Read the full stored bill text
As Introduced
136th
General Assembly
Regular
Session
H. B. No. 256
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:
Sec.
3109.042.
(A)
An
There
is a rebuttable presumption that 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)
(B)(1)
A presumption under division (A) of this section is rebutted if the
natural father of the child establishes a parent and child
relationship by one of the methods described in section 3111.02 of
the Revised Code or upon the issuance of a lawfully executed birth
certificate that includes the name of the natural father.
(2)
Upon the rebuttal of a presumption under division (B)(1) of this
section and except as provided in division (B)(3) of this section,
all of the following apply without a judicial proceeding:
(a)
Both parents are equal residential parents of the child and therefore
have equal rights and responsibilities as it relates to parenting
time with the child.
(b)
The exchange of physical custody and parenting time schedule shall be
allocated upon agreement of the mother and father of the child.
(c)
The mother remains the sole legal custodian of the child.
(3)
Upon the rebuttal of a presumption under division (B)(1) of this
section, if the parents do not agree on an equal allocation of
physical custody of the child or either parent fails to exercise that
parent's rights and responsibilities under division (B)(2) of this
section, either parent may initiate a judicial proceeding in a court
of competent jurisdiction to determine the allocation of parental
rights and responsibilities.
(4)
Upon the initiation of a judicial proceeding under division (B)(3) of
this section, the court shall determine whether either parent failed
to undertake, or obstructed the other parent from exercising, the
rights and responsibilities provided in division (B)(2) of this
section.
(5)
If the court finds that either of the determinations under division
(B)(4) of this section is true, the court shall consider this finding
in its allocation of parental rights and responsibilities, in
addition to all other requirements and considerations provided in
section 3109.04 of the Revised Code.
(C)
For purposes of this section, full faith and credit shall be given to
a birth certificate that was lawfully executed, or a determination of
a parent and child relationship that was made, in accordance with the
laws of another state.
(D)
Notwithstanding
division (A)
or
(B)
of
this section, an unmarried female
or
male
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
or
legal
custodian of that child.
Section
2.
That
existing section 3109.042 of the Revised Code is hereby repealed.