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.