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2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.51 | Definitions.

Effective:
July 20, 2004
Latest Legislation:
House Bill 130 - 125th General Assembly
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 the Revised Code to exercise parental rights over a child to the extent provided in the court's order and subject to the residual parental rights, privileges, and responsibilities of the child's parents.
(D) "Legal custody" and "residual parental rights, privileges, and responsibilities" have the same meanings as in section 2151.011 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.52 | Power of Attorney for Residential Grandparent.

Effective:
July 20, 2004
Latest Legislation:
House Bill 130 - 125th General Assembly
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 the child, including the ability to enroll the child in school, to obtain from the school district educational and behavioral information about the child, to consent to all school-related matters regarding the child, and to consent to medical, psychological, or dental treatment for the child. The power of attorney may not grant authority to consent to the marriage or adoption of the child. The power of attorney does not affect the rights of the parent, guardian, or custodian of the child in any future proceeding concerning custody of the child or the allocation of parental rights and responsibilities for the care of the child and does not grant legal custody to the attorney in fact.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.54 | Signatures - Notarization.

Effective:
July 20, 2004
Latest Legislation:
House Bill 130 - 125th General Assembly
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 child's social security number need not appear on the power of attorney for the power of attorney to be effective.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.55 | Notice of Creation of Power of Attorney.

Effective:
July 20, 2004
Latest Legislation:
House Bill 130 - 125th General Assembly
(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 prohibited from receiving a notice of relocation in accordance with section 3109.051 of the Revised Code.
(2) The parent's parental rights have been terminated by order of a juvenile court pursuant to Chapter 2151. of the Revised Code.
(3) The parent cannot be located with reasonable efforts.
(4) The power of attorney is being created by both parents.
(B) The notice shall be sent by certified mail not later than five days after the power of attorney is created. The notice shall state the name and address of the person designated as the attorney in fact.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.56 | Requirements for Creating Power of Attorney.

Effective:
July 20, 2004
Latest Legislation:
House Bill 130 - 125th General Assembly
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 husband and wife.
(2) The child is the subject of a shared parenting order issued pursuant to section 3109.04 of the Revised Code.
(3) The child is the subject of a custody order issued pursuant to section 3109.04 of the Revised Code unless one of the following is the case:
(a) The parent who is not the residential parent and legal custodian is prohibited from receiving a notice of relocation in accordance with section 3109.051 of the Revised Code.
(b) The parental rights of the parent who is not the residential parent and legal custodian have been terminated by order of a juvenile court pursuant to Chapter 2151. of the Revised Code.
(c) The parent who is not the residential parent and legal custodian cannot be located with reasonable efforts.
(B) In all other cases, the power of attorney may be executed only by one of the following persons:
(1) The parent who is the residential parent and legal custodian of the child, as determined by court order or as provided in section 3109.042 of the Revised Code;
(2) The parent with whom the child is residing the majority of the school year in cases in which no court has issued an order designating a parent as the residential parent and legal custodian of the child or section 3109.042 of the Revised Code is not applicable.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.57 | Further Requirements for Creating Power of Attorney.

Effective:
July 20, 2004
Latest Legislation:
House Bill 130 - 125th General Assembly
(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, guardian, or custodian of the child is any of the following:
(a) Seriously ill, incarcerated, or about to be incarcerated;
(b) Temporarily unable to provide financial support or parental guidance to the child;
(c) Temporarily unable to provide adequate care and supervision of the child because of the parent's, guardian's, or custodian's physical or mental condition;
(d) Homeless or without a residence because the current residence is destroyed or otherwise uninhabitable;
(e) In or about to enter a residential treatment program for substance abuse.
(2) The parent, guardian, or custodian of the child has a well-founded belief that the power of attorney is in the child's best interest.
(B) In addition to the circumstances described in division (A) of this section and subject to sections 3109.56 and 3109.58 of the Revised Code, a parent may execute a power of attorney if the other parent of the child is deceased.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.58 | Pending Proceedings May Preclude Creation of Power of Attorney.

