child's father, the child support enforcement | 38 |
agency of the county in which the child resides if the child's | 39 |
mother, father, or alleged father is a recipient of public | 40 |
assistance or of services under Title IV-D of
the "Social Security | 41 |
Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651,
as amended, or the | 42 |
alleged father's personal representative. | 43 |
(D) A recipient of public assistance or of services under | 50 |
Title IV-D of
the "Social Security Act," 88 Stat. 2351 (1975), 42 | 51 |
U.S.C.A. 651,
as amended, shall cooperate with the child support | 52 |
enforcement agency of
the county in which a child resides to | 53 |
obtain an
administrative
determination pursuant to sections | 54 |
3111.38 to
3111.54 of the
Revised Code, or, if necessary, a court | 55 |
determination pursuant to sections 3111.01 to 3111.18
of the | 56 |
Revised Code, of
the
existence or nonexistence of a parent and | 57 |
child relationship between the father and the child. If the | 58 |
recipient fails
to
cooperate, the agency may commence an action to | 59 |
determine the existence or
nonexistence of a parent and child | 60 |
relationship between the father and the
child pursuant to sections | 61 |
3111.01 to 3111.18 of the
Revised Code. | 62 |
Sec. 3111.06. (A) AnExcept as otherwise provided in | 69 |
division (B) or (C) of section 3111.381 of the Revised Code, an | 70 |
action authorized under sections
3111.01 to 3111.18 of the Revised | 71 |
Code may be brought
in the juvenile court
or other court with | 72 |
jurisdiction under section 2101.022 or 2301.03 of the
Revised Code | 73 |
of the county in which the
child, the child's mother, or the | 74 |
alleged father resides or is
found or, if the alleged father is | 75 |
deceased, of the county in
which proceedings for the probate of | 76 |
the alleged father's
estate have been or can be commenced, or of | 77 |
the county in which the child is
being provided support by the | 78 |
county department of job
and family services of that
county. An | 79 |
action pursuant to sections 3111.01 to
3111.18 of the Revised Code | 80 |
to object
to an administrative order issued pursuant to former | 81 |
section 3111.21 or
3111.22 or sections 3111.38 to 3111.54 of the | 82 |
Revised Code determining the existence or nonexistence
of a parent | 83 |
and
child relationship that has not become final and enforceable, | 84 |
may be brought
only in the juvenile court or other court with | 85 |
jurisdiction of the
county in which the child support
enforcement | 86 |
agency that issued the order is located. If an action
for divorce, | 87 |
dissolution, or legal
separation has been filed in a court of | 88 |
common pleas, that court
of common pleas has original jurisdiction | 89 |
to determine if the
parent and child relationship exists between | 90 |
one or both of the
parties and any child alleged or presumed to be | 91 |
the child of one
or both of the parties. | 92 |
(B) A person who has sexual intercourse in this state
submits | 93 |
to the jurisdiction of the courts of this state as to an
action | 94 |
brought under sections 3111.01 to 3111.18 of the Revised
Code with | 95 |
respect to a child who may have been conceived by that
act of | 96 |
intercourse. In addition to any other method provided by
the Rules | 97 |
of Civil Procedure, personal jurisdiction may be
acquired by | 98 |
personal service of summons outside this state or by
certified | 99 |
mail with proof of actual receipt. | 100 |
Sec. 3111.07. (A) The natural mother, each man presumed
to | 101 |
be the father under section 3111.03 of the Revised Code, and each | 102 |
man alleged to be the natural father, and, if the party who | 103 |
initiates the action is a recipient of public assistance as | 104 |
defined in section 3111.04 of the Revised Code or if
the | 105 |
responsibility for the collection of support for the child who is | 106 |
the subject of the action has been assumed by the child support | 107 |
enforcement agency under Title IV-D of the "Social Security Act," | 108 |
88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, the child | 109 |
support enforcement agency of the county in which the child | 110 |
resides shall be made parties to the action brought pursuant to | 111 |
sections 3111.01 to 3111.18 of the Revised Code or, if
not
subject | 112 |
