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Ohio Statutes, Title 31

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Ohio/Statutes

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Title 31, Title 31. Domestic Relations-Children

15 chapters · 879 sections in this title.

All chapters in Title 31879 Ch 3119, Chapter 3119 | Calculation Of Child …127 Ch 3123, Chapter 3123 | Defaults Under Child …116 Ch 3121, Chapter 3121 | Collection and Disbur…95 Ch 3111, Chapter 3111 | Parentage90 Ch 3107, Chapter 3107 | Adoption81 Ch 3109, Chapter 3109 | Children81 Ch 3115, Chapter 3115 | Uniform Interstate Fa…78 Ch 3105, Chapter 3105 | Divorce, Alimony, Ann…52 Ch 3125, Chapter 3125 | Title IV-D Child Supp…47 Ch 3127, Chapter 3127 | Uniform Child Custody…41 Ch 3113, Chapter 3113 | Neglect, Abandonment,…30 Ch 3101, Chapter 3101 | Marriage18 Ch 3103, Chapter 3103 | Husband And Wife9 Ch 3117, Chapter 3117 | Conciliation Of Marit…8

879 sections·Filtered byTitle 31✕

Ohio Rev. Code Ann. § 3109.43 Ineligibility for visitation rights of parent killing other parent
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Except as provided in section 3109.47 of the Revised Code, if a parent is convicted of killing the other parent of a child, no court shall issue a visitation order granting the parent visitation rights with the child.
Ohio Rev. Code Ann. § 3109.44 Notice by court where parent convicted of killing other parent
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Upon receipt of notice that a visitation order is pending or has been issued granting a parent visitation rights with a child or a custody order is pending or has been issued designating a parent as the residential parent and legal custodian of a child or granting custody of a ch…
Ohio Rev. Code Ann. § 3109.45 Termination of visitation order upon receipt of notice
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On receipt of notice under section 3109.44 of the Revised Code, a court that issued a visitation order described in that section shall terminate the order.
Ohio Rev. Code Ann. § 3109.46 Termination of custody order upon receipt of notice
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If the court to which notice is sent under section 3109.44 of the Revised Code is a juvenile court that issued a custody order described in that section, the court shall retain jurisdiction over the order. If the court to which notice is sent is not a juvenile court but the court…

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Ohio Rev. Code Ann. § 3109.47 Custody or visitation granted to surviving parent

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(A) A court may do one of the following with respect to a parent convicted of killing the other parent of a child if the court determines, by clear and convincing evidence, that it is in the best interest of the child and the child consents:(1) Issue a custody order designating t…

Ohio Rev. Code Ann. § 3109.48 Visit to surviving parent with child present

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No person, with the child of the parent present, shall visit the parent who has been convicted of killing the child's other parent unless a court has issued an order granting the parent visitation rights with the child and the child's custodian or legal guardian consents to the v…

Ohio Rev. Code Ann. § 3109.50 Definitions

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As used in sections 3109.501 to 3109.507 of the Revised Code: (A) "Parental rights" means parental rights and responsibilities, parenting time, or any other similar right established by the laws of this state with respect to a child. "Parental rights" does not include the parenta…

Ohio Rev. Code Ann. § 3109.501 Children conceived as result of rape or sexual battery; declaration of paternity

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(A) Except as provided in division (C) and subject to division (D) of this section, a person who is the victim of rape or sexual battery for which a child was conceived as a result may bring an action to declare the person who was convicted of or pleaded guilty to the offense to …

Ohio Rev. Code Ann. § 3109.502 Continuation of declaration of paternity proceedings during criminal proceedings

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An action under section 3109.501 of the Revised Code shall be continued until the court renders a judgment and all appeals have been exhausted in the criminal proceedings regarding the charge of rape or sexual battery that is the basis of the action. On the final disposition of t…

Ohio Rev. Code Ann. § 3109.503 Notice of parental rights

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(A) A person who brings an action under division (A) of section 3109.501 of the Revised Code seeking a declaration that another person is the parent of a child conceived as a result of rape or sexual battery committed by the other person shall notify the court in which the action…

