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Child Custody Sample Affidavit Ohio document sample
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OJC ENACTMENT NEWS
Senate Bill 185, 125th G.A.
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
Effective Date: April 11, 2005
Senate Bill 185 replaces the Uniform Child Custody Act (UCCJA) with the Uniform Child Custody
Jurisdiction and Enforcement Act (UCCJEA). The model act upon which S.B. 185 is based was
developed by the National Conference of Commissioners on Uniform State Laws to provide uniformity
among the states. In general, Ohio’s UCCJEA statute does the following:
• Places UCCJEA filings and proceedings with the “juvenile court or other court with appropriate
jurisdiction” throughout the bill;
• Establishes juvenile court original jurisdiction to enforce orders for return of a child made under
the Hague Convention and to grant any relief to enforce a child custody determination made by a
court of another state and registered under the UCCJEA out of state registry [§2151.23(B)];
• Clarifies that the juvenile court has original jurisdiction to receive filings under §3109.74 and to
hear and determine actions under §3109.51 to §3109.80 (Child Caretaker Authorization
Affidavits and POAs) [§2151.23(B)];
• Uses the term “child custody” rather than “parental rights and responsibilities” to be more easily
understood by other states. In doing so, it reference’s Ohio’s statutory “parental rights and
responsibilities” [§3127.01(B)];
• Permits an Ohio court to communicate with a court in another state concerning a proceeding
arising under the UCCJEA. Generally allows the court to give the parties the opportunity to
participate in the communication or, if the parties are not able to participate in the
communication, be given the opportunity to present facts and legal arguments before a decision
concerning jurisdiction is made. Requires a record be made of these communications
[§3127.09];
• Allows communication between courts regarding scheduling, calendars, court records and
similar matters without informing the parties or making a record [§3127.09];
• Establishes a clear jurisdictional priority that parallels the federal Parental Kidnapping
Prevention Act. This assigns jurisdictional priority to the home state, as long as one parent
remains in the home state §3127.15-§3127.17];
• Provides protection for victims of domestic violence and abandoned children through temporary
emergency orders [§3127.18];
• Authorizes Ohio to implement proceedings for determinations issued by courts outside of Ohio
[§3127.31- §3127.46];
• Requires courts to establish a registry of out-of-state child custody determinations.
Determinations may be registered upon a parent’s moving into Ohio, without there being a
current dispute for the courts to consider. [§3127.35]. Sample Declarations form and Request for
Registration form follow;
• Provides an expedited process to enforce interstate child custody and visitation orders
[§3127.38, §3127.41, §3127.44]; and
• Authorizes prosecutors to locate the child, to enforce custody orders, and to request assistance of
law enforcement [§3127.45-3127.47].
Sample forms are attached
IN THE COURT OF COMMON PLEAS
FAMILY COURT
STARK COUNTY, OHIO
DECLARATION UNDER UNIFORM CHILD CUSTODY Case No. ______________________
JURISDICTION AND ENFORCEMENT ACT (UCCJEA) Division: Domestic Relations/Juvenile
I, (full legal name)__________________________________, being sworn according to law, certify that
these proceedings involve the custody of a child, or children and the following statements are true:
1. [ ] I am requesting the court to not disclose my address or that of the child(ren). My address is
confidential pursuant to ORC 3127.23(D) and should be placed under seal in that the health, safety, or
liberty of myself and/or the child(ren) would be jeopardized by the disclosure of the identifying information.
2. (Number): Minor Child(ren) are subject to this proceeding as follows:
(Insert the information requested below. The residence information must be given for the last FIVE years.)
a. Child’s name Place of birth Date of birth Sex
Period of residence Person child lived with (name & address) Relationship
Address
To Present
Confidential
__
to
to
to
to
a. Child’s name Place of birth Date of birth Sex
Period of residence Person child lived with (name & address) Relationship
Address
to Present
Confidential
__
to
to
to
to
a. Child’s name Place of birth Date of birth Sex
Period of residence Person child lived with (name & address) Relationship
Address
to Present
Confidential
__
to
to
to
to
e. Additional children are listed on Attachment 2e. (Provide requested information for additional children
on an attachment.)
3. Participation in custody proceeding(s): (√ only one)
____ I HAVE NOT participated as a party, witness, or in any capacity in any other litigation, in this or any
other state, concerning the custody of or visitation (parenting time) with any child subject to this proceeding.
____ I HAVE participated as a party, witness, or in any capacity in any other litigation, in this or any other
state, concerning the custody of or visitation (parenting time) with any child subject to this proceeding.
Explain:
a. Name of each child ____________________________________________________________
b. Type of proceeding ____________________________________________________________
c. Court and state ____________________________________________________________
d. Date of court order or judgment (if any): ____________________________________________
4. Information about custody proceeding(s): (√ only one)
____ I HAVE NO INFORMATION of any proceedings that could affect the current proceeding, including
any proceedings relating to custody, domestic violence or protection orders, dependency, neglect or abuse
allegations or adoptions concerning any child subject to this proceeding .
