Full question:
My son and his wife are Not divorced, but he is paying her child support. His daughter has not lived with her mother for several months, she lives with her grandma. The mom cannot work because of seizures, she just had her car repossessed and is being evicted. My son wants custody of his daughter, but wants to make sure he does it legally... how should he proceed?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Ohio
Answer:
A biological parent generally has the right to custody unless a court order states otherwise. If there is an existing court order, your son must file a petition to modify or revoke it with the court that issued the order.
If a power of attorney for care was given to the grandmother, it can be revoked in writing by the person who created it. If the grandmother refuses to return the child voluntarily, it may be necessary to contact local law enforcement to avoid a breach of the peace.
According to Ohio law, a power of attorney created under section 3109.52 terminates under certain conditions, such as when the child no longer resides with the grandparent or if it is revoked in writing (Ohio Rev. Code § 3109.59).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.