What You File In A Custody Case
ORC 3127.23 and 3109.04(G) — the sworn history of the child, and the plan a shared parenting request brings with it
Every party files the same sworn history of the child. In the first pleading, or in an affidavit attached to it, each party gives under oath, where it is reasonably ascertainable, the child's present address or whereabouts, the places the child has lived within the last five years, and the name and present address of each person the child lived with in that time.
- Whether the party has taken part, as a party, a witness or in any other way, in another case about the custody of or visitation with the same child, and if so the court, the case number and the date of any decision.
- Whether the party knows of any case that could affect this one, including enforcement of a custody order, domestic violence or protection orders, abuse, neglect or dependency cases, termination of parental rights, and adoptions.
- Whether the party knows of anyone outside the case who has physical custody of the child or claims custody, parenting time or visitation rights, and if so their names and addresses.
The duty keeps running after the filing. Each party has a continuing duty to tell the court about any custody case concerning the child, in Ohio or any other state, that could affect the current one. Where a party answers yes to any of those three questions, the court may require more information, and may examine the parties under oath about it.
An address that would put someone at risk can be sealed. Where a party alleges in an affidavit or a pleading under oath that disclosing identifying information would jeopardise the health, safety or liberty of a party or a child, the information shall be sealed. It is not disclosed to the other party or the public unless the court orders it after a hearing that weighs that health, safety and liberty and finds disclosure in the interests of justice.
A request for shared parenting brings a plan with it. A parent who files a pleading or motion asking for shared parenting also files a plan for it, and where only one parent has filed a plan, the other files one as the court orders. In a dissolution the plan is filed with the petition. In other cases it is filed at least thirty days before the hearing on parental rights and responsibilities.
- The plan covers every factor relevant to the children's care, including where they live, child support, medical and dental care, school placement, and which parent they are with on legal holidays, school holidays and other days of special importance.
- To turn an existing decree that is not a shared parenting decree into shared parenting, the motion includes both a request to modify the prior decree and a request for a shared parenting order with a plan.
The forms a domestic relations or juvenile court uses, its local rules on filing and service, and the court rules on motions generally are set by each court and by the rules of court, not by these two sections. What the court does with the sworn information, and which state's court has the case, run under the other uniform custody sections. A licensed Ohio attorney reads a specific case.
Sources for this section (2)
- ORC 3127.23 — The sworn information each party gives in a custody case
- ORC 3109.04 — Allocating parental rights and responsibilities, and the best interest of the child
Legal information, not legal advice. Verified as of September 2026. Talk to a licensed Ohio attorney about your situation.