How is Custody Determined?
What Court has Jurisdiction over My Children?
When parents are getting a divorce or legal separation and they have children, the court must follow certain laws to decide who will take care of the children. The court uses Ohio Revised Code (R.C.) § 3105.21 and § 3109.04 to make these decisions.
R.C. § 3105.21 and § 3109.04 Explained
R.C. § 3105.21 says that in cases of divorce, annulment, or legal separation, the court must make decisions about the care and maintenance of the children based on what is best for them. The court can decide who gets custody and support for the children if there is enough proof in the case.
The court has similar authority in cases of dissolution, where it usually just approves or rejects the parents' agreement. However, the court can also review and approve a shared parenting plan according to R.C. § 3109.04(D)(1). The court can enforce its orders and change decisions about custody, child support, and visitation as needed.
Personal Jurisdiction
For the court's decisions to be valid, it must have the right jurisdiction. This means the court must have legal authority over the people involved and the subject matter of the case. Personal jurisdiction is obtained through proper service of process, voluntary appearance, or other actions that waive the defense of lack of jurisdiction.
In cases involving children, if one court starts making decisions about the child's long-term care, no other court can take over that matter. When a parent files for allocation of parental rights, they must include a UCCJEA affidavit, which is a requirement for the court to have jurisdiction. This requirement should be followed carefully, but some flexibility is allowed as long as the main requirements are met.
Determining which court has jurisdiction over child custody and care during a divorce or legal separation is crucial. The court must follow specific legal guidelines outlined in Ohio law to ensure decisions are in the best interest of the children. Proper jurisdiction must be established for the court's rulings to be valid, and once a court begins handling a case, it retains authority over that matter. Following the proper procedures, such as filing a UCCJEA affidavit, ensures the court can make legally binding decisions regarding the children's care.