Ohio Rev. Code Ann. § 3109.504 Granting of parental rights prohibited

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(A) No court shall issue an order granting parental rights with respect to a child to a person who has been convicted of or pleaded guilty to rape or sexual battery and has been declared, in an action or proceeding under section 3109.501 or 3109.505 of the Revised Code regarding …

Ohio Rev. Code Ann. § 3109.505 Consolidation of actions

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Any action described in section 3109.501 of the Revised Code may be consolidated with any action or proceeding for parental rights regarding a child conceived as a result of rape or sexual battery.

Ohio Rev. Code Ann. § 3109.506 Rights of relatives

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A relative of a person whose parental rights with that person's child have been terminated, denied, or limited pursuant to sections 3109.50 to 3109.505 of the Revised Code may be granted only those rights consented to by the other parent of the child.

Ohio Rev. Code Ann. § 3109.507 Revocation or modification of order

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(A) If a court issues an order under section 3109.501 of the Revised Code declaring a person to be the parent of a child conceived as a result of rape or sexual battery committed by the person, no court shall revoke or modify the order or the resulting denial, termination, or lim…

Ohio Rev. Code Ann. § 3109.51 Definitions

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As used in sections 3109.52 to 3109.80 of the Revised Code:(A) "Child" means a person under eighteen years of age.(B) "Custodian" means an individual with legal custody of a child.(C) "Guardian" means an individual granted authority by a probate court pursuant to Chapter 2111. of…

Ohio Rev. Code Ann. § 3109.52 Power of attorney for residential grandparent

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The parent, guardian, or custodian of a child may create a power of attorney that grants to a grandparent of the child with whom the child is residing any of the parent's, guardian's, or custodian's rights and responsibilities regarding the care, physical custody, and control of …

Ohio Rev. Code Ann. § 3109.53 Form of power of attorney for residential grandparent

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To create a power of attorney under section 3109.52 of the Revised Code, a parent, guardian, or custodian shall use a form that is identical in form and content to the following: POWER OF ATTORNEY I, the undersigned, residing at ___________, in the county of __________, state of …

Ohio Rev. Code Ann. § 3109.54 Signatures - notarization

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A power of attorney created pursuant to section 3109.52 of the Revised Code must be signed by the parent, guardian, or custodian granting it and by the grandparent designated as the attorney in fact. For the power of attorney to be effective, the signatures must be notarized. The…

Ohio Rev. Code Ann. § 3109.55 Notice of creation of power of attorney

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(A) A person who creates a power of attorney under section 3109.52 of the Revised Code shall send notice of the creation to the parent of the child who is not the residential parent and legal custodian of the child unless one of the following is the case:(1) The parent is prohibi…

Ohio Rev. Code Ann. § 3109.56 Requirements for creating power of attorney

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When a parent seeks to create a power of attorney pursuant to section 3109.52 of the Revised Code, all of the following apply:(A) The power of attorney shall be executed by both parents if any of the following apply:(1) The parents are married to each other and are living as husb…

Ohio Rev. Code Ann. § 3109.57 Further requirements for creating power of attorney

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(A) Except as provided in division (B) of this section and subject to sections 3109.56 and 3109.58 of the Revised Code, a parent, guardian, or custodian may create a power of attorney under section 3109.52 of the Revised Code only under the following circumstances:(1) The parent,…

Ohio Rev. Code Ann. § 3109.58 Pending proceedings may preclude creation of power of attorney

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(A) As used in this section, "temporary custody," "permanent custody," and "planned permanent living arrangement" have the same meanings as in section 2151.011 of the Revised Code.(B) A power of attorney created pursuant to section 3109.52 of the Revised Code may not be executed …

Ohio Rev. Code Ann. § 3109.59 Termination of power of attorney

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(A) A power of attorney created under section 3109.52 of the Revised Code terminates on the occurrence of whichever of the following events occurs first: (1) The power of attorney is revoked in writing by the person who created it, and that person gives written notice of the revo…

