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 has a right to custody unless a court order is in effect stating otherwise. If there is a court order in effect, a petition to modify or revoke it must be filed with the court that issued the order. If a power of attorney for care was given to the grandmother, it may be revoked in writig by its maker. Otherwise, if the grandparent refuses to voluntarily deliver the child, it may be necessary to call the local police to prevent a breach of the peace.
Please see the following OH statute:
§ 3109.59. (A) A power of attorney created under section 3109.52 of the
Revised....
(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) One year elapses following the date the power of attorney is
notarized.
(2) The power of attorney is revoked in writing by the person who
created it.
(3) The child ceases to reside with the grandparent designated the
attorney in fact.
(4) The power of attorney is terminated by court order.
(5) The death of the child who is the subject of the power of
attorney.
(6) The death of the grandparent designated as the attorney in fact.
(B) Not later than five days after a power of attorney is terminated
pursuant to division (A)(2) of this section, a copy of the revocation
of an initial power of attorney or a second or subsequent power of
attorney must be filed with the court with which the power of attorney
is filed pursuant to section 3109.76 of the Revised Code.
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.
