One of the most common questions our office receives involves Grandparent Rights when a grandparent is concerned about their grandchild’s well being. Grandparents do have legal rights in Ohio. Grandparents rights’ include both, custody or grandparent visitation. That is why it is absolutely critical to consult with an attorney who has extensive experience in actually successfully representing individuals in Grandparent Rights cases, who actually have received Grandparent Rights, whether it is Custody of their grandchildren, or regular visitation.
Grandparent Rights In Ohio – How to File for Custody
On the issues of Grandparent Rights involving custody of a child, 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 , also referred to as “unsuitable”. If the Grandparent is able to prove to the Court that both parents are unfit or unsuitable, then the second element the Grandparent needs to demonstrate is that it is in the “best interests” of the minor child that they be placed in the custody of the grandparent.
Ohio law does allow Grandparents rights to both custody and visitation, however, it is often very difficult, meaning it is extremely important for any Grandparent seeking this resolution to obtain experienced, aggressive and practical advise from an attorney. As situations which give rise to Grandparent Custody cases sometimes involve Children’s Services, professional legal assistance is extremely useful when dealing with caseworker’s and supervisor’s from the local county Children’s Services. It is also important for any Grandparent seeking Custody to act as soon as a situation arises where they believe that they need to obtain Custody of their grandchildren.
Grandparents Rights – Visitation
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 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 Visitation 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.
There other options which include legal agreements where the grandparents work with the parents of the children, where the grandparents will “temporarily” take over parenting responsibilities while the parents “get their act together”, so that the parents can return to the primary care providers for the minor children at some point in the future. These types of agreements generally come in the form of Court Orders that are specifically tailored to each specific case .
The Law Office of Anthony W. Greco is committed to providing each and every Client with professional, aggressive and practical representation, while being sensitive to the Client’s unique concerns and goals. With more than 25 years of experience, our firm is equipped to deal with all issues involved in a Grandparent’s Rights case. The Law Office of Anthony W. Greco is prepared to aggressively represent their Clients’ concerns and interests from the first day of representation through trial.
Our firm has successfully represented grandparents in various counties throughout the Central Ohio area in obtaining permanent full custody, temporary full custody, and visitation.