Ohio Revised Code
Chapter 3109 | Children
Section 3109.19 | Parentage or Support Action Brought by Grandparent Who Is Providing Support to Child Born to Unmarried and Unemancipated Minors.

Effective: March 22, 2001
Latest Legislation: Senate Bill 180 - 123rd General Assembly
(A) As used in this section, "minor" has the same meaning as in section 3107.01 of the Revised Code.
(B)(1) If a child is born to parents who are unmarried and unemancipated minors, a parent of one of the minors is providing support for the minors' child, and the minors have not signed an acknowledgment of paternity or a parent and child relationship has not been established between the child and the male minor, the parent who is providing support for the child may request a determination of the existence or nonexistence of a parent and child relationship between the child and the male minor pursuant to Chapter 3111. of the Revised Code.
(2) If a child is born to parents who are unmarried and unemancipated minors, a parent of one of the minors is providing support for the child, and the minors have signed an acknowledgment of paternity that has become final pursuant to section 2151.232, 3111.25, or 3111.821 of the Revised Code or a parent and child relationship has been established between the child and the male minor pursuant to Chapter 3111. of the Revised Code, the parent who is providing support for the child may file a complaint requesting that the court issue an order or may request the child support enforcement agency of the county in which the child resides to issue an administrative order requiring all of the minors' parents to pay support for the child.
(C)(1) On receipt of a complaint filed under division (B)(2) of this section, the court shall schedule a hearing to determine, in accordance with Chapters 3119., 3121., 3123., and 3125. of the Revised Code, the amount of child support the minors' parents are required to pay, the method of paying the support, and the method of providing for the child's health care needs. On receipt of a request under division (B)(2) of this section, the agency shall schedule a hearing to determine, in accordance with Chapters 3119., 3121., 3123., and 3125. of the Revised Code, the amount of child support the minors' parents are required to pay, the method of paying the support, and the method of providing for the child's health care needs. At the conclusion of the hearing, the court or agency shall issue an order requiring the payment of support of the child and provision for the child's health care needs. The court or agency shall calculate the child support amount using the income of the minors' parents instead of the income of the minors. If any of the minors' parents are divorced, the court or agency shall calculate the child support as if they were married, and issue a child support order requiring the parents to pay a portion of any support imposed as a separate obligation. If a child support order issued pursuant to section 2151.23, 2151.231, 2151.232, 3111.13, or 3111.81 of the Revised Code requires one of the minors to pay support for the child, the amount the minor is required to pay shall be deducted from any amount that minor's parents are required to pay pursuant to an order issued under this section. The hearing shall be held not later than sixty days after the day the complaint is filed or the request is made nor earlier than thirty days after the court or agency gives the minors' parents notice of the action.
(2) An order issued by an agency for the payment of child support shall include a notice stating all of the following: that the parents of the minors may object to the order by filing a complaint pursuant to division (B)(2) of this section with the court requesting that the court issue an order requiring the minors' parents to pay support for the child and provide for the child's health care needs; that the complaint may be filed no later than thirty days after the date of the issuance of the agency's order; and that, if none of the parents of the minors file a complaint pursuant to division (B)(2) of this section, the agency's order is final and enforceable by a court and may be modified and enforced only in accordance with Chapters 3119., 3121., 3123., and 3125. of the Revised Code.
(D) An order issued by a court or agency under this section shall remain in effect, except as modified pursuant to Chapters 3119., 3121., 3123., and 3125. of the Revised Code until the occurrence of any of the following:
(1) The minor who resides with the parents required to pay support under this section reaches the age of eighteen years, dies, marries, enlists in the armed services, is deported, gains legal or physical custody of the child, or is otherwise emancipated.
(2) The child who is the subject of the order dies, is adopted, is deported, or is transferred to the legal or physical custody of the minor who lives with the parents required to pay support under this section.
(3) The minor's parents to whom support is being paid pursuant to this section is no longer providing any support for the child.
(E) The minor's parents to whom support is being paid under a child support order issued by a court or agency pursuant to this section shall notify, and the minor's parents who are paying support may notify the child support enforcement agency of the occurrence of any event described in division (D) of this section. A willful failure to notify the agency as required by this division is contempt of court with respect to a court child support order. Upon receiving notification pursuant to this division, the agency shall comply with sections 3119.90 to 3119.94 of the Revised Code.

Structure Ohio Revised Code

Ohio Revised Code

Title 31 | Domestic Relations-Children

Chapter 3109 | Children

Section 3109.01 | Age of Majority.

Section 3109.011 | Capacity of Person Given Consent to Marry.

Section 3109.02 | Exception for Veterans.

Section 3109.03 | Equality of Parental Rights and Responsibilities.

Section 3109.04 | Allocating Parental Rights and Responsibilities for Care of Children - Shared Parenting.

Section 3109.041 | Custody Decrees Issued Prior to Shared Parenting Provisions.

