Effective: March 22, 2019
Latest Legislation: House Bill 595 - 132nd General Assembly
Except as provided in division (K) of section 2301.03 of the Revised Code, any court, other than a juvenile court, that has jurisdiction in any case respecting the allocation of parental rights and responsibilities for the care of a child under eighteen years of age and the designation of the child's place of residence and legal custodian or in any case respecting the support of a child under eighteen years of age, may, on its own motion or on motion of any interested party, certify the record in the case or so much of the record and such further information, in narrative form or otherwise, as the court deems necessary or the juvenile court requests, to the juvenile court for further proceedings; upon the certification, the juvenile court shall have exclusive jurisdiction.
In cases in which the court of common pleas finds the parents unsuitable to have the parental rights and responsibilities for the care of the child or children and unsuitable to provide the place of residence and to be the legal custodian of the child or children, consent of the juvenile court shall not be required to such certification. This section applies to actions pending on August 28, 1951.
In any case in which a court of common pleas, or other court having jurisdiction, has issued an order that allocates parental rights and responsibilities for the care of minor children and designates their place of residence and legal custodian of minor children, has made an order for support of minor children, or has done both, the jurisdiction of the court shall not abate upon the death of the person awarded custody but shall continue for all purposes during the minority of the children. The court, upon its own motion or the motion of either parent or of any interested person acting on behalf of the children, may proceed to make further disposition of the case in the best interests of the children and subject to sections 3109.42 to 3109.48 of the Revised Code. If the children are under eighteen years of age, it may certify them, pursuant to this section, to the juvenile court of any county for further proceedings. After certification to a juvenile court, the jurisdiction of the court of common pleas, or other court, shall cease, except as to any payments of spousal support due for the spouse and support payments due and unpaid for the children at the time of the certification.
Any disposition made pursuant to this section, whether by a juvenile court after a case is certified to it, or by any court upon the death of a person awarded custody of a child, shall be made in accordance with sections 3109.04 and 3109.42 to 3109.48 of the Revised Code. If an appeal is taken from a decision made pursuant to this section that allocates parental rights and responsibilities for the care of a minor child and designates the child's place of residence and legal custodian, the court of appeals shall give the case calendar priority and handle it expeditiously.
Structure Ohio Revised Code
Title 31 | Domestic Relations-Children
Section 3109.01 | Age of Majority.
Section 3109.011 | Capacity of Person Given Consent to Marry.
Section 3109.02 | Exception for Veterans.
Section 3109.03 | Equality of Parental Rights and Responsibilities.
Section 3109.041 | Custody Decrees Issued Prior to Shared Parenting Provisions.
Section 3109.042 | Custody Rights of Unmarried Mother.
Section 3109.043 | Temporary Custody Order While Action Pending.
Section 3109.05 | Child Support Determinations.
Section 3109.051 | Parenting Time - Companionship or Visitation Rights.
Section 3109.052 | Mediation of Differences as to Allocating Parental Rights and Responsibilities.
Section 3109.053 | Parenting Classes or Counseling.
Section 3109.06 | Certification to Juvenile Court.
Section 3109.061 | Construction of Sections 2151.233 to 2151.236.
Section 3109.09 | Liability of Parents for Willful Damage of Property or Theft by Their Children.
Section 3109.10 | Liability of Parents for Willful and Malicious Assaults by Their Children.
Section 3109.12 | Mother Unmarried - Parenting Time, Companionship or Visitation Rights.
Section 3109.13 | Prevention of Child Abuse and Child Neglect Definitions.
Section 3109.14 | Fees for Vital Statistics Records.
Section 3109.15 | Children's Trust Fund Board.
Section 3109.16 | Powers of the Board.
Section 3109.17 | Biennial State Plan for Comprehensive Child Abuse and Child Neglect Prevention.
Section 3109.171 | Child Abuse and Child Neglect Prevention Regions.
Section 3109.172 | Child Abuse and Child Neglect Regional Prevention Councils.
Section 3109.173 | Regional Prevention Coordinator.
Section 3109.174 | Submission of Regional Prevention Plan.
Section 3109.175 | Evaluation of Plans.
Section 3109.176 | Denial or Reduction of Funding.
Section 3109.177 | Primary Prevention Strategies.
Section 3109.178 | Requests for Start-Up Costs.
Section 3109.401 | State Policy on Parent and Child Relationship.
Section 3109.41 | Parent Killing Other Parent Definitions.
Section 3109.42 | Ineligibility for Custody of Parent Killing Other Parent.
Section 3109.43 | Ineligibility for Visitation Rights of Parent Killing Other Parent.
Section 3109.44 | Notice by Court Where Parent Convicted of Killing Other Parent.
Section 3109.45 | Termination of Visitation Order Upon Receipt of Notice.
Section 3109.46 | Termination of Custody Order Upon Receipt of Notice.
Section 3109.47 | Custody or Visitation Granted to Surviving Parent.
Section 3109.48 | Visit to Surviving Parent With Child Present.
Section 3109.50 | Definitions.
Section 3109.501 | Children Conceived as Result of Rape or Sexual Battery; Declaration of Paternity.
Section 3109.502 | Continuation of Declaration of Paternity Proceedings During Criminal Proceedings.
Section 3109.503 | Notice of Parental Rights.
Section 3109.504 | Granting of Parental Rights Prohibited.
Section 3109.505 | Consolidation of Actions.
Section 3109.506 | Rights of Relatives.
Section 3109.507 | Revocation or Modification of Order.
Section 3109.51 | Definitions.
Section 3109.52 | Power of Attorney for Residential Grandparent.
Section 3109.53 | Form of Power of Attorney for Residential Grandparent.
Section 3109.54 | Signatures - Notarization.
Section 3109.55 | Notice of Creation of Power of Attorney.
Section 3109.56 | Requirements for Creating Power of Attorney.
Section 3109.57 | Further Requirements for Creating Power of Attorney.
Section 3109.58 | Pending Proceedings May Preclude Creation of Power of Attorney.
Section 3109.59 | Termination of Power of Attorney.
Section 3109.60 | Notice of Termination.
Section 3109.62 | Military Power of Attorney.
Section 3109.65 | Caretaker Authorization Affidavit.
Section 3109.66 | Form of Caretaker Authorization Affidavit.
Section 3109.67 | Execution of Affidavit.
Section 3109.68 | Pending Proceedings May Preclude Creation of Affidavit.
Section 3109.69 | Limitations on Authority Granted by Affidavit.
Section 3109.70 | Termination of Affidavit.
Section 3109.71 | Notice of Termination.
Section 3109.72 | Negation of Actions Taken Under Caretaker Authorization Affidavit.
Section 3109.74 | Filing With Court.
Section 3109.75 | Verification of Filing.
Section 3109.78 | Purpose May Void Power or Affidavit.
Section 3109.79 | Child Support Order Unaffected by Power or Affidavit.
Section 3109.80 | Only One Power or Affidavit May Be in Effect at a Time.