Below is a blog written by James W. Slater of the Ohio law firm Slater & Zurz LLP. This is a great outline for Grandparents’ Rights.
A grandparent wanting to spend as much time with their grandchildren as possible is easy to understand. After all, the relationship between a grandparent and a grandchild is usually beneficial for everyone involved.
However, there are times and circumstances when it gets difficult for grandparents to visit with their grandchildren.
Fortunately, Ohio laws recognize the rights of grandparents and the importance of being involved in their grandchild’s life.
Frequently Asked Grandparent Rights Questions and Answers
To help grandparents who are finding it difficult to share time and love with their grandchildren, we have assembled the following questions frequently asked by grandparents who have contacted our law firm:
If my grandchild’s parents are divorced or going through a divorce, do I have visitation rights?
Ohio law provides a grandparent with certain visitation rights with their grandchildren. A grandparent can file a motion with the court in a divorce, dissolution, legal separation or annulment for grandparent visitation rights. The court, after hearing, will grant grandparents their own individual visitation rights involving a minor child if the person has an interest in the welfare of the child and if the court determines that the granting of the companionship for visitation rights is in the best interest of the child.
What if one of my grandchild’s parents is deceased?
Grandparents of a deceased parent can receive visitation rights. Ohio law [link= http://codes.ohio.gov/orc/3109.11] states that if either the father or mother of an unmarried minor child is deceased the grandparents have the right to ask for visitation. The court will decide if its in the best interest of the child.
What if the parents of my grandchild were never married?
Ohio law provides visitation rights to a grandparent when the child’s mother is unmarried. The law says if a child is born to an unmarried woman, the grandparents have a right to request visitation rights. This includes both the biological father’s parents and mother’s parents. The court will determine what is in the best interest of the child with respect to any request.
Can I obtain legal custody of my grandchild?
In certain circumstances Ohio law does allow a grandparent to obtain legal custody. The court would need to determine the biological parents are unfit. The definition of unfit in Ohio generally means habitual drunkenness, habitual drug abuse, abandonment and other such issues which would again require the court to make a finding of unfitness.
To view more frequently asked questions about grandparent rights in Ohio, please visit the following link: Ohio Grandparent Rights Questions and Answers [link= http://slaterzurz.com/practice-areas/family-law/grandparent-rights-questions-and-answers/]
This article was written by attorney James W. Slater of the Ohio law firm Slater & Zurz LLP. Slater & Zurz has been representing clients throughout Ohio with all types of legal issues for over 40 years. The law firm has handled over 30,000 personal injury related cases and helped clients receive more than $150,000,000 in verdicts and settlements. For a consultation with an experienced attorney, please call (614) 289-1227 or visit www.slaterzurz.com. [link=http://slaterzurz.com]
For questions and issues in the Central Ohio Area, regarding Grandparent rights contact the Law Offices of William L. Geary, Co. L.P.A. (614) 289-1227