Grandparents rights have been under debate for decades. Parents have a fundamental right from the constitution to choose who will and will not be involved in a child’s life. In some states, grandparents have a right to have a relationship with their grandchild. The term grandparent’s rights refers to the legal concept that courts can order parents to allow grandparents to spend time with their grandchild. Ohio grandparents have a right to have a relationship with their grandchildren, but the facts of your circumstances must show that the visitation with the grandparents is in the child’s best interest. The statutes that govern these rights in Ohio are com
When does Ohio order Grandparents rights for visitation?
Ohio grandparents rights of visitation are allowed by statute in limited circumstances.
However, the court must still find that the visitation with the grandparents is in the best interests of the child. The “best interest of the child” standard is the basis for all custody and visitation cases in Ohio.
The best interest of the child is determined by the judge based on the following factors:
If the court denies the motion for visitation, the grandparent has the right to appeal this decision.
Ohio Grandparent rights for custody
In addition to allowing grandparent rights for visitation in Ohio, Ohio law also permits grandparents to sue for custody of their grandchildren. Again, specific circumstances must arise for this kind of lawsuit to be made.
To win custody of their grandchildren, a grandparent must prove that both parents are unfit and that it is in the best interest of the child that the grandparents be given custody of the child.
If a grandparent believes that a child is in danger or the parents are unfit, they need to contact and attorney as soon as possible to file a motion with the court.
What should you do if the parents refuse to allow court ordered custody?
If the court grants visitation under Ohio grandparent rights statutes, the parents must obey the order. When parents do not follow a court order, they are in contempt of court. The grandparent can file a motion for contempt seeking the parents to comply with the order.
Parents that are found guilty of contempt can be ordered to pay fines, be sentenced to jail time, or possibly ordered to pay court fees and attorney’s fees accrued in regard to the contempt action.
What should you consider before filing the motion for grandparent’s rights?
Before grandparents decide to file a motion with the court for custody or visitation, consider long term consequences of involving the court. This could damage your relationship with the parents of the grandchild, and if you do win custody, you should be prepared to physically, emotionally, and financially care for your grandchildren.
If you decide to go forward with a motion for custody or visitation, be prepared to discuss specific details regarding:
The first step you should take is to contact an Ohio family law attorney to discuss your options that would be best suited to achieve your goals. In Ohio, grandparent’s rights are a complicated issue and having representation can give you an edge
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