Effective:
July 20, 2004
Latest Legislation:
House Bill 130 - 125th General Assembly
(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 with respect to a child while any of the following proceedings are pending regarding the child:
(1) A proceeding for the appointment of a guardian for, or the adoption of, the child;
(2) A juvenile proceeding in which one of the following applies:
(a) The temporary, permanent, or legal custody of the child or the placement of the child in a planned permanent living arrangement has been requested.
(b) The child is the subject of an ex parte emergency custody order issued under division (D) of section 2151.31 of the Revised Code, and no hearing has yet been held regarding the child under division (A) of section 2151.314 of the Revised Code.
(c) The child is the subject of a temporary custody order issued under section 2151.33 of the Revised Code.
(3) A proceeding for divorce, dissolution, legal separation, annulment, or allocation of parental rights and responsibilities regarding the child.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.59 | Termination of Power of Attorney.

Effective:
March 20, 2013
Latest Legislation:
House Bill 279 - 129th General Assembly
(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 revocation to the grandparent designated as the attorney in fact and to the juvenile court with which the power of attorney was filed.
(2) The child ceases to reside with the grandparent designated as the attorney in fact.
(3) The power of attorney is terminated by court order.
(4) The death of the child who is the subject of the power of attorney.
(5) The death of the grandparent designated as the attorney in fact.
(B) Not later than five days after a power of attorney is revoked, a copy of the revocation of the power of attorney must be filed with the court with which the power of attorney is filed pursuant to section 3109.74 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.60 | Notice of Termination.

Effective:
March 20, 2013
Latest Legislation:
House Bill 279 - 129th General Assembly
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) The school district in which the child attends school;
(B) The child's health care providers;
(C) The child's health insurance coverage provider;
(D) The court in which the power of attorney was filed under section 3109.74 of the Revised Code;
(E) The parent who is not the residential parent and legal custodian and who is required to be given notice under section 3109.55 of the Revised Code;
(F) Any other person or entity that has an ongoing relationship with the child or grandparent such that the person or entity would reasonably rely on the power of attorney unless notified of the termination.
The grandparent shall make the notifications not later than one week after the date the power of attorney terminates.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.61 | Immunity.

Effective:
July 20, 2004
Latest Legislation:
House Bill 130 - 125th General Assembly
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 solely as a result of the person's reliance or action. The person is not subject to any disciplinary action from an entity that licenses or certifies the person.
Any medical, psychological, or dental treatment provided to a child in reliance on a power of attorney created under section 3109.52 of the Revised Code shall be considered to have been provided in good faith if the person providing the treatment had no actual knowledge of opposition by the parent, guardian, or custodian.
This section does not provide immunity from civil or criminal liability to any person for actions that are wanton, reckless, or inconsistent with the ordinary standard of care required to be exercised by anyone acting in the same capacity as the person.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.62 | Military Power of Attorney.

Effective:
July 20, 2004
Latest Legislation:
House Bill 130 - 125th General Assembly
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 child, including the ability to enroll the child in school, to obtain from the school district educational and behavioral information about the child, to consent to all school-related matters regarding the child, and to consent to medical, psychological, or dental treatment for the child shall be considered a power of attorney created pursuant to sections 3109.51 to 3109.61 of the Revised Code, as long as the military power of attorney, according to its terms, remains in effect.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.65 | Caretaker Authorization Affidavit.

Effective:
July 20, 2004
Latest Legislation:
House Bill 130 - 125th General Assembly
(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 authority to exercise care, physical custody, and control of the child including authority to enroll the child in school, to discuss with the school district the child's educational progress, to consent to all school-related matters regarding the child, and to consent to medical, psychological, or dental treatment for the child by executing a caretaker authorization affidavit in accordance with section 3109.67 of the Revised Code.
(B) The grandparent may execute a caretaker authorization affidavit without attempting to locate the following parent:
(1) If paternity has not been established with regard to the child, the child's father.
(2) If the child is the subject of a custody order, the following parent:
(a) A parent who is prohibited from receiving a notice of relocation in accordance with section 3109.051 of the Revised Code;
(b) A parent whose parental rights have been terminated by order of a juvenile court pursuant to Chapter 2151. of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.67 | Execution of Affidavit.