____ I HAVE THE FOLLOWING INFORMATION concerning proceedings that could affect the current
proceeding, including any proceedings relating to custody, domestic violence or protection orders,
dependency, neglect or abuse allegations or adoptions concerning any child subject to this proceeding,
other than set out in item 3. Explain:
a. Name of each child ____________________________________________________________
b. Type of proceeding ____________________________________________________________
c. Court and state ____________________________________________________________
d. Date of court order or judgment (if any): ____________________________________________
5. Persons not a party to this proceeding: (√ only one)
____ I DO NOT KNOW OF ANY PERSON not a party to this proceeding who has physical custody or
claims to have custody or visitation rights with respect to any child subject to this proceeding.
____ I KNOW THAT THE FOLLOWING NAMED PERSON(S) not a party to this proceeding has/have
physical custody or claim(s) to have custody or visitation rights with respect to any child subject to this
proceeding:
(See next page)
a. Name and address of person ____________________________________________________
( ) has physical custody ( ) claims custody rights ( ) claims visitation rights
Name of each child ______________________________________________________________
b. Name and address of person ____________________________________________________
( ) has physical custody ( ) claims custody rights ( ) claims visitation rights
Name of each child ______________________________________________________________
c. Name and address of person ____________________________________________________
( ) has physical custody ( ) claims custody rights ( ) claims visitation rights
Name of each child ______________________________________________________________
6. Knowledge of prior child support proceedings: (√ only one)
____ The child(ren) described in this affidavit are NOT subject to existing child support order(s) in this or
any state or territory.
____ The child(ren) described in this affidavit ARE subject to the following existing child support order(s):
a. Name of each child ____________________________________________________________
b. Type of proceeding ____________________________________________________________
c. Court and address ____________________________________________________________
d. Date of court order or judgment (if any): ____________________________________________
e. Amount of child support paid and by whom:__________________________________________
7. I acknowledge that I have a continuing duty to advise this Court of any custody, visitation, child
support, or guardianship proceeding (including dissolution of marriage, child neglect, or
dependency) concerning the child(ren) in this state or any other state about which information is
obtained during this proceeding.
I certify that a copy of this document was (√ only one) ( ) mailed ( ) faxed and mailed
( ) hand delivered to the person(s) listed below on (date)_________________________________.
Other party or his/her attorney:
Name:__________________________________Address:________________________________
City, State, Zip:__________________________ Fax Number:_____________________________
I understand that I am swearing or affirming under oath to the truthfulness of the statements made in this
affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment.
Dated:_________________ _____________________________________________
Signature of Party
Printed name:__________________________________Address:________________________________
City, State, Zip:_________________________________ Phone:_______________Fax:______________
STATE OF OHIO
COUNTY OF ___________
Sworn to or affirmed and signed before me on __________________by______________________
_____________________________________________
Notary Public
4/11/05
IN THE COURT OF COMMON PLEAS
FAMILY COURT
STARK COUNTY, OHIO
AFFIDAVIT APPLICATION FOR REGISTRATION Case No.:____________________
OF AN OUT-OF STATE [ ] CUSTODY [ ] VISITATION
ORDER - UCCJEA Division: Domestic Relations/Juvenile
In Re:_____________________________________________________________________________________
____________________________________________________________________________________
Name of child(ren) subject of the attached order Date(s) of birth
(1). I, {full legal name} _____________________, residing at {list current address}
, being sworn according to law, am petitioning this
Court to register the attached out-of -state [ ] custody [ ] visitation order that has been issued by [indicate the
court, state or other jurisdiction and date]:
__________________________________________________________________________________________
[ ] I am requesting the court to not disclose my address or that of the child(ren). My address is
confidential pursuant to ORC 3127.23(D) and should be placed under seal in that the health, safety, or liberty of
myself and/or the child(ren) would be jeopardized by the disclosure of identifying information.
(2). The name(s) and address(es) of any person(s), other than myself, who have been awarded custody or
visitation (parenting time) in the attached custody and/or visitation order are as follows {specify}:
Name(s) Relationship to Child(ren) Address
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
(3). This order has been registered in the following other jurisdiction(s) or State(s) {specify}:
Jurisdiction/State Registration accepted/denied/pending {list only one}
__________________________________________________________________________________________
__________________________________________________________________________________________
I understand I am swearing or affirming under oath to the best of my knowledge and belief, the attached
order which I am seeking to register is in effect and has not been stayed or modified. I understand if I knowingly
make a false statement to this regard I can be fined or imprisoned.
___________________________________ ___________________________________
Date Petitioner
State of Ohio, County of _____________________________ss:
Sworn to or affirmed and signed before me on this ________________ by __________________ ____
Date Notary Public
My commission expires: ______________
NOTICE: Attach two (2) copies of the order sought to be registered with at least one of the orders being certified.
INSTRUCTIONS TO THE CLERK
Please serve a copy of this APPLICATION FOR REGISTRATION OF AN OUT-OF STATE ORDER to the individual(s)
listed in item number two (2) by certified U.S. mail.
NOTICE TO RECIPIENT
An application for registration of an out-of-state custody or visitation order has been filed with this court. The registered order
is enforceable in the same manner as a custody or visitation order issued by an Ohio court as of the date of registration. If you wish to
contest the validity of the registered custody or visitation order, you must request a hearing with this court within thirty (30) days
following service of this notice. If you fail to request a hearing to contest the registered custody or visitation order, then the order will be
confirmed by this court and you will be precluded from contesting the registration with respect to any matter that could have been
asserted.
4/11/05
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