September 22, 2025
OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research
and Drafting
Legislative Budget
Officewww.lsc.ohio.gov
H.B. 256
136th General Assembly
Bill Analysis
Click here for H.B. 256’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Williams and LaRe
Effective date:
Chenwei Zhang, Attorney
SUMMARY
▪ Limits to a rebuttable presumption the existing law designation of an unmarried female
who gives birth to a child as the sole residential parent and legal custodian of the child.
▪ Declares that presumption to be rebutted if the child’s natural father establishes paternity
or upon the issuance of a lawfully executed birth certificate that includes the father’s
name.
▪ Applies all of the following without a judicial proceeding upon the rebuttal of a
presumption:
Both parents are equal residential parents with equal rights and responsibilities as it
relates to parenting time;
The exchange of physical custody and parenting time schedule must be allocated
upon agreement of the mother and father;
The mother remains the sole legal custodian of the child.
▪ Allows either parent to initiate a court proceeding if they do not agree on an equal
allocation of physical custody or either parent fails to exercise that parent’s rights and
responsibilities.
▪ Prohibits an unmarried male who would otherwise be eligible to rebut a presumption
under the bill from being designated as a residential parent or legal custodian of a child if
he has been convicted of or pleaded guilty to rape or sexual battery and has been declared
to be the parent of the resulting child.
Office of Research and Drafting LSC Legislative Budget Office
P a g e | 2 H.B. 256
As Introduced
DETAILED ANALYSIS
Custody for unwed parents
The bill makes changes to the law regarding child custody for unwed parents. Under
existing law, an unmarried female who gives birth to a child is the sole residential parent and
legal custodian of that child until a court of competent jurisdiction issues an order designating
another person as the residential parent and legal custodian. The bill establishes this designation
as a rebuttable presumption.1 The presumption is rebutted if the child’s natural father establishes
paternity or upon the issuance of a lawfully executed birth certificate that includes the father’s
name.2 Under existing law, unchanged by the bill, paternity may be established by executing an
acknowledgment of paternity or through an administrative or judicial determination of
parentage.3 The bill requires that full faith and credit be given to a birth certificate or paternity
determination that was made in accordance with the laws of another state.4
Upon the rebuttal of a presumption, the bill requires that all of the following apply
without a judicial proceeding:
▪ Both parents are equal residential parents with equal rights and responsibilities as it
relates to parenting time with the child;
▪ The exchange of physical custody and parenting time schedule must be allocated upon
agreement of the mother and father of the child;
▪ The mother remains the sole legal custodian of the child.5
The bill allows either parent to file a court proceeding to determine the allocation of
parental rights and responsibilities if the parents do not agree on an equal allocation of physical
custody or if either parent fails to exercise that parent’s rights and responsibilities as described
in the bullet points above.6 If filed, the court must determine whether either parent failed to
undertake, or obstructed the other parent from exercising, those rights and responsibilities. If
the court finds this to be the case with either parent, the court must consider this finding in its
allocation of parental rights and responsibilities, in addition to all other requirements and
considerations under existing law.7
Finally, the bill creates an exception to the rights and responsibilities that stem from a
rebutted presumption. Under existing law, an unmarried female who has been convicted of or
1 R.C. 3109.042(A).
2 R.C. 3109.042(B)(1).
3 R.C. 3111.02, not in the bill.
4 R.C. 3109.042(C).
5 R.C. 3109.042(B)(2).
6 R.C. 3109.042(B)(3).
7 R.C. 3109.042(B)(4) and (5).
P a g e | 2 H.B. 256
As Introduced
DETAILED ANALYSIS
Custody for unwed parents
The bill makes changes to the law regarding child custody for unwed parents. Under
existing law, an unmarried female who gives birth to a child is the sole residential parent and
legal custodian of that child until a court of competent jurisdiction issues an order designating
another person as the residential parent and legal custodian. The bill establishes this designation
as a rebuttable presumption.1 The presumption is rebutted if the child’s natural father establishes
paternity or upon the issuance of a lawfully executed birth certificate that includes the father’s
name.2 Under existing law, unchanged by the bill, paternity may be established by executing an
acknowledgment of paternity or through an administrative or judicial determination of
parentage.3 The bill requires that full faith and credit be given to a birth certificate or paternity
determination that was made in accordance with the laws of another state.4
Upon the rebuttal of a presumption, the bill requires that all of the following apply
without a judicial proceeding:
▪ Both parents are equal residential parents with equal rights and responsibilities as it
relates to parenting time with the child;
▪ The exchange of physical custody and parenting time schedule must be allocated upon
agreement of the mother and father of the child;
▪ The mother remains the sole legal custodian of the child.5
The bill allows either parent to file a court proceeding to determine the allocation of
parental rights and responsibilities if the parents do not agree on an equal allocation of physical
custody or if either parent fails to exercise that parent’s rights and responsibilities as described
in the bullet points above.6 If filed, the court must determine whether either parent failed to
undertake, or obstructed the other parent from exercising, those rights and responsibilities. If
the court finds this to be the case with either parent, the court must consider this finding in its
allocation of parental rights and responsibilities, in addition to all other requirements and
considerations under existing law.7
Finally, the bill creates an exception to the rights and responsibilities that stem from a
rebutted presumption. Under existing law, an unmarried female who has been convicted of or
1 R.C. 3109.042(A).
2 R.C. 3109.042(B)(1).
3 R.C. 3111.02, not in the bill.
4 R.C. 3109.042(C).
5 R.C. 3109.042(B)(2).
6 R.C. 3109.042(B)(3).
7 R.C. 3109.042(B)(4) and (5).
Office of Research and Drafting LSC Legislative Budget Office
P a g e | 3 H.B. 256
As Introduced
pleaded guilty to rape or sexual battery and has been declared to be the parent of a child born
as a result of that rape or sexual battery cannot be the residential parent and legal custodian of
that child. The bill applies this prohibition to an unmarried male who would otherwise be eligible
to rebut a presumption under the bill.
HISTORY
Action Date
Introduced 05-06-25
ANHB0256IN-136/ar
P a g e | 3 H.B. 256
As Introduced
pleaded guilty to rape or sexual battery and has been declared to be the parent of a child born
as a result of that rape or sexual battery cannot be the residential parent and legal custodian of
that child. The bill applies this prohibition to an unmarried male who would otherwise be eligible
to rebut a presumption under the bill.
HISTORY
Action Date
Introduced 05-06-25
ANHB0256IN-136/ar