Ohio § 3127.40
Full text of Ohio Ohio Revised Code § 3127.40, with citation guidance and answers to common questions.
§ 3127.40.
(A) Unless the court issues a temporary emergency order pursuant to section 3127.18 of the Revised Code , upon a finding that a petitioner is entitled to immediate physical custody of the
child, the court shall order that the petitioner may take immediate physical custody
of the child unless the respondent establishes either of the following: (1) That the child custody determination has not been registered and confirmed under section 3127.35 of the Revised Code and that one of the following circumstances applies: (a) The issuing court did not have jurisdiction under sections 3127.15 to 3127.24 of the Revised Code or a similar statute of another state. (b) The child custody determination for which enforcement is sought has been vacated,
stayed, or modified by a court of a state having jurisdiction to do so under sections 3127.15 to 3127.24 of the Revised Code or a similar statute of another state. (c) The respondent was entitled to notice of the child custody proceeding for which enforcement
is sought, but notice was not given in accordance with the standards of section 3127.07 of the Revised Code or a similar statute of another state. (2) That the child custody determination for which enforcement is sought was registered
and confirmed under section 3127.35 of the Revised Code but has been vacated, stayed, or modified by a court of a state having jurisdiction
to do so under sections 3127.15 to 3127.24 of the Revised Code or a similar statute of another state. (B) The court shall award the fees, costs, and expenses authorized under section 3127.42 of the Revised Code , and may grant additional relief, including a request for the assistance of law enforcement
officials, and shall set a further hearing to determine whether the additional relief
is appropriate. (C) If a party called to testify in a proceeding to enforce a child custody determination
refuses to answer on the basis that the testimony may be self-incriminating, the court
may draw an adverse inference from the refusal. (D) A privilege against disclosure of communications between spouses and a defense of
immunity based on the relationship of husband and wife or parent and child may not
be invoked in a proceeding under this chapter.
Frequently Asked Questions About Ohio § 3127.40
What does Ohio Revised Code § 3127.40 cover?
Section 3127.40 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 3127.40?
A common citation format is "Ohio Revised Code § 3127.40" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 3127.40 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.