What Rights Do You Have as a Grandparent?
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What Rights Do You Have as a Grandparent?

| Jun 28, 2021 | Firm News |

In a family law case, it’s not uncommon for grandparents to be involved. Grandparents often care very much about their grandchildren and want the best possible outcome for them. If a grandparent is concerned about their grandchildren, however, what options do they have under Ohio law?

Under Ohio law, grandparents may seek both custody and visitation rights from the court. These cases aren’t always easy to win, however, because courts typically recognize that parents’ rights trump grandparents’ rights in most family law situations.

VISITATION RIGHTS

Visitation rights for grandparents usually come up in three different situations. First, following the parents’ divorce or separation. Second, after one of the child’s parents becomes deceased. Last of all, the court will consider grandparent visitation rights when the child is born to an unmarried woman. When seeking visitation rights, courts automatically assume that parents are acting reasonably in deciding who their children can spend time with. In order to overcome this assumption, a grandparent will need to show that visitation with them is in the grandchild’s best interests. When determining what is in the child’s best interests, courts will typically consider things like the parents’ wishes and concerns, the child’s relationship with their parents, how far away the grandparents live, the child’s age, the child’s schedule and availability, the child’s health and safety, any prior child abuse incidents, as well as the mental and physical health of everyone involved.  If you make a good enough case, the court may award you visitation rights even over the parents’ objections.

CUSTODY RIGHTS

If a grandparent is concerned about the wellbeing of their grandchild, they are also allowed to seek custody from the judicial system. As a general rule though, courts will not grant a grandparent custody unless they are able to prove that both parents are unfit to look after the child. Similar to visitation rights cases, grandparents are also required to prove that placing the child in their care will be in the best interests of the minor.

Schedule a Consultation

If you’re seeking to understand what rights you have as a grandparent, it may be best to have an attorney lay out your options for you. After all, grandparent custody or visitation cases can be very difficult to win. Contact us today to learn more about how an attorney can help you defend and assert your rights as a grandparent.

In a family law case, it’s not uncommon for grandparents to be involved. Grandparents often care very much about their grandchildren and want the best possible outcome for them. If a grandparent is concerned about their grandchildren, however, what options do they have under Ohio law?

Under Ohio law, grandparents may seek both custody and visitation rights from the court. These cases aren’t always easy to win, however, because courts typically recognize that parents’ rights trump grandparents’ rights in most family law situations.

VISITATION RIGHTS

Visitation rights for grandparents usually come up in three different situations. First, following the parents’ divorce or separation. Second, after one of the child’s parents becomes deceased. Last of all, the court will consider grandparent visitation rights when the child is born to an unmarried woman. When seeking visitation rights, courts automatically assume that parents are acting reasonably in deciding who their children can spend time with. In order to overcome this assumption, a grandparent will need to show that visitation with them is in the grandchild’s best interests. When determining what is in the child’s best interests, courts will typically consider things like the parents’ wishes and concerns, the child’s relationship with their parents, how far away the grandparents live, the child’s age, the child’s schedule and availability, the child’s health and safety, any prior child abuse incidents, as well as the mental and physical health of everyone involved.  If you make a good enough case, the court may award you visitation rights even over the parents’ objections.

CUSTODY RIGHTS

If a grandparent is concerned about the wellbeing of their grandchild, they are also allowed to seek custody from the judicial system. As a general rule though, courts will not grant a grandparent custody unless they are able to prove that both parents are unfit to look after the child. Similar to visitation rights cases, grandparents are also required to prove that placing the child in their care will be in the best interests of the minor.

Schedule a Consultation

If you’re seeking to understand what rights you have as a grandparent, it may be best to have an attorney lay out your options for you. After all, grandparent custody or visitation cases can be very difficult to win. Contact us today to learn more about how an attorney can help you defend and assert your rights as a grandparent.

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