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Section 3101.041 – Determination of consent

May 14, 2021 | Family Law, Ohio

In determining whether to file the consent under section 3101.04 of the Revised Code, the juvenile court shall do all of the following:

(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.

R.C. § 3101.041

Added by 132nd General Assembly File No. TBD, HB 511,§1, eff. 4/8/2019.