Ohio Revised Code
Chapter 3109 | Children
Section 3109.76 | Determination of Custody After Notice of Revocation of Grandparent's Power of Attorney, Termination or Removal.

Effective: March 20, 2013
Latest Legislation: House Bill 279 - 129th General Assembly
(A) A grandparent who has physical custody of a child under a power of attorney, within fourteen days after the child's parent, guardian, or custodian gives written notice of revocation of the power of attorney to the grandparent and files a written notice of revocation of the power of attorney with the juvenile court or within fourteen days after removal of the child from the grandparent's home, may file a complaint under division (A)(2) of section 2151.23 or division (D) of section 2151.27 of the Revised Code seeking a determination of custody if the grandparent believes that the revocation or removal is not in the best interest of the child.
(B) A grandparent who has physical custody of a child under a caretaker authorization affidavit, within fourteen days after a parent, guardian, or custodian terminates the affidavit by delivering a written notice of negation, reversal, or disapproval of an action or decision of the grandparent or within fourteen days after removal of the child from the grandparent's home, may file a complaint under division (A)(2) of section 2151.23 or division (D) of section 2151.27 of the Revised Code seeking a determination of custody if the grandparent believes that the termination or removal is not in the best interest of the child.
(C) Pending a hearing and decision on a complaint filed under division (A) or (B) of this section, the juvenile court, in accordance with section 2151.33 of the Revised Code, may make any temporary disposition of any child that it considers necessary to protect the best interest of the child.
(D) If a parent, guardian, or custodian revokes a power of attorney or terminates a caretaker authorization affidavit, the grandparent may retain custody of the child until the fourteen-day period for filing a complaint under division (A) or (B) of this section has expired or, if the grandparent files a complaint, until the court orders otherwise.

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.