Effective:
July 20, 2004
Latest Legislation:
House Bill 130 - 125th General Assembly
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.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.68 | Pending Proceedings May Preclude Creation of Affidavit.

Effective:
July 20, 2004
Latest Legislation:
House Bill 130 - 125th General Assembly
(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 following proceedings are pending regarding the child:
(1) A proceeding for the appointment of a guardian for, or the adoption of, the child;
(2) A juvenile proceeding in which one of the following applies:
(a) The temporary, permanent, or legal custody of the child or the placement of the child in a planned permanent living arrangement has been requested.
(b) The child is the subject of an ex parte emergency custody order issued under division (D) of section 2151.31 of the Revised Code, and no hearing has yet been held regarding the child under division (A) of section 2151.314 of the Revised Code.
(c) The child is the subject of a temporary custody order issued under section 2151.33 of the Revised Code.
(3) A proceeding for divorce, dissolution, legal separation, annulment, or allocation of parental rights and responsibilities regarding the child.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.69 | Limitations on Authority Granted by Affidavit.

Effective:
July 20, 2004
Latest Legislation:
House Bill 130 - 125th General Assembly
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 educational progress, consenting to all school-related matters regarding the child, and consenting to medical, psychological, or dental treatment for the child. The affidavit does not affect the rights and responsibilities of the parent, guardian, or custodian regarding the child, does not grant legal custody to the grandparent, and does not grant authority to the grandparent to consent to the marriage or adoption of the child.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.70 | Termination of Affidavit.

Effective:
March 20, 2013
Latest Legislation:
House Bill 279 - 129th General Assembly
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 accordance with section 3109.72 of the Revised Code, to negate, reverse, or otherwise disapprove an action or decision of the grandparent who signed the affidavit with respect to the child, and the grandparent either voluntarily returns the child to the physical custody of the parent, guardian, or custodian or fails to file a complaint to seek custody within fourteen days after the delivery of written notice of negation, reversal, or other disapproval.
(C) The affidavit is terminated by court order.
(D) The death of the child who is the subject of the affidavit.
(E) The death of the grandparent who executed the affidavit.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.71 | Notice of Termination.

Effective:
March 20, 2013
Latest Legislation:
House Bill 279 - 129th General Assembly
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 health insurance coverage provider, the court in which the affidavit was filed under section 3109.74 of the Revised Code, and any other person or entity that has an ongoing relationship with the child or grandparent such that the person or entity would reasonably rely on the affidavit unless notified of the termination. The grandparent shall make the notifications not later than one week after the date the affidavit terminates.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.72 | Negation of Actions Taken Under Caretaker Authorization Affidavit.

Effective:
March 20, 2013
Latest Legislation:
House Bill 279 - 129th General Assembly
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 parent, guardian, or custodian may negate, reverse, or disapprove a caretaker's action or decision only by delivering written notice of negation, reversal, or disapproval to the caretaker and the person responding to the caretaker's action or decision in reliance on the affidavit. The act to negate, reverse, or disapprove the action or decision, regardless of whether it is effective, terminates the affidavit as of the date the caretaker returns the child to the parent, guardian, or custodian or upon the expiration of fourteen days from the delivery of written notice of the negation, reversal, or disapproval if the caretaker has not filed a complaint in the interim pursuant to section 3109.76 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.73 | Immunity.

