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Ohio Revised Code

Ohio Rev. Code § 3109.041 (2026)

Custody decrees issued prior to shared parenting provisions

✓ current as of May 2026

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Effective:

June 30, 2007

Latest Legislation:

House Bill 119 - 127th General Assembly

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(A) Parties to any custody decree issued pursuant to section 3109.04 of the Revised Code prior to April 11, 1991, may file a motion with the court that issued the decree requesting the issuance of a shared parenting decree in accordance with division (G) of section 3109.04 of the Revised Code. Upon the filing of the motion, the court shall determine whether to grant the parents shared rights and responsibilities for the care of the children in accordance with divisions (A), (D)(1), (E)(1), and (I) of section 3109.04 of the Revised Code.

(B) A custody decree issued pursuant to section 3109.04 of the Revised Code prior to April 11, 1991, that granted joint care, custody, and control of the children to the parents shall not be affected or invalidated by, and shall not be construed as being affected or invalidated by, the provisions of section 3109.04 of the Revised Code relative to the granting of a shared parenting decree or a decree allocating parental rights and responsibilities for the care of children on and after April 11, 1991. The decree issued prior to April 11, 1991 shall remain in full force and effect, subject to modification or termination pursuant to section 3109.04 of the Revised Code as that section exists on and after April 11, 1991.

(C) As used in this section, "joint custody" and "joint care, custody, and control" have the same meaning as "shared parenting."

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1990–2022 · leading case: Frost v. Frost, 618 N.E.2d 198 (Ohio Ct. App. 1992).

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Frost v. Frost, 618 N.E.2d 198 (Ohio Ct. App. 1992). · cites it 10× “The facts in this case became further complicated when appellee filed a “MOTION FOR SHARED PARENTING” on April 19, 1991 pursuant to newly enacted R.C. 3109.041, which became effective on April 11, 1991.”

Neel v. Neel, 680 N.E.2d 207 (Ohio Ct. App. 1996). · cites it 2× “” Shared parenting is authorized by R.C. 3109.041 and 3109.04. R.C. 3109.041 provides: “(A) Parties to any custody decree issued pursuant to section 3109.”

Arthur v. Arthur, 720 N.E.2d 176 (Ohio Ct. App. 1998). “The court may either designate one parent as the residential parent and legal custodian who bears the primary rights and responsibilities for the care of the children, or may issue a shared-parenting order requiring the parents to share all or some of the aspects of the physical…”

Dyer v. Gomez, 2022 Ohio 1127 (Ohio Ct. App. 2022). “See R.C. 3109.041(A)(1). The father’s motion seeking custody invoked the court’s jurisdiction to rule on other parental responsibilities which would necessarily be impacted by the court’s modification of the prior custody order.”

Stanton v. Stanton, 6 Ohio App. Unrep. 53 (Ohio Ct. App. 1990). “R.C. 3109.041 (BX2Xb)(d) sets forth the court's authority to modify joint custody agreements.”

— Ohio Rev. Code § 3109.041(A) — 1 case

Arthur v. Arthur, 720 N.E.2d 176 (Ohio Ct. App. 1998). “The court may either designate one parent as the residential parent and legal custodian who bears the primary rights and responsibilities for the care of the children, or may issue a shared-parenting order requiring the parents to share all or some of the aspects of the physical…”

— Ohio Rev. Code § 3109.041(A)(1) — 1 case

Dyer v. Gomez, 2022 Ohio 1127 (Ohio Ct. App. 2022). “See R.C. 3109.041(A)(1). The father’s motion seeking custody invoked the court’s jurisdiction to rule on other parental responsibilities which would necessarily be impacted by the court’s modification of the prior custody order.”

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