Grandparent Rights
Under Ohio law, a Court can award Visitation Rights to a Grandparent during or after a domestic relations proceeding if, the Grandparent has an interest in the welfare of the grandchild, and if Visitation is in the grandchild’s “best interests”. Ohio law authorizes Grandparent Visitation Rights by statute in three circumstances: (1) when married parents terminate their marriage or separate, (2) when a parent of a child is deceased, and (3) when the child is born to an unmarried woman. In such cases, a court may order reasonable Visitation if it is in the “best interest” of the child. In addition, Grandparents may file a Motion for Visition in a Divorce case at any time, even after the Divorce has been granted, asking the Court to award them their own Visitation schedule with their grandchildren.
On the issue of Grandparent Custody, a Grandparent may file a Complaint or Motion for Custody, however, generally, the Court will not give the Grandparent Custody unless it can be proven that both parents are unfit. (“unsuitable”). It is extremely important for any Grandparent, who is seeking Custody of their grandchildren, to obtain experienced, agressive and practical advice from an attorney. As situations which give rise to Grandparent Custody cases often times involve Children’s Services, professional legal assistance is extremely useful when dealing with caseworker’s and supervisor’s from Children’s Services.
It is important for any Granparent seeking Custody to act quickly, as soon as a sitution arises where they believe that they need to obtain Custody of their grandchildren.