Ohio Temporary Guardianship Agreement

Introduction

Key Things to Know

1. 1

   The Ohio instrument is the Grandparent Power of Attorney under R.C. 3109.52. The parent, guardian or custodian signs it and the grandparent signs it, both notarized. The statutory form at R.C. 3109.53 controls, because the statute requires a form identical in form and content. A separate Caretaker Authorization Affidavit (R.C. 3109.65, form at R.C. 3109.66) is signed by the grandparent alone when the parents cannot be located.

2. 2

   Only a grandparent with whom the child is residing can serve. The affidavit also requires the grandparent to be 18 or older. This page does not cover an aunt, uncle, other relative or family friend, because Ohio's grandparent provisions give them no route.

3. 3

   No fixed term or renewal is stated. The power of attorney ends on whichever comes first: written revocation with written notice to the grandparent and the juvenile court, the child no longer residing with the grandparent, a court order, the death of the child, or the death of the grandparent.

4. 4

   Both parents must sign if they are married and living as husband and wife, or if a shared parenting order or a custody order exists, unless the other parent is barred from relocation notice, has had rights terminated by a court, or cannot be located with reasonable efforts. A qualifying circumstance is required, such as serious illness, incarceration, temporary inability to care for the child, homelessness, or entering residential substance-abuse treatment. File with the juvenile court within 5 days (the fee is waived) and send certified-mail notice to the non-residential parent within 5 days, with limited exceptions.

5. 5

   The grandparent may enroll the child in school, obtain educational and behavioral information, consent to school-related matters, and consent to medical, psychological or dental treatment. Marriage and adoption cannot be consented to. Enrollment cannot be the reason it is made, though: a power of attorney created for the purpose of enrolling the child in a school or district for academic or interscholastic athletic programs is void. A person who relies in good faith is immune from criminal and civil liability, except for wanton, reckless or substandard-care actions. Nothing requires every school or provider to accept it.

6. 6

   This is not a court guardianship. It does not grant legal custody to the grandparent and does not affect the parent's rights in future custody proceedings. It cannot be signed while a guardianship, adoption, juvenile custody, divorce, dissolution, legal separation, annulment or allocation-of-parental-rights case is pending. After revocation or removal of the child, the grandparent may file a custody complaint in juvenile court within 14 days.

7. 7

   If this document does not fit your situation, or a longer or court-backed arrangement is needed, Ohio probate court can appoint a guardian of a minor, a limited guardian, an interim guardian when a guardian is removed (15 days, extendable up to 30 additional days) or an emergency guardian (72 hours, extendable for good cause by up to 30 additional days) under R.C. 2111.02. A guardianship over a parent's objection is a contested case. DocDraft's guardianship-of-a-minor-petition page covers the court petition. For abuse or danger to a child, contact the Ohio child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.

Ohio Requirements for Temporary Guardianship Agreement

• Grandparent Power of Attorney

  A parent, guardian or custodian may grant a grandparent with whom the child is residing the parent's rights and responsibilities regarding the care, physical custody and control of the child. The grandparent must sign too (R.C. 3109.52, 3109.54).

• Statutory Form Required

  The power of attorney must use a form identical in form and content to the statutory form at R.C. 3109.53. The affidavit form is at R.C. 3109.66.

• Notarized Signatures

  The signatures of the parent, guardian or custodian and the grandparent must be notarized by an Ohio notary public for the power of attorney to be effective (R.C. 3109.54).

• Both Parents or Residential Parent Signs

  Both parents sign if married and living as husband and wife, or if a shared parenting or custody order exists, with exceptions. Otherwise the residential parent or legal custodian signs, and a qualifying circumstance is required (R.C. 3109.56, 3109.57).

• Juvenile Court Filing Within 5 Days

  File with the juvenile court within 5 days, by certified mail if desired, with the R.C. 3109.27 information and a certified-mail receipt showing notice to the non-residential parent. The fee is waived (R.C. 3109.74).

• Notice to the Non-Residential Parent

  Certified-mail notice naming the grandparent goes to the non-residential parent within 5 days, unless both parents sign, the parent is barred from relocation notice, rights were terminated, or the parent cannot be located (R.C. 3109.55).

• Powers and Marriage or Adoption Exclusion

  Covers school enrollment and matters, educational and behavioral information, and medical, psychological or dental consent. It may not grant authority to consent to the marriage or adoption of the child (R.C. 3109.52).

• No Fixed Term and Ending Events

  No fixed term or renewal is stated. It ends on written revocation with notice, the child ceasing to reside with the grandparent, a court order, or the death of the child or grandparent (R.C. 3109.59).

• No Pending Court Case

  It may not be executed while a guardianship, adoption, juvenile custody, divorce, dissolution, legal separation, annulment or allocation-of-parental-rights proceeding is pending (R.C. 3109.58).