Effective: April 11, 2005
Latest Legislation: Senate Bill 185 - 125th General Assembly
(A) Except as otherwise provided in section 3127.18 of the Revised Code, a court of this state may not exercise its jurisdiction under sections 3127.15 to 3127.17 of the Revised Code if, at the time of the commencement of the proceeding, a child custody proceeding concerning the child is pending in a court of another state having jurisdiction substantially in conformity with this chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under section 3127.21 of the Revised Code or a similar statute of the other state.
(B) Except as otherwise provided in section 3127.18 of the Revised Code, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to section 3127.23 of the Revised Code. If the court determines that a child custody proceeding is pending in a court in another state having jurisdiction substantially in accordance with this chapter, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.
(C) In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may do any of the following:
(1) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
(2) Enjoin the parties from continuing with the proceeding for enforcement;
(3) Upon the demonstration of an emergency, proceed with the modification under conditions the court considers appropriate.
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.