Ohio Revised Code
Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act
Section 3127.35 | Registration of Child Custody Determination by Non-Ohio Court - Contest of Validity.

Effective: April 11, 2005
Latest Legislation: Senate Bill 185 - 125th General Assembly
(A) Subject to sections 2101.022 and 2301.03 of the Revised Code, the clerk of a juvenile court or other court with appropriate jurisdiction may register a child custody determination issued by a court of another state, with or without a simultaneous request for enforcement, on receipt of all of the following:
(1) A letter or other document requesting that the child custody determination be registered;
(2) Two copies, including one certified copy, of the determination sought to be registered, and a statement under penalty of perjury that, to the best of the knowledge and belief of the person seeking registration, the order has not been modified;
(3) Except as otherwise provided in section 3127.23 of the Revised Code, the name and address of the person seeking registration and any parent who is designated the residential parent and legal custodian of the child or to have parenting time with respect to the child or any person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered;
(4) An advance deposit or fee established by the court.
(B) On receipt of the documents and information required by division (A) of this section, the registering court shall do both of the following:
(1) Cause the child custody determination to be filed as a foreign judgment together with one copy of any accompanying documents and information, regardless of their form;
(2) Serve notice of the registration request on the persons named pursuant to division (A)(3) of this section, and provide them with an opportunity to contest the registration in accordance with this section.
(C) The notice required by division (B)(2) of this section shall state all of the following:
(1) That the registered child custody determination is enforceable as of the date of the registration in the same manner as a child custody determination issued by a court of this state;
(2) That a hearing to contest the validity of the registered determination must be requested within thirty days after service of notice;
(3) That failure to contest the registration shall result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.
(D) A person seeking to contest the validity of a registered order shall request a hearing within thirty days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes one of the following circumstances:
(1) The issuing court did not have jurisdiction under sections 3127.15 to 3127.24 of the Revised Code or a similar statute of another state.
(2) The child custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so under sections 3127.15 to 3127.24 of the Revised Code or a similar statute of another state.
(3) The person contesting registration was entitled to notice of the child custody proceeding for which registration is sought, but notice was not given in accordance with the standards of section 3127.07 of the Revised Code or a similar statute of another state.
(E) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served in accordance with division (B)(2) of this section must be notified of the confirmation.
(F) Confirmation of a registered child custody determination, whether by operation of law or after notice and hearing, precludes further contest of the determination with respect to any matter that could have been asserted at the time of registration.

Structure Ohio Revised Code

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 3127.35 | Registration of Child Custody Determination by Non-Ohio Court - Contest of Validity.

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 3127.40 | Order to Take Immediate Physical Possession of Child - Additional Relief - Privileges.

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.

Section 3127.52 | Provisions of Chapter Severable.

Section 3127.53 | Prospective Application of Chapter.