Ohio Revised Code

Ohio Rev. Code § 3109.76 (2026)

Determination of custody after notice of revocation of grandparent's power of attorney, termination or removal

✓ current as of May 2026
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(A) A grandparent who has physical custody of a child under a power of attorney, within fourteen days after the child's parent, guardian, or custodian gives written notice of revocation of the power of attorney to the grandparent and files a written notice of revocation of the power of attorney with the juvenile court or within fourteen days after removal of the child from the grandparent's home, may file a complaint under division (A)(2) of section 2151.23 or division (D) of section 2151.27 of the Revised Code seeking a determination of custody if the grandparent believes that the revocation or removal is not in the best interest of the child.

(B) A grandparent who has physical custody of a child under a caretaker authorization affidavit, within fourteen days after a parent, guardian, or custodian terminates the affidavit by delivering a written notice of negation, reversal, or disapproval of an action or decision of the grandparent or within fourteen days after removal of the child from the grandparent's home, may file a complaint under division (A)(2) of section 2151.23 or division (D) of section 2151.27 of the Revised Code seeking a determination of custody if the grandparent believes that the termination or removal is not in the best interest of the child.

(C) Pending a hearing and decision on a complaint filed under division (A) or (B) of this section, the juvenile court, in accordance with section 2151.33 of the Revised Code, may make any temporary disposition of any child that it considers necessary to protect the best interest of the child.

(D) If a parent, guardian, or custodian revokes a power of attorney or terminates a caretaker authorization affidavit, the grandparent may retain custody of the child until the fourteen-day period for filing a complaint under division (A) or (B) of this section has expired or, if the grandparent files a complaint, until the court orders otherwise.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2011–2024 · leading case: In re S.Y., 2011 Ohio 4621 (Ohio Ct. App. 2011).
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In re S.Y., 2011 Ohio 4621 (Ohio Ct. App. 2011). · cites it 3× “If the parent, guardian, or custodian of the child cannot be located, the court shall treat the filing of 5 R.C. 3109.76 governs “second or subsequent power of attorney” created under R.”
State ex rel. Jones v. Paschke, 2024 Ohio 135 (Ohio 2024). · cites it 2× “021 (complaint alleging that child is delinquent); R.C. 3109.76 (complaint of grandparent seeking custody); R.”
In re C.D., 2024 Ohio 6047 (Ohio Ct. App. 2024). “021 (complaint alleging that child is delinquent); R.C. 3109.76 (complaint of grandparent seeking custody); R.”
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