Effective:
July 20, 2004
Latest Legislation:
House Bill 130 - 125th General Assembly
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 reliance or action. The person is not subject to any disciplinary action from an entity that licenses or certifies the person. Any medical, psychological, or dental treatment provided to a child in reliance on an affidavit with respect to the child shall be considered to have been provided in good faith if the the person providing the treatment had no actual knowledge of opposition by the parent, guardian, or custodian.
This section does not provide immunity from civil or criminal liability to any person for actions that are wanton, reckless, or inconsistent with the ordinary standard of care required to be exercised by anyone acting in the same capacity as the person.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.74 | Filing With Court.

Effective:
July 20, 2004
Latest Legislation:
House Bill 130 - 125th General Assembly
(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 grandparent designated as attorney in fact or grandparent who executed the affidavit resides or any other court that has jurisdiction over the child under a previously filed motion or proceeding. The power of attorney or affidavit shall be filed not later than five days after the date it is created or executed and may be sent to the court by certified mail.
(B) A power of attorney filed under this section shall be accompanied by a receipt showing that the notice of creation of the power of attorney was sent to the parent who is not the residential parent and legal custodian by certified mail under section 3109.55 of the Revised Code.
(C)(1) The grandparent designated as attorney in fact or the grandparent who executed the affidavit shall include with the power of attorney or the caretaker authorization affidavit the information described in section 3109.27 of the Revised Code.
(2) If the grandparent provides information that the grandparent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child or previously has been determined, in a case in which a child has been adjudicated an abused child or a neglected child, to be the perpetrator of the abusive or neglectful act that was the basis of the adjudication, the court may report that information to the public children services agency pursuant to section 2151.421 of the Revised Code. Upon the receipt of that information, the public children services agency shall initiate an investigation pursuant to section 2151.421 of the Revised Code.
(3) If the court has reason to believe that a power of attorney or caretaker authorization affidavit is not in the best interest of the child, the court may report that information to the public children services agency pursuant to section 2151.421 of the Revised Code. Upon receipt of that information, the public children services agency shall initiate an investigation pursuant to section 2151.421 of the Revised Code. The public children services agency shall submit a report of its investigation to the court not later than thirty days after the court reports the information to the public children services agency or not later than forty-five days after the court reports the information to the public children services agency when information that is needed to determine the case disposition cannot be compiled within thirty days and the reasons are documented in the case record.
(D) The court shall waive any filing fee imposed for the filing of the power of attorney or caretaker authorization affidavit.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.75 | Verification of Filing.

Effective:
July 20, 2004
Latest Legislation:
House Bill 130 - 125th General Assembly
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 attorney or caretaker authorization affidavit has been filed under section 3109.74 of the Revised Code with respect to a child.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › 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.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.78 | Purpose May Void Power or Affidavit.

Effective:
July 20, 2004
Latest Legislation:
House Bill 130 - 125th General Assembly
(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 participate in the academic or interscholastic athletic programs provided by the school or school district.
(B) A person who violates division (A) of this section is in violation of section 2921.13 of the Revised Code and is guilty of falsification, a misdemeanor of the first degree.
(C) A power of attorney created, or an affidavit executed, in violation of this section is void as of the date of its creation or execution.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.79 | Child Support Order Unaffected by Power or Affidavit.

Effective:
July 20, 2004
Latest Legislation:
House Bill 130 - 125th General Assembly
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 under section 3109.67 of the Revised Code shall not affect the enforcement of an administrative child support order or court child support order, unless a child support enforcement agency, with respect to an administrative child support order, or a court, with respect to either order, issues an order providing otherwise.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.80 | Only One Power or Affidavit May Be in Effect at a Time.