Ohio Rev. Code Ann. § 3109.60 Notice of termination

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When a power of attorney created pursuant to section 3109.52 of the Revised Code terminates pursuant to division (A)(1), (2), (3), or (4) of section 3109.59 of the Revised Code, the grandparent designated as the attorney in fact shall notify, in writing, all of the following: (A)…

Ohio Rev. Code Ann. § 3109.61 Immunity

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A person who, in good faith, relies on or takes action in reliance on a power of attorney created under section 3109.52 of the Revised Code is immune from any criminal or civil liability for injury, death, or loss to persons or property that might otherwise be incurred or imposed…

Ohio Rev. Code Ann. § 3109.62 Military power of attorney

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A military power of attorney executed pursuant to section 574(a) of the "National Defense Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10 U.S.C. 1044b, that grants a person's rights and responsibilities regarding the care, custody, and control of the person's c…

Ohio Rev. Code Ann. § 3109.65 Caretaker authorization affidavit

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(A) Except as provided in division (B) of this section, if a child is living with a grandparent who has made reasonable attempts to locate and contact both of the child's parents, or the child's guardian or custodian, but has been unable to do so, the grandparent may obtain autho…

Ohio Rev. Code Ann. § 3109.66 Form of caretaker authorization affidavit

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The caretaker authorization affidavit that a grandparent described in section 3109.65 of the Revised Code may execute shall be identical in form and content to the following: CARETAKER AUTHORIZATION AFFIDAVIT Use of this affidavit is authorized by sections 3109.65 to 3109.73 of t…

Ohio Rev. Code Ann. § 3109.67 Execution of affidavit

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A caretaker authorization affidavit described in section 3109.66 of the Revised Code is executed when the affidavit is completed, signed by a grandparent described in section 3109.65 of the Revised Code, and notarized.

Ohio Rev. Code Ann. § 3109.68 Pending proceedings may preclude creation of affidavit

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(A) As used in this section, "temporary custody," "permanent custody," and "planned permanent living arrangement" have the same meanings as in section 2151.011 of the Revised Code.(B) A caretaker authorization affidavit may not be executed with respect to a child while any of the…

Ohio Rev. Code Ann. § 3109.69 Limitations on authority granted by affidavit

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Once a caretaker authorization affidavit has been executed under section 3109.67 of the Revised Code, the grandparent may exercise care, physical custody, and control of the child, including enrolling the child in school, discussing with the school district the child's educationa…

Ohio Rev. Code Ann. § 3109.70 Termination of affidavit

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An executed caretaker authorization affidavit shall terminate on the occurrence of whichever of the following comes first: (A) The child ceases to reside with the grandparent.(B) The parent, guardian, or custodian of the child who is the subject of the affidavit acts, in accordan…

Ohio Rev. Code Ann. § 3109.71 Notice of termination

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When a caretaker authorization affidavit terminates pursuant to division (A), (B), (C), or (D) of section 3109.70 of the Revised Code, the grandparent shall notify, in writing, the school district in which the child attends school, the child's health care providers, the child's h…

Ohio Rev. Code Ann. § 3109.72 Negation of actions taken under caretaker authorization affidavit

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The parent, guardian, or custodian of a child may negate, reverse, or otherwise disapprove any action taken or decision made pursuant to a caretaker authorization affidavit unless negation, reversal, or disapproval would jeopardize the life, health, or safety of the child. A pare…

Ohio Rev. Code Ann. § 3109.73 Immunity

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A person who, in good faith, relies on or takes action in reliance on a caretaker authorization affidavit is immune from any criminal or civil liability for injury, death, or loss to persons or property that might otherwise be incurred or imposed solely as a result of the relianc…

Ohio Rev. Code Ann. § 3109.74 Filing with court

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(A) A person who creates a power of attorney under section 3109.52 of the Revised Code or executes a caretaker authorization affidavit under section 3109.67 of the Revised Code shall file the power of attorney or affidavit with the juvenile court of the county in which the grandp…

