As Introduced
136th General Assembly
Regular Session H. B. No. 256
2025-2026
Representatives Williams, LaRe
A B I L L
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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
H. B. No. 256 Page 2
As Introduced
(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
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
As Introduced
(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
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
H. B. No. 256 Page 3
As Introduced
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.
49
50
51
52
53
54
55
56
57
58
59
60
61
As Introduced
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.
49
50
51
52
53
54
55
56
57
58
59
60
61