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  1. #1

    Default How to Get Power of Attorney to Enroll a Grandchild in School

    I have temporary legal custody notarized by the mother of my granddaughter Age 5 from the state of Arkansas. We moved to Ohio 6 months ago. Ohio will not accept it to enroll her school, because it was not a court order.

    I don't really want to go through the sle of getting custody and fees and hearings and all that when I could just get grandparent power of attorney. However the paperwork Ohio juvenile Court gave me says it has to be notarized in Ohio. The mother is incarcerated in a federal prison in Alabama. Can she use an Alabama power of attorney for grandparents and have it Court documented in Ohio. She was never married to the father he doesn't have any legal custody rights or residential rights and he already pays child support which I am receiving.

  2. #2
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    Default Re: Grandparent Power of Attorney

    The child is domiciled in Ohio. You have not indicated that the child has ever been domiciled in Alabama, even if that's where mom is incarcerated. You should follow proper procedures for Ohio.

    I cannot review the form that you received from the Ohio court and you have not given us any information through which we could try to track down a copy; but it probably does not have to be notarized in Ohio. More likely the form was prepared with a block for an Ohio notary because virtually everybody using the form would be executing it before an Ohio notary. If it does not in fact need to be notarized in Ohio, mom can execute the form before a notary in Alabama and return it to you.

    Incidentally, policies for school enrollment are summarized here.
    Quote Quoting Grandparents.
    If a grandparent executes a power of attorney under ORC 3109.51 to 3109.62 or a caretaker authorization affidavit under ORC 3109.64 to 3109.73, then the grandparent serves as a parent and the child attends the school where the grandparent resides. (ORC 3313.64(A)(1)(b).)

    A child under the age of twenty-two years who is in the custody of the child's parent, resides with a grandparent, and does not require special education is entitled to attend the schools of the district in wh ich the child's grandparent resides, provided that, prior to such attendance in any school year, the board of education of the school district in which the child's grandparent resides and the board of education of the school district in which the child's parent resides enter into a written agreement specifying that good cause exists for such attendance, describing the nature of this good cause, and consenting to such attendance.
    You can get a caretaker authorization affidavit here. There is no requirement that mom sign the form.

  3. #3

    Default Re: Grandparent Power of Attorney

    Thank you no one here in Ohio has mentioned that little piece of information. Also no her child has always lived in Arkansas until 6 months ago at which time we moved to Ohio. The juvenile court does not have their grandparent POA online I had to pick it up in person and there is a block for for the notary that has State of Ohio on it. So I think what you are saying is because the child never lived in Alabama she can not execute a POA for her in Alabama anyway, and even if she could Ohio probably would not accept it. So the better route would be caretaker authorization affidavit?

    The affidavit has this on it: so I do not know how to proceed...

    Despite having made reasonable attempts, I am either:
    (a) Unable to locate or contact the child’s parents, or the child’s guardian or custodian; or... I am the custodian and I know where the mother is,
    (b) I am unable to locate or contact one of the child’s parents and I am not required to contact
    the other parent because paternity has not been established; or...............................................P aternity has been established but they were never married so does he have any legal say?
    (c) I am unable to locate or contact one of the child’s parent and I am not required to contact
    the other parent because there is a custody order regarding the child and one of the............................it is a Notarized custody document signed by the legal parent at the time but not court ordered in Arkansas.
    following is the case: I do not know where the father is I tried sending him two forms to get notarized to a PO box and never got them back.
    (i) The parent has been prohibited from receiving notice of a relocation; or >>>> Neither apply
    (ii) The parental rights of the parent have been terminated.

    Correction, I do not know what facility the mother is in they keep moving her, and I just remembered the father never took an actual paternity test.

    I do not understand the paragraph about the two boards of education having a written agreement for her to attend in our district in Ohio, do I need that ? She never lived in Alabama If I can find out what facility she is in can I use this form ?

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