If you are a grandparent who is caring for a grandchild in Ohio, but cannot make vital decisions because you don’t have legal custody, the Ohio Revised Code authorizes a grandparent to obtain legal custody through a Power of Attorney/Caretaker Authorization Affidavit.
Parents Must Give Consent
Both parents must sign the Affidavit and to consent to granting of legal custody to the grandparents. If you are able to enter into a grandparent Power of Attorney/Caretaker Authorization, you can then arrange for the child’s routine and emergency medical, dental and psychological treatment, authorize the child’s enrollment in school, allow grandparents access to information regarding education; also to provide consent for educational activity.
If the parents give their consent and sign the power of attorney, then the grandparents must file the completed form in the local juvenile court within 5 days of signing the form. Once the grandparents Affidavit is signed and filed with the Court, it is in effect for a period of 1 year.
At the end of 1 year, the parties can consensually extend the Caretaker Authorization Affidavit for an additional 1 year. After the 2 year time frame has expired the parties need to request a hearing with the appropriate juvenile court to determine the Caretaker Authorization Affidavit should be extended after the 2 year time limit.
Contact Us To Learn More
For additional details related to grandparent rights and how the grandparents power of attorney and caretaker authorization affidavit may help you, please contact us to speak with one of our experienced Ohio domestic relations attorneys.
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