2006 Ohio Revised Code - [3109.04.1] 3109.041.Decrees issued prior to shared parenting provisions.

[§ 3109.04.1] § 3109.041. Decrees issued prior to shared parenting provisions.
 

(A)  Parties to any custody decree issued pursuant to section 3109.04 of the Revised Code prior to the effective date of this amendment may file a motion with the court that issued the decree requesting the issuance of a shared parenting decree in accordance with division (G) of section 3109.04 of the Revised Code. Upon the filing of the motion, the court shall determine whether to grant the parents shared rights and responsibilities for the care of the children in accordance with divisions (A), (D)(1), and (E)(1) of section 3109.04 of the Revised Code. 

(B)  A custody decree issued pursuant to section 3109.04 of the Revised Code prior to the effective date of this amendment that granted joint care, custody, and control of the children to the parents shall not be affected or invalidated by, and shall not be construed as being affected or invalidated by, the provisions of section 3109.04 of the Revised Code relative to the granting of a shared parenting decree or a decree allocating parental rights and responsibilities for the care of children on and after the effective date of this amendment. The decree issued prior to the effective date of this amendment shall remain in full force and effect, subject to modification or termination pursuant to section 3109.04 of the Revised Code as that section exists on and after the effective date of this amendment. 

(C)  As used in this section, "joint custody" and "joint care, custody, and control" have the same meaning as "shared parenting." 
 

HISTORY: 139 v H 71 (Eff 8-27-81); 139 v S 39 (Eff 3-15-82); 143 v S 3. Eff 4-11-91.

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