Legal Opinion · Dissent

Hardesty v. Hardesty

Ohio Court of Appeals

Decided April 26, 1984No. 83AP-532Published

1DissentWhiteside, J.

Since courts of concurrent jurisdiction are not involved, and since the Wood County Juvenile Court has both exhausted and abandoned its jurisdiction, I must respectfully dissent.

Pursuant to R.C. 2151.23(A)(2), a juvenile court has “exclusive original jurisdiction * * * [t]o determine the custody of any child not a ward of another court of this state.” Pursuant to R.C. 3105.21 and 3109.04(A), the court of common pleas, division of domestic relations, has ancillary custody jurisdiction in a divorce case. The common pleas court may certify the custody issue to the juvenile court. See R.C.…

2Cases cited3 opinions

  1. In Re CoreyOhio Supreme Court · 1945
  2. Patton v. PattonOhio Court of Appeals · 1963
  3. Anderson v. AndersonOhio Court of Appeals · 1965

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