Ohio Code § 3127.38
Ohio Code § 3127.38. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 3127.38.
(A) A petition for enforcement pursuant to sections 3127.31 to 3127.46 of the Revised Code must be verified. All orders sought to be enforced and any order confirming registration must be attached
to the petition. The orders attached to the petition shall be the original or a certified copy, whichever
a court requires. (B) A petition for enforcement of a child custody determination shall state all of the
following: (1) Whether the court that issued the child custody determination identified the jurisdictional
basis it relied upon in exercising jurisdiction and, if so, what the basis was; (2) Whether the determination for which enforcement is sought has been vacated, stayed,
or modified by a court whose decision must be enforced under this chapter and, if
so, identify the court, the case number, and the nature of the proceeding; (3) Whether any proceeding has been commenced that could affect the current proceeding,
including proceedings for enforcement of child custody determinations, proceedings
relating to domestic violence or protection orders, proceedings to adjudicate the
child as an abused, neglected, or dependent child, proceedings seeking termination
of parental rights, and adoptions, and, if so, the court, the case number, and the
nature of the proceeding; (4) The present physical address of the child and the respondent, if known; (5) Whether relief in addition to the immediate physical custody of the child and attorney's
fees is sought, including a request for assistance from law enforcement officials
and, if so, the relief sought; (6) If the child custody determination has been registered and confirmed under section 3127.35 of the Revised Code , the date and place of registration. (C) Upon the filing of a petition, the court shall issue an order directing the respondent
to appear in person with or without the child at a hearing and may enter any order
necessary to ensure the safety of the parties and the child. If possible, the hearing must be held on the next judicial day after service of
the order. If holding the hearing on that date is impossible, the court shall hold the hearing
on the first judicial day possible. The court may extend the date of the hearing at the request of the petitioner. (D) An order issued under division (C) of this section shall state the time and place
of the hearing and advise the respondent that at the hearing the court will order
that the petitioner may take immediate physical custody of the child and that the
respondent pay fees, costs, and expenses under section 3127.42 of the Revised Code and may schedule a hearing to determine whether further relief is appropriate, unless
the respondent appears and establishes either of the following: (1) That the child custody determination has not been registered and confirmed under section 3127.35 of the Revised Code and that one of the following circumstances applies: (a) 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. (b) The child custody determination for which enforcement is sought 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. (c) The respondent was entitled to notice of the child custody proceeding for which enforcement
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. (2) That the child custody determination for which enforcement is sought was registered
and confirmed under section 3127.35 of the Revised Code but has been vacated, stayed, or modified by a court of a state having jurisdiction
to do so under sections 3127.15 to 3127.24 of the Revised Code or a similar statute of another state.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 3127.38
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
Verify the text
Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
What is the source of Ohio Revised Code § 3127.38?
The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.
What subject does Ohio Revised Code § 3127.38 address?
It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Ohio Revised Code § 3127.38 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.
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