Ohio § 3109.56 Requirements for creating power of attorney

Ohio Statutes

§ 3109.56 — Requirements for creating power of attorney

Ohio § 3109.56

Title 31Domestic Relations-Children

Ch. 3109Children

This text of Ohio § 3109.56 (Requirements for creating power of attorney) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 3109.56 (2026).

Text

When a parent seeks to create a power of attorney pursuant to section3109.52of 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 section3109.04of the Revised Code.

(3)The child is the subject of a custody order issued pursuant to section3109.04of the Revised Code unless one of the following is the case:

(a)The parent who is not the residential parent and legal custodian is prohibited from receiving a notice of relocation in accordance with section3109.051of the Revised Code.

(b)The parental rights of the parent who is not the residential parent

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When a parent seeks to create a power of attorney pursuant to section3109.52of 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 section3109.04of the Revised Code.

(3) The child is the subject of a custody order issued pursuant to section3109.04of the Revised Code unless one of the following is the case:

(a) The parent who is not the residential parent and legal custodian is prohibited from receiving a notice of relocation in accordance with section3109.051of the Revised Code.

(b) The parental rights of the parent who is not the residential parent and legal custodian have been terminated by order of a juvenile court pursuant to Chapter 2151. of the Revised Code.

(c) The parent who is not the residential parent and legal custodian cannot be located with reasonable efforts.

(B) In all other cases, the power of attorney may be executed only by one of the following persons:

(1) The parent who is the residential parent and legal custodian of the child, as determined by court order or as provided in section3109.042of the Revised Code;

(2) The parent with whom the child is residing the majority of the school year in cases in which no court has issued an order designating a parent as the residential parent and legal custodian of the child or section3109.042of the Revised Code is not applicable.