Effective:
July 20, 2004
Latest Legislation:
House Bill 130 - 125th General Assembly
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.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3111 | Parentage › Section 3111.01 | Parent and Child Relationship Defined.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
(A) 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 or impose rights, privileges, duties, and obligations. The "parent and child relationship" includes the mother and child relationship and the father and child relationship.
(B) The parent and child relationship extends equally to all children and all parents, regardless of the marital status of the parents.
Last updated October 2, 2023 at 1:02 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3111 | Parentage › Section 3111.02 | Establishing Parent and Child Relationship.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
(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 a child and the natural father of the child may be established by an acknowledgment of paternity as provided in sections 3111.20 to 3111.35 of the Revised Code, and pursuant to sections 3111.01 to 3111.18 or 3111.38 to 3111.54 of the Revised Code. The parent and child relationship between a child and the adoptive parent of the child may be established by proof of adoption or pursuant to Chapter 3107. of the Revised Code.
(B) A court that is determining a parent and child relationship pursuant to this chapter shall give full faith and credit to a parentage determination made under the laws of this state or another state, regardless of whether the parentage determination was made pursuant to a voluntary acknowledgement of paternity, an administrative procedure, or a court proceeding.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3111 | Parentage › Section 3111.03 | Presumption of Paternity.

Effective:
June 15, 2006
Latest Legislation:
House Bill 102 - 126th General Assembly
(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 terminated by death, annulment, divorce, or dissolution or after the man and the child's mother separate pursuant to a separation agreement.
(2) The man and the child's mother attempted, before the child's birth, to marry each other by a marriage that was solemnized in apparent compliance with the law of the state in which the marriage took place, the marriage is or could be declared invalid, and either of the following applies:
(a) The marriage can only be declared invalid by a court and the child is born during the marriage or within three hundred days after the termination of the marriage by death, annulment, divorce, or dissolution;
(b) The attempted marriage is invalid without a court order and the child is born within three hundred days after the termination of cohabitation.
(3) An acknowledgment of paternity has been filed pursuant to section 3111.23 or former section 5101.314 of the Revised Code and has not become final under former section 3111.211 or 5101.314 or section 2151.232, 3111.25, or 3111.821 of the Revised Code.
(B) A presumption that arises under this section can only be rebutted by clear and convincing evidence that includes the results of genetic testing, except that a presumption that is conclusive as provided in division (A) of section 3111.95 or division (B) of section 3111.97 of the Revised Code cannot be rebutted. An acknowledgment of paternity that becomes final under section 2151.232, 3111.25, or 3111.821 of the Revised Code is not a presumption and shall be considered a final and enforceable determination of paternity unless the acknowledgment is rescinded under section 3111.28 or 3119.962 of the Revised Code. If two or more conflicting presumptions arise under this section, the court shall determine, based upon logic and policy considerations, which presumption controls.
(C)(1) Except as provided in division (C)(2) of this section, a presumption of paternity that arose pursuant to this section prior to March 22, 2001, shall remain valid on and after that date unless rebutted pursuant to division (B) of this section. This division does not apply to a determination described in division (B)(3) of this section as division (B)(3) of this section existed prior to March 22, 2001.
(2) A presumption of paternity that arose prior to March 22, 2001, based on an acknowledgment of paternity that became final under former section 3111.211 or 5101.314 or section 2151.232 of the Revised Code is not a presumption and shall be considered a final and enforceable determination of paternity unless the acknowledgment is rescinded under section 3111.28 or 3119.962 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3111 | Parentage › Section 3111.04 | Standing to Bring Paternity Action.

Effective:
December 31, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(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 mother or her personal representative, a man alleged or alleging himself to be the child's father, the child support enforcement agency of the county in which the child resides if the child's mother, father, or alleged father is a recipient of public assistance or of services under Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the alleged father's personal representative.
(2) A man alleged or alleging himself to be the child's father is not eligible to file an action under division (A)(1) of this section if the man was convicted of or pleaded guilty to rape or sexual battery, the victim of the rape or sexual battery was the child's mother, and the child was conceived as a result of the rape or sexual battery.
(B) An agreement does not bar an action under this section.
(C) If an action under this section is brought before the birth of the child and if the action is contested, all proceedings, except service of process and the taking of depositions to perpetuate testimony, may be stayed until after the birth.
(D) A recipient of public assistance or of services under Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, shall cooperate with the child support enforcement agency of the county in which a child resides to obtain an administrative determination pursuant to sections 3111.38 to 3111.54 of the Revised Code, or, if necessary, a court determination pursuant to sections 3111.01 to 3111.18 of the Revised Code, of the existence or nonexistence of a parent and child relationship between the father and the child. If the recipient fails to cooperate, the agency may commence an action to determine the existence or nonexistence of a parent and child relationship between the father and the child pursuant to sections 3111.01 to 3111.18 of the Revised Code.
(E) As used in this section:
(1) "Public assistance" means both of the following:
(a) Medicaid;
(b) Ohio works first under Chapter 5107. of the Revised Code.
(2) "Rape" means a violation of section 2907.02 of the Revised Code or similar law of another state.
(3) "Sexual battery" means a violation of section 2907.03 of the Revised Code or similar law of another state.
Last updated October 2, 2023 at 1:04 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3111 | Parentage › Section 3111.041 | Caretaker Authorization of Genetic Testing.