to the jurisdiction of the court, shall be given notice
of the | 113 |
action pursuant to the Rules of Civil Procedure and shall
be given | 114 |
an opportunity to be heard. The child support enforcement agency | 115 |
of the county in which the action is brought also shall be given | 116 |
notice of the action pursuant to the Rules of Civil Procedure and | 117 |
shall be given an opportunity to be heard. The court may align the | 118 |
parties. The child shall be made a party to the action unless a | 119 |
party shows good cause for not doing so. Separate counsel shall
be | 120 |
appointed for the child if the court finds that the child's | 121 |
interests conflict with those of the mother. | 122 |
(B) If an action is brought pursuant to sections 3111.01
to | 129 |
3111.18 of the Revised Code and the child to whom
the action | 130 |
pertains is or was being provided support by the department of
job | 131 |
and family services, a county department of
job and family | 132 |
services, or another
public agency, the department, county | 133 |
department, or agency may
intervene for purposes of collecting or | 134 |
recovering the support. | 135 |
(B) An action to determine the existence or nonexistence of a | 142 |
parent and child relationship may be brought by the child's mother | 143 |
in the appropriate division of the court of common pleas in the | 144 |
county in which the child resides, without requesting an | 145 |
administrative determination, if the child's mother brings the | 146 |
action in order to request an order to determine the allocation of | 147 |
parental rights and responsibilities, the payment of all or any | 148 |
part of the reasonable expenses of the mother's pregnancy and | 149 |
confinement, or support of the child. The clerk of the court shall | 150 |
forward a copy of the complaint to the child support enforcement | 151 |
agency of the county in which the complaint is filed. | 152 |
(C) An action to determine the existence or nonexistence of a | 153 |
parent and child relationship may be brought by the putative | 154 |
father of the child in the appropriate division of the court of | 155 |
common pleas in the county in which the child resides, without | 156 |
requesting an administrative determination, if the putative father | 157 |
brings the action in order to request an order to determine the | 158 |
allocation of parental rights and responsibilities. The clerk of | 159 |
the court shall forward a copy of the complaint to the child | 160 |
support enforcement agency of the county in which the complaint is | 161 |
filed. | 162 |
If an action for divorce, dissolution of
marriage, or legal | 176 |
separation, or an action under section
2151.231 or 2151.232 of the | 177 |
Revised Code requesting an order requiring the
payment of child | 178 |
support and provision for the health care of a child,
has been | 179 |
filed in a court of common
pleas and a question as to the | 180 |
existence or nonexistence of a
parent and child relationship | 181 |
arises, the court in which the
original action was filed shall | 182 |
retain jurisdiction to determine
the existence or nonexistence of | 183 |
the parent and child
relationship without an administrative | 184 |
determination being
requested from a child support enforcement | 185 |
agency. | 186 |
Sec. 3123.171. Notwithstanding section 1343.03 of the | 194 |
Revised Code, interest may be charged on the amount of support | 195 |
arrearages owed pursuant to a default
under a child support order | 196 |
only as provided byWhen a court renders a money judgment for | 197 |
child support, pursuant to a motion for a lump sum judgment filed | 198 |
by an obligee, interest shall accrue on that arrearage unless the | 199 |
court finds that it would be inequitable to assess interest. The | 200 |
interest shall accrue from the date the judgment is rendered to a | 201 |
date certain set for payment of the judgment at a rate specified | 202 |
in section 1343.03 of the Revised Code at the time the judgment is | 203 |
rendered. A court may assess interest on a child support arrearage | 204 |
prior to judgment pursuant to section 3123.17 of
the Revised Code. | 205 |
The court shall enter the amount due, including interest, in the | 206 |
journal. If interest is not assessed, the court shall enter the | 207 |
reasons for not assessing interest in the journal. | 208 |