Ohio Rev. Code Ann. § 3109.75 Verification of filing

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On the request of the person in charge of admissions of a school or a person described under division (A)(1)(b) of section 2151.421 of the Revised Code, the court in which the power of attorney or caretaker authorization affidavit was filed shall verify whether a power of attorne…

Ohio Rev. Code Ann. § 3109.76 Determination of custody after notice of revocation of grandparent's power of attorney, termination or removal

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(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 po…

Ohio Rev. Code Ann. § 3109.78 Purpose may void power or affidavit

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(A) No person shall create a power of attorney under section 3109.52 of the Revised Code or execute a caretaker authorization affidavit under section 3109.67 of the Revised Code for the purpose of enrolling the child in a school or school district so that the child may participat…

Ohio Rev. Code Ann. § 3109.79 Child support order unaffected by power or affidavit

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As used in this section, "administrative child support order" and "court child support order" have the same meanings as in section 3119.01 of the Revised Code.A power of attorney created under section 3109.52 of the Revised Code or a caretaker authorization affidavit executed und…

Ohio Rev. Code Ann. § 3109.80 Only one power or affidavit may be in effect at a time

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Only one power of attorney created under section 3109.52 of the Revised Code or one caretaker authorization executed under section 3109.67 of the Revised Code may be in effect for a child at one time.

Ohio Rev. Code Ann. § 3111.01 Parent and child relationship defined

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(A)(1) As used in sections 3111.01 to 3111.85 of the Revised Code, "parent and child relationship" means the legal relationship that exists between a child and the child's natural or adoptive parents and upon which those sections and any other provision of the Revised Code confer…

Ohio Rev. Code Ann. § 3111.02 Establishing parent and child relationship

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(A) The parent and child relationship between a child and the child's natural mother may be established by proof of her having given birth to the child or pursuant to sections 3111.01 to 3111.18 or 3111.20 to 3111.85 of the Revised Code. The parent and child relationship between …

Ohio Rev. Code Ann. § 3111.03 Presumption of paternity

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(A) A man is presumed to be the natural father of a child under any of the following circumstances:(1) The man and the child's mother are or have been married to each other, and the child is born during the marriage or is born within three hundred days after the marriage is termi…

Ohio Rev. Code Ann. § 3111.04 Standing to bring paternity action

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(A)(1) Except as provided in division (A)(2) of this section, an action to determine the existence or nonexistence of the father and child relationship may be brought by the child or the child's personal representative, the child's caretaker, the child's mother or her personal re…

Ohio Rev. Code Ann. § 3111.041 Caretaker authorization of genetic testing

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A caretaker of a child may authorize genetic testing of the child pursuant to any action or proceeding under Chapter 3111. of the Revised Code. Last updated October 4, 2023 at 5:38 PM

Ohio Rev. Code Ann. § 3111.05 Statute of limitations

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An action to determine the existence or nonexistence of the father and child relationship may not be brought later than five years after the child reaches the age of eighteen. Neither section 3111.04 of the Revised Code nor this section extends the time within which a right of in…

Ohio Rev. Code Ann. § 3111.06 Jurisdiction of courts - personal jurisdiction

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(A) Except as otherwise provided in division (B), (C), or (D) of section 3111.381 of the Revised Code, an action authorized under sections 3111.01 to 3111.18 of the Revised Code may be brought in the juvenile court or other court with jurisdiction under section 2101.022 or 2301.0…

Ohio Rev. Code Ann. § 3111.07 Parties to action - intervention

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(A) The natural mother, each man presumed to be the father under section 3111.03 of the Revised Code, each man alleged to be the natural father, and a caretaker of a child shall be made parties to the action brought pursuant to sections 3111.01 to 3111.18 of the Revised Code or, …

Ohio Rev. Code Ann. § 3111.08 Rules of Civil Procedure govern action

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(A) An action brought pursuant to sections 3111.01 to 3111.18 of the Revised Code to declare the existence or nonexistence of the father and child relationship is a civil action and shall be governed by the Rules of Civil Procedure unless a different procedure is specifically pro…