Effective:
April 3, 2024
Latest Legislation:
House Bill 33 - 135th General Assembly
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
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3111 | Parentage › Section 3111.05 | Statute of Limitations.

Effective:
June 29, 1982
Latest Legislation:
House Bill 245 - 114th General Assembly
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 inheritance or a right to a succession may be asserted beyond the time provided by Chapter 2105., 2107., 2113., 2117, or 2123. of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3111 | Parentage › Section 3111.06 | Jurisdiction of Courts - Personal Jurisdiction.

Effective:
May 17, 2006
Latest Legislation:
House Bill 136 - 126th General Assembly
(A) Except as otherwise provided in division (B) or (C) 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 2301.03 of the Revised Code of the county in which the child, the child's mother, or the alleged father resides or is found or, if the alleged father is deceased, of the county in which proceedings for the probate of the alleged father's estate have been or can be commenced, or of the county in which the child is being provided support by the county department of job and family services of that county. An action pursuant to sections 3111.01 to 3111.18 of the Revised Code to object to an administrative order issued pursuant to former section 3111.21 or 3111.22 or sections 3111.38 to 3111.54 of the Revised Code determining the existence or nonexistence of a parent and child relationship that has not become final and enforceable, may be brought only in the juvenile court or other court with jurisdiction of the county in which the child support enforcement agency that issued the order is located. If an action for divorce, dissolution, or legal separation has been filed in a court of common pleas, that court of common pleas has original jurisdiction to determine if the parent and child relationship exists between one or both of the parties and any child alleged or presumed to be the child of one or both of the parties.
(B) A person who has sexual intercourse in this state submits to the jurisdiction of the courts of this state as to an action brought under sections 3111.01 to 3111.18 of the Revised Code with respect to a child who may have been conceived by that act of intercourse. In addition to any other method provided by the Rules of Civil Procedure, personal jurisdiction may be acquired by personal service of summons outside this state or by certified mail with proof of actual receipt.
Last updated October 4, 2023 at 4:05 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3111 | Parentage › Section 3111.07 | Parties to Action - Intervention.

