Ohio Code 3101.041 – Determining whether to file consent
In determining whether to file the consent under section 3101.04 of the Revised Code, the juvenile court shall do all of the following:
Terms Used In Ohio Code 3101.041
- Child: includes child by adoption. See Ohio Code 1.59
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- United States: includes all the states. See Ohio Code 1.59
(A) Consult with any of the following for each party to the intended marriage who is seventeen years of age:
(1) A parent;
(2) A surviving parent;
(3) A parent who is designated the residential parent and legal custodian by a court of competent jurisdiction;
(4) A guardian;
(5) Either of the following who has been awarded permanent custody by a court exercising juvenile jurisdiction:
(a) An adult person;
(b) The department of job and family services or any child welfare organization certified by the department.
(B) Appoint an attorney as guardian ad litem for each party to the intended marriage who is seventeen years of age ;
(C) Determine all of the following:
(1) Each party to the intended marriage who is seventeen years of age has entered the armed services of the United States, has become employed and self-subsisting, or has otherwise become independent from the care and control of the party’s parent, guardian, or custodian.
(2) For each party to the intended marriage who is seventeen years of age, the decision of that party to marry is free from force or coercion.
(3) The intended marriage and the emancipation under section 3101.042 of the Revised Code is in the best interests of each party to the intended marriage who is seventeen years of age.
Last updated May 6, 2021 at 12:38 PM