Section 3109.042 | Custody Rights of Unmarried Mother.

Section 3109.043 | Temporary Custody Order While Action Pending.

Section 3109.05 | Child Support Determinations.

Section 3109.051 | Parenting Time - Companionship or Visitation Rights.

Section 3109.052 | Mediation of Differences as to Allocating Parental Rights and Responsibilities.

Section 3109.053 | Parenting Classes or Counseling.

Section 3109.06 | Certification to Juvenile Court.

Section 3109.061 | Construction of Sections 2151.233 to 2151.236.

Section 3109.07 | Appeals.

Section 3109.09 | Liability of Parents for Willful Damage of Property or Theft by Their Children.

Section 3109.10 | Liability of Parents for Willful and Malicious Assaults by Their Children.

Section 3109.11 | Companionship or Visitation Rights for Parents or Other Relatives of Deceased Mother or Father.

Section 3109.12 | Mother Unmarried - Parenting Time, Companionship or Visitation Rights.

Section 3109.13 | Prevention of Child Abuse and Child Neglect Definitions.

Section 3109.14 | Fees for Vital Statistics Records.

Section 3109.15 | Children's Trust Fund Board.

Section 3109.16 | Powers of the Board.

Section 3109.17 | Biennial State Plan for Comprehensive Child Abuse and Child Neglect Prevention.

Section 3109.171 | Child Abuse and Child Neglect Prevention Regions.

Section 3109.172 | Child Abuse and Child Neglect Regional Prevention Councils.

Section 3109.173 | Regional Prevention Coordinator.

Section 3109.174 | Submission of Regional Prevention Plan.

Section 3109.175 | Evaluation of Plans.

Section 3109.176 | Denial or Reduction of Funding.

Section 3109.177 | Primary Prevention Strategies.

Section 3109.178 | Requests for Start-Up Costs.

Section 3109.179 | Rules.

Section 3109.19 | Parentage or Support Action Brought by Grandparent Who Is Providing Support to Child Born to Unmarried and Unemancipated Minors.

Section 3109.401 | State Policy on Parent and Child Relationship.

Section 3109.41 | Parent Killing Other Parent Definitions.

Section 3109.42 | Ineligibility for Custody of Parent Killing Other Parent.

Section 3109.43 | Ineligibility for Visitation Rights of Parent Killing Other Parent.

Section 3109.44 | Notice by Court Where Parent Convicted of Killing Other Parent.

Section 3109.45 | Termination of Visitation Order Upon Receipt of Notice.

Section 3109.46 | Termination of Custody Order Upon Receipt of Notice.

Section 3109.47 | Custody or Visitation Granted to Surviving Parent.

Section 3109.48 | Visit to Surviving Parent With Child Present.

Section 3109.50 | Definitions.

Section 3109.501 | Children Conceived as Result of Rape or Sexual Battery; Declaration of Paternity.

Section 3109.502 | Continuation of Declaration of Paternity Proceedings During Criminal Proceedings.

Section 3109.503 | Notice of Parental Rights.

Section 3109.504 | Granting of Parental Rights Prohibited.

Section 3109.505 | Consolidation of Actions.

Section 3109.506 | Rights of Relatives.

Section 3109.507 | Revocation or Modification of Order.

Section 3109.51 | Definitions.

Section 3109.52 | Power of Attorney for Residential Grandparent.

Section 3109.53 | Form of Power of Attorney for Residential Grandparent.

Section 3109.54 | Signatures - Notarization.

Section 3109.55 | Notice of Creation of Power of Attorney.

Section 3109.56 | Requirements for Creating Power of Attorney.

Section 3109.57 | Further Requirements for Creating Power of Attorney.

Section 3109.58 | Pending Proceedings May Preclude Creation of Power of Attorney.

Section 3109.59 | Termination of Power of Attorney.

Section 3109.60 | Notice of Termination.

Section 3109.61 | Immunity.

Section 3109.62 | Military Power of Attorney.

Section 3109.65 | Caretaker Authorization Affidavit.

Section 3109.66 | Form of Caretaker Authorization Affidavit.

Section 3109.67 | Execution of Affidavit.

Section 3109.68 | Pending Proceedings May Preclude Creation of Affidavit.

Section 3109.69 | Limitations on Authority Granted by Affidavit.

Section 3109.70 | Termination of Affidavit.

Section 3109.71 | Notice of Termination.

Section 3109.72 | Negation of Actions Taken Under Caretaker Authorization Affidavit.

Section 3109.73 | Immunity.

Section 3109.74 | Filing With Court.

Section 3109.75 | Verification of Filing.

Section 3109.76 | Determination of Custody After Notice of Revocation of Grandparent's Power of Attorney, Termination or Removal.

Section 3109.78 | Purpose May Void Power or Affidavit.

Section 3109.79 | Child Support Order Unaffected by Power or Affidavit.

Section 3109.80 | Only One Power or Affidavit May Be in Effect at a Time.