Effective:
May 17, 2006
Latest Legislation:
House Bill 136 - 126th General Assembly
(A) The natural mother, each man presumed to be the father under section 3111.03 of the Revised Code, and each man alleged to be the natural father shall be made parties to the action brought pursuant to sections 3111.01 to 3111.18 of the Revised Code or, if not subject to the jurisdiction of the court, shall be given notice of the action pursuant to the Rules of Civil Procedure and shall be given an opportunity to be heard. The child support enforcement agency of the county in which the action is brought also shall be given notice of the action pursuant to the Rules of Civil Procedure and shall be given an opportunity to be heard. The court may align the parties. The child shall be made a party to the action unless a party shows good cause for not doing so. Separate counsel shall be appointed for the child if the court finds that the child's interests conflict with those of the mother.
If the person bringing the action knows that a particular man is not or, based upon the facts and circumstances present, could not be the natural father of the child, the person bringing the action shall not allege in the action that the man is the natural father of the child and shall not make the man a party to the action.
(B) If an action is brought pursuant to sections 3111.01 to 3111.18 of the Revised Code and the child to whom the action pertains is or was being provided support by the department of job and family services, a county department of job and family services, or another public agency, the department, county department, or agency may intervene for purposes of collecting or recovering the support.
Last updated October 4, 2023 at 4:05 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3111 | Parentage › Section 3111.08 | Rules of Civil Procedure Govern Action.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
(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 provided by those sections.
(B) If an action is brought against a person to declare the existence or nonexistence of the father and child relationship between that person and a child and the person in his answer admits the existence or nonexistence of the father and child relationship as alleged in the action, the court shall enter judgment in accordance with section 3111.13 of the Revised Code. If the person against whom the action is brought fails to plead or otherwise defend against the action, the opposing party may make an oral or written motion for default judgment pursuant to the Rules of Civil Procedure. The court shall render a judgment by default against the person after hearing satisfactory evidence of the truth of the statements in the complaint.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3111 | Parentage › Section 3111.10 | Evidence of Paternity.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
In an action brought under sections 3111.01 to 3111.18 of the Revised Code, evidence relating to paternity may include:
(A) Evidence of sexual intercourse between the mother and alleged father at any possible time of conception;
(B) An expert's opinion concerning the statistical probability of the alleged father's paternity, which opinion is based upon the duration of the mother's pregnancy;
(C) Genetic test results, weighted in accordance with evidence, if available, of the statistical probability of the alleged father's paternity;
(D) Medical evidence relating to the alleged father's paternity of the child based on tests performed by experts. If a man has been identified as a possible father of the child, the court may, and upon the request of a party shall, require the child, the mother, and the man to submit to appropriate tests. Any fees charged for the tests shall be paid by the party that requests them unless the court orders the fees taxed as costs in the action.
(E) All other evidence relevant to the issue of paternity of the child.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3111 | Parentage › Section 3111.11 | Pretrial Hearing.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
If the person against whom an action is brought pursuant to sections 3111.01 to 3111.18 of the Revised Code does not admit in his answer the existence or nonexistence of the father and child relationship, the court shall hold a pretrial hearing, in accordance with the Civil Rules, at a time set by the court. At the pretrial hearing, the court shall notify each party to the action that the party may file a motion requesting the court to order the child's mother, the alleged father, and any other person who is a defendant in the action to submit to genetic tests and, if applicable, to the appropriate tests referred to in section 3111.10 of the Revised Code. When the court determines that all pretrial matters have been completed, the action shall be set for trial.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3111 | Parentage › Section 3111.111 | Temporary Support Order.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
If an action is brought pursuant to sections 3111.01 to 3111.18 of the Revised Code to object to a determination made pursuant to former section 3111.21 or 3111.22 or sections 3111.38 to 3111.54 of the Revised Code that the alleged father is the natural father of a child, the court, on its own motion or on the motion of either party, shall issue a temporary order for the support of the child pursuant to Chapters 3119., 3121., 3123., and 3125. of the Revised Code requiring the alleged father to pay support to the natural mother or the guardian or legal custodian of the child. The order shall remain in effect until the court issues a judgment in the action pursuant to section 3111.13 of the Revised Code that determines the existence or nonexistence of a father and child relationship. If the court, in its judgment, determines that the alleged father is not the natural father of the child, the court shall order the person to whom the temporary support was paid under the order to repay the alleged father all amounts paid for support under the temporary order.
Last updated October 2, 2023 at 1:09 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3111 | Parentage › Section 3111.14 | Fees and Costs of Action.

Effective:
July 15, 1992
Latest Legislation:
Senate Bill 10 - 119th General Assembly
The court may order reasonable fees for experts and other costs of the action and pretrial proceedings, including genetic tests, to be paid by the parties in proportions and at times determined by the court. The court may order the proportion of any party to be paid by the court, and, before or after payment by any party or the county, may order all or part of the fees and costs to be taxed as costs in the action.