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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

Ohio Revised Code Search

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domestic violence
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Section 3109.43 | Ineligibility for visitation rights of parent killing other parent.

...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.

Section 3109.44 | Notice by court where parent convicted of killing other parent.

...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 child to a parent prior to that parent being convicted of killing the other parent of the child, the court in which the parent is convicted of...

Section 3109.45 | Termination of visitation order upon receipt of notice.

...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.

Section 3109.46 | Termination of custody order upon receipt of notice.

...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 issued a custody order described in that section, the court shall transfer jurisdiction over the custody order to the juvenile court of the...

Section 3109.47 | Custody or visitation granted to surviving parent.

...(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 the parent as the residential parent and legal custodian of the child or granting custody of the child to that parent; (2) Issue a visitat...

Section 3109.48 | Visit to surviving parent with child present.

...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 visit.

Section 3109.50 | Definitions.

...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 parental duty of support for a child. (B) "Rape" means a violation of section 2907.02 of the Revised Code or similar law of another state. (C...

Section 3109.501 | Children conceived as result of rape or sexual battery; declaration of paternity.

...d and in a court with jurisdiction over domestic relations matters, pursuant to a proceeding for divorce, dissolution, legal separation, or annulment, if the parents of the child are married.

Section 3109.502 | Continuation of declaration of paternity proceedings during criminal proceedings.

...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 the criminal proceedings, the court shall do one of the following: (A) Proceed with the action if the person was convicted of or pleaded gui...

Section 3109.503 | Notice of parental rights.

...(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 is brought of any order previously issued by any court that grants the other person parental rights with respect to that child. The notice ...

Section 3109.504 | Granting of parental rights prohibited.

...(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 that child, to be the parent of a child conceived as a result of rape or sexual battery committed by the person. (B) On receipt of a notice...

Section 3109.505 | Consolidation of actions.

...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.

Section 3109.506 | Rights of relatives.

...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.

Section 3109.507 | Revocation or modification of order.

...(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 limitation of the person's parental rights and the person's relatives' rights under sections 3109.50 to 3109.506 of the Revised Code, except up...

Section 3109.51 | Definitions.

...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 par...

Section 3109.52 | Power of attorney for residential grandparent.

...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 ab...

Section 3109.53 | Form of power of attorney for residential grandparent.

...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 __________, hereby appoint the child's grandparent, __________, residing at __________, in the county of ___________, in the state of Oh...

Section 3109.54 | Signatures - notarization.

...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.

Section 3109.55 | Notice of creation of power of attorney.

...(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 ...

Section 3109.56 | Requirements for creating power of attorney.

...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...

Section 3109.57 | Further requirements for creating power of attorney.

...(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) Temporar...

Section 3109.58 | Pending proceedings may preclude creation of power of attorney.

...(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...

Section 3109.59 | Termination of power of attorney.

...(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. ...

Section 3109.60 | Notice of termination.

...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 cove...

Section 3109.61 | Immunity.

...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...