Effective: April 11, 2005
Latest Legislation: Senate Bill 185 - 125th General Assembly
(A) A court of this state has temporary emergency jurisdiction if a child is present in this state and either of the following applies:
(1) The child has been abandoned.
(2) It is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
(B) If there is no previous child custody determination that is entitled to be enforced under this chapter and a child custody proceeding has not been commenced in a court of a state having jurisdiction under sections 3127.15 to 3127.17 of the Revised Code or a similar statute of another state, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under sections 3127.15 to 3127.17 of the Revised Code or a similar statute of another state. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under sections 3127.15 to 3127.17 of the Revised Code or a similar statute of another state, a child custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child.
(C) If there is a previous child custody determination that is entitled to be enforced under this chapter, or a child custody proceeding has been commenced in a court of a state having jurisdiction under sections 3127.15 to 3127.17 of the Revised Code or a similar statute of another state, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under sections 3127.15 to 3127.17 of the Revised Code or a similar statute of another state. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or until the period expires.
(D) A court of this state that has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in or a child custody determination has been made by a court of a state having jurisdiction under sections 3127.15 to 3127.17 of the Revised Code or a similar statute of another state, shall immediately communicate with the other court. A court of this state that is exercising jurisdiction pursuant to sections 3127.15 to 3127.17 of the Revised Code, upon being informed that a child custody proceeding has been commenced in or a child custody determination has been made by a court of another state under a statute similar to this section, shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.
Structure Ohio Revised Code
Title 31 | Domestic Relations-Children
Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act
Section 3127.01 | Definitions.
Section 3127.02 | Application of Chapter.
Section 3127.03 | Custody Proceeding Pertaining to Indian Child.
Section 3127.04 | Foreign Country Treated as State - Enforcement of Foreign Custody Determinations.
Section 3127.05 | Custody Determinations Under Chapter as Binding.
Section 3127.06 | Calendar Priorities.
Section 3127.07 | Notice and Proof of Service for Personal Jurisdiction Outside Ohio.
Section 3127.08 | Immunity to Personal Jurisdiction Regarding Unrelated Matter.
Section 3127.09 | Communication With Non-Ohio Court - Opportunity to Participate.
Section 3127.10 | Testimony of Out-of State Witnesses.
Section 3127.11 | Requests to or From Non-Ohio Court - Expenses - Forwarding of Copies.
Section 3127.15 | Jurisdictional Basis for Initial Custody Determination.
Section 3127.16 | Exclusive Continuing Jurisdiction Over Determination - Termination.
Section 3127.17 | Modification of Custody Determination of Non-Ohio Court.
Section 3127.18 | Temporary Emergency Jurisdiction - No Previous Custody Determination.
Section 3127.19 | Notice and Opportunity to Be Heard.
Section 3127.20 | Custody Proceeding Pending in Another State.
Section 3127.21 | Jurisdiction Declined - Forum Non Conveniens.
Section 3127.22 | Jurisdiction Declined - Unjustifiable Conduct - Remedy - Assessment of Expenses.
Section 3127.23 | Contents of Pleading or Affidavit.
Section 3127.24 | Order to Appear - Costs.
Section 3127.31 | Definitions - Petitioner and Respondent.
Section 3127.32 | Enforcement of Order for Return of Child Under Hague Convention.
Section 3127.33 | Recognition of Custody Determination of Non-Ohio Court.
Section 3127.34 | Temporary Enforcement Order by Court Lacking Jurisdiction to Modify Custody.
Section 3127.36 | Enforcement of Registered Custody Determination by Non-Ohio Court.
Section 3127.37 | Communication With Non-Ohio Court Where Modification Proceeding Pending.
Section 3127.38 | Petition for Enforcement of Custody Determination - Procedure - Order.
Section 3127.39 | Service of Petition and Order.
Section 3127.41 | Warrant to Take Physical Custody Where Imminent Danger of Harm or Removal.
Section 3127.42 | Award of Fees, Expenses and Costs to Prevailing Party.
Section 3127.43 | Full Faith and Credit to Orders Issued by Court of Another State.
Section 3127.44 | Appeal From Final Order.
Section 3127.45 | Actions to Locate, Obtain Return of Child, or Enforce Custody Determination.
Section 3127.46 | Authorized Enforcement Actions by Law Enforcement Officer.
Section 3127.47 | Assessment of Enforcement Expenses and Costs Against Losing Party.
Section 3127.51 | Construction of Chapter to Promote Uniformity.