In re E.G., 2013 Ohio 495

Mother filed a complaint to establish parent-child relationship in Ohio Juvenile Court (Feb. 27, 2012).
Father filed a Virginia custody petition (Mar. 20, 2012) and later moved to dismiss Ohio action (Mar. 30, 2012).
Trial court sua sponte dismissed Ohio action under UCCJEA after consulting Virginia judge, to proceed in Virginia.
Judge found Virginia the home state, citing paternity acknowledgment and expediency to finalize before school start.
Court dismissed mother’s complaint; mother moved for reconsideration and demanded an evidentiary hearing; appellate court reversed and remanded for an evidentiary hearing to determine home state.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by ruling under UCCJEA without an evidentiary hearing.	Mother argues disputes exist about where children lived; thus, hearing required.	Father contends Virginia was the home state based on factual circumstances.	Yes; judgment reversed and remanded for evidentiary hearing.
Whether Ohio retained home-state jurisdiction given disputed facts on residency.	Ohio was the home state because children lived there with mother since birth.	Virginia was the home state because children lived there for six months prior to the Ohio action.	Remand to determine actual home state; either Ohio or Virginia could be home state based on facts.
Whether the trial court relied on best-interests discussions, which are inapplicable to initial jurisdiction.	Court improperly considered best interests in the jurisdictional inquiry.	Not explicitly addressed in the record aside from dialogue with Virginia judge.	Sustained; best-interests discussion is not part of initial jurisdiction under UCCJEA.

Rosen v. Celebrezze, 117 Ohio St.3d 241 (2008-Ohio-853) (home-state priority under the UCCJEA; eliminates best-interest in initial inquiry)
In re Palmer, 12 Ohio St.3d 194 (1984) (six-month home-state determination; four-factor framework for jurisdiction)