(A) An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian. A court designating the residential parent and legal custodian of a child described in this section shall treat the mother and father as standing upon an equality when making the designation.
(B) Notwithstanding division (A) of this section, an unmarried female who has been convicted of or pleaded guilty to rape or sexual battery and has been declared under section 3109.501 of the Revised Code to be the parent of a child born as a result of rape or sexual battery shall not be a residential parent and legal custodian of that child.
Notes of Decisions
Cited in 67
cases (21 in the last 5 years), 2002–2026 · leading case: Morris v. Mottern, 2015 Ohio 4523 (Ohio Ct. App. 2015).
Morris v. Mottern, 2015 Ohio 4523 (Ohio Ct. App. 2015). · cites it 14דR.C. 3109.042. Consequently, she asserted that the child legally resided with her in Portage County and that only a Portage County administrative agency or court had statutory authority to establish a parent and child relationship between Mr.”
In re A.B., 2019 Ohio 90 (Ohio Ct. App. 2019). · cites it 4ד18CA13 8 Appellant argues that she, as an unmarried mother, was the sole residential parent as there was no presumption of Appellee’s paternity under Ohio law, and that R.C. 3109.042 requires the existence of the presumption of paternity for the “father” to become a party to…”
In Re S.S.L.S., 2013 Ohio 3026 (Ohio Ct. App. 2013). · cites it 3ד{¶2} Relative to allocating parental responsibility, because the parties were unmarried, pursuant to R.C. 3109.042 Mother was statutorily designated the residential parent only until such time as a trial court would make an initial allocation of custody.”
Genhart v. David, 2011 Ohio 6732 (Ohio Ct. App. 2011). · cites it 4ד” R.C. 3109.042. If the father of the child born to an unmarried woman acknowledges paternity, and that acknowledgment has become final according to statute, the father may seek reasonable parenting time with the child in a court of competent jurisdiction.”
In re L.R., 2019 Ohio 1152 (Ohio Ct. App. 2019). · cites it 2דHe, therefore, acknowledges that, pursuant to R.C. 3109.042(A), Mother has always been the sole residential parent and legal custodian of the children.”
In re S.W.-S., 2013 Ohio 4823 (Ohio Ct. App. 2013). · cites it 5ד04(B)(1); R.C. 3109.042. {¶ 9} First, Mother contends that the magistrate’s August 8, 2008 memorandum of proceedings should be treated as an order of the court regarding the allocation of parental rights and responsibilities, such that the 2012 motion required a “reallocation.”
In re M.S., 2013 Ohio 4043 (Ohio Ct. App. 2013). · cites it 4ד{¶13} Finally, because this case involves unmarried parents, R.C. 3109.042 (“Custody rights of unmarried mother”) is also pertinent.”
Severns v. Foster, 2019 Ohio 909 (Ohio Ct. App. 2019). · cites it 3דwas controlled by R.C. 3109.042 at the time Severns filed his complaint in June 2016.”
In re J.K., 2014 Ohio 5502 (Ohio Ct. App. 2014). · cites it 2ד{¶25} Pursuant to R.C. 3109.042, an unmarried female who gives birth to a child is the sole residential parent until a court issues an order designating another person as such.”
In re K.L.F., 2021 Ohio 2290 (Ohio Ct. App. 2021). · cites it 2ד-2- Butler CA2020-08-083 CA2020-08-084 Mother was the residential parent by virtue of R.C. 3109.042, the magistrate applied the children's best interest standard under R.”
State v. Wills, 2013 Ohio 4507 (Ohio Ct. App. 2013). · cites it 2ד{¶ 20} Subsequent to Hill, the Ohio legislature enacted R.C. 3109.042, which 9 states, in part: “An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating…”
Lee v. Starr, 2020 Ohio 1649 (Ohio Ct. App. 2020). · cites it 2ד” {¶71} Because this action involved an original determination of custody of a child of an unmarried mother, R.C. 3109.042 confers a default status on Appellant as the residential parent until an order is issued by the trial court designating the residential parent and legal…”
In re L.R., 2019 Ohio 1152 (Ohio Ct. App. 2019). “He, therefore, acknowledges that, pursuant to R.C. 3109.042(A), Mother has always been the sole residential parent and legal custodian of the children.”
In re T.M.M., 2017 Ohio 9219 (Ohio Ct. App. 2017).
In re K.L.F., 2021 Ohio 2290 (Ohio Ct. App. 2021). “-2- Butler CA2020-08-083 CA2020-08-084 Mother was the residential parent by virtue of R.C. 3109.042, the magistrate applied the children's best interest standard under R.”
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