When husband and wife are living separate and apart from each other, or are divorced, and the question as to the parental rights and responsibilities for the care of their children and the place of residence and legal custodian of their children is brought before a court of competent jurisdiction, they shall stand upon an equality as to the parental rights and responsibilities for the care of their children and the place of residence and legal custodian of their children, so far as parenthood is involved.
Notes of Decisions
Cited in 42
cases (4 in the last 5 years), 1954–2026 · leading case: Badescu v. Badescu, 2020 Ohio 4312 (Ohio Ct. App. 2020).
Badescu v. Badescu, 2020 Ohio 4312 (Ohio Ct. App. 2020). · cites it 6ד] The trial court erred as a matter of law and abused its discretion by placing the initial burden on Mother to demonstrate the necessity of move and placing unfairly prejudicial weight on Mother's decision to live out of state, in violation of R.C. § 3109.03. [II.] The trial…”
State v. Hill, 661 N.E.2d 1068 (Ohio 1996). · cites it 2דIn view of Domika’s injuries and Hill’s declared intentions, the jury could reasonably find that Hill purposefully killed Domika.”
Bechtol v. Bechtol, 550 N.E.2d 178 (Ohio 1990). “The General Assembly has spoken on this issue through R.C. 3109.03 by indicating: “When a husband and wife are living separate and apart from each other, or are divorced, and the question as to the care, custody, and control of their offspring is brought before a court of…”
State v. Hill, 1996 Ohio 222 (Ohio 1996). · cites it 2דIn view of 15 SUPREME COURT OF OHIO Domika’s injuries and Hill’s declared intentions, the jury could reasonably find that Hill purposefully killed Domika.”
Braatz v. Braatz, 706 N.E.2d 1218 (Ohio 1999). “, R.C. 3109.03; 3105.65. The definitional sections under R.”
Cottrell v. Cottrell, 2013 Ohio 2397 (Ohio Ct. App. 2013). “R.C. 3109.03(F)(1)(i). Rather, Father admitted on cross- examination that it is Alan who continuously refuses to have visitation with Father and that Father only contacts Alan about visitation, not Mother.”
Seibert v. Seibert, 584 N.E.2d 41 (Ohio Ct. App. 1990). · cites it 2דThese cases appear to draw their reasoning from R.C. 3109.03 which recognizes no distinction between the rights of a father and those of a mother to the custody of children.”
Thompson v. Thompson, 511 N.E.2d 412 (Ohio Ct. App. 1987). “R.C. 3109.03. Courts in other states with similar provisions have, however, continued to apply the tender years presumption, being careful to couch their holding in terms of the child’s best interest.”
Meyer v. Meyer, 478 N.E.2d 806 (Ohio 1985). “* * *” See R.C. 3109.03 which reads: “When husband and wife are living separate and apart from each other, or are divorced, and the question as to the care, custody, and control of their offspring is brought before a court of competent jurisdiction, they shall stand upon an…”
In Re Markham, 592 N.E.2d 896 (Ohio Ct. App. 1990). · cites it 2דThe legislature has decreed that parents shall stand equally on the issue of custody, in R.C. 3109.03: “When husband and wife are living separate and apart from each other, or are divorced, and the question as to the care, custody, and control of their offspring is brought…”
Marlowe v. Marlowe, 2023 Ohio 1417 (Ohio Ct. App. 2023). “R.C. 3109.03. 56. {¶ 137} In making its allocation, the trial court must consider the best interests of the children.”
Wuich v. Wuich, 2013 Ohio 956 (Ohio Ct. App. 2013). · cites it 6דJeffrey enumerated four “requests,” namely: (1) “to be an equal, legal custodian of his three children,” in reliance upon R.C. 3109.03, (2) that he be provided “information from the 9 Montgomery County Domestic Relations Court for the past ten (10) years that shows which parent…”
Cottrell v. Cottrell, 2013 Ohio 2397 (Ohio Ct. App. 2013). “R.C. 3109.03(F)(1)(i). Rather, Father admitted on cross- examination that it is Alan who continuously refuses to have visitation with Father and that Father only contacts Alan about visitation, not Mother.”
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