HB 256: Revise the law regarding child custody for unwed parents
This law establishes a rebuttable presumption that an unmarried female is the sole residential parent and legal custodian of her child until a court orders otherwise. If the natural father establishes a parent and child relationship or has a birth certificate with his name, the presumption is rebutted. In the event of a rebuttal, both parents are considered equal residential parents with equal rights and responsibilities, and the exchange of physical custody and parenting time is allocated based on agreement. However, if the parents cannot agree, either parent can initiate a judicial proceeding to determine the allocation of parental rights and responsibilities. The court will consider whether either parent failed to exercise their rights and responsibilities in determining the allocation of parental rights and responsibilities. A birth certificate executed in another state is given ful…
| May. 07, 2025 | Referred to committee: Judiciary |
| May. 06, 2025 | Introduced |
As Introduced
136th General Assembly
Regular Session
2025-2026
Representatives Williams, LaRe
A BILL
To amend section 3109.042 of the Revised Code to make changes to the law regarding child custody for unwed parents.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3109.042 of the Revised Code be amended to read as follows:
5Sec. 3109.042. (A) An-There is a rebuttable presumption 6that an unmarried female who gives birth to a child is the sole 7residential parent and legal custodian of the child until a 8court of competent jurisdiction issues an order designating 9another person as the residential parent and legal custodian. A 10court designating the residential parent and legal custodian of 11a child described in this section shall treat the mother and 12father as standing upon an equality when making the designation. 13(B) (1) A presumption under division (A) of this 14section is rebutted if the natural father of the child 15establishes a parent and child relationship by one of the 16methods described in section 3111.02 of the Revised Code or upon 17the issuance of a lawfully executed birth certificate that 18includes the name of the natural father. 19 20(2) Upon the rebuttal of a presumption under division (B) (1) of 21this section and except as provided in division (B) (3) of 22this section, all of the following apply without a judicial 23proceeding: 24(a) Both parents are equal residential parents of the 25child and therefore have equal rights and responsibilities as it 26relates to parenting time with the child. 27(b) The exchange of physical custody and parenting time 28schedule shall be allocated upon agreement of the mother and 29father of the child. 30(c) The mother remains the sole legal custodian of the 31child. 32(3) Upon the rebuttal of a presumption under division (B) (1) of 33this section, if the parents do not agree on an equal 34allocation of physical custody of the child or either parent 35fails to exercise that parent's rights and responsibilities 36under division (B) (2) of this section, either parent may 37initiate a judicial proceeding in a court of competent 38jurisdiction to determine the allocation of parental rights and 39responsibilities. 40(4) Upon the initiation of a judicial proceeding under 41division (B) (3) of this section, the court shall determine 42whether either parent failed to undertake, or obstructed the 43other parent from exercising, the rights and responsibilities 44provided in division (B) (2) of this section. 45(5) If the court finds that either of the determinations 46under division (B) (4) of this section is true, the court shall 47consider this finding in its allocation of parental rights and 48responsibilities, in addition to all other requirements and 49considerations provided in section 3109.04 of the Revised Code. 50(C) For purposes of this section, full faith and credit 51shall be given to a birth certificate that was lawfully 52executed, or a determination of a parent and child relationship 53that was made, in accordance with the laws of another state. 54(D) Notwithstanding division (A) or (B) of this section, 55an unmarried female or male who has been convicted of or pleaded 56guilty to rape or sexual battery and has been declared under 57section 3109.501 of the Revised Code to be the parent of a child 58born as a result of rape or sexual battery shall not be a 59residential parent and-or legal custodian of that child.
Section 2. That existing section 3109.042 of the Revised Code is hereby repealed.