When Do Grandparents Have Custody Rights?
Child custody rights for grandparents in Ohio are different than in most states. Rights for the elderly have been under debate for decades. Parents have a fundamental right to choose who will be involved in a child’s life. Ohio grandparents also have a right to be in the lives of their grandchildren. However, the facts of the circumstances must show it is in the child’s best interest.
This month, we will talk about child custody rights for grandparents in Ohio. First, we will explain what to consider before filing a motion for grandparent rights. Then, we will present you with your grandparent’s rights for custody. Finally, we will give situations when the state grants grandparent rights. Summers & Associates is proud to educate our clients on child custody rights for grandparents in Ohio.
Please Consider This Before Filing A Motion for Grandparent Rights
It’s essential to think about long-term consequences involving the court before filing a motion. These consequences could affect the grandparent’s relationship with the parents of the child. If grandparents do win custody, they should prepare to take physical, emotional, and financial care of the child. Be prepared to discuss the following details before moving forward with a motion:
- What is the current relationship with your grandchildren versus the relationship of the parents with their children?
- Safety Concerns
- The extent you have assumed parenting roles for your grandchildren.
- The parent’s strengths and weaknesses versus your weaknesses and strengths
- The role grandparents already play in child care
In the state of Ohio, grandparent rights can be a complicated issue. Having a solid attorney represent you in court can give you a significant edge.
Grandparent Child Custody Rights In Ohio
State law permits grandparents to file lawsuits for custody of their grandchildren. However, certain circumstances must arise for this situation to occur. A grandparent must prove that the parents are unfit to take care of the child to win control. They must also prove that their motion for custody is in the best interest of the grandchild. Contact an attorney immediately if you believe that a child is in danger or the parents are unfit. In Harrold v. Collier, 107 Ohio St.3d 44, 2005-Ohio-5334, the court did not require clear circumstances to support grandparents. Therefore, the Ohio Supreme Court ruled that the state’s non-parental statutes were constitutional based on the circumstances.
When Does Ohio Grant Child Custody to Grandparents?
Per state law, a court can award custody to grandparents during or after a domestic relations proceeding. The state Supreme Court says that the states third-party visitation statutes are constitutional. Here are a few situations when the state grants custody to grandparents:
Divorce: Grandparents may file a motion seeking visitation during a divorce trial. Before making a decision, the court must consider certain factors that inform what is in the child’s best interest. We will discuss those later.
Death: After the death of a parent, grandparents can file for companionship in the court of common pleas.
Unmarried: If the child’s mother was unmarried when the child was born, the maternal grandparents may file a complaint requesting companionship. They may also file a companionship complaint if the child’s father acknowledges the kids.
Abused: The revised code does not expressly provide grandparent companionship when the child suffers abuse. However, a public children’s service agency can arrange for custody under the administrative code in certain circumstances.
Adoption: The effect of adoption depends on the circumstances. If the parent dies, state law provides that the adoption does not curtail a grandparent’s right to companionship.
Here Are The Factors in Granting Child Custody in Ohio
Before issuing companionship, the court must consider relevant factors specified in the statute, including:
- Adjustment to home, school, and community
- Age
- Health and Safety
- Mental and Physical Health of All Parties
- Parents Concerns
- Prior Relationship with Grandparents
- Residence
If the court denies your custody motion and you file a findings request, the court must state those in writing.
Summers & Associates Offers First-Rate Child Custody Service
The compassionate attorneys at Summers & Associates have helped Ohio and West Virginia residents with child custody matters. We have many years of legal experience and believe that every case is important and unique. Summers & Associates prides itself on offering honest advice and high-quality representation. We use our expertise to fight for your rights and advocate for the best interest of your children.
Summers & Associates has developed an outstanding reputation throughout Parkersburg, WV, for providing top-notch child custody services. With a convenient location on Dudley Avenue, we work with individuals and families throughout the Mountain State. For many years, our law office has aided residents who require prompt and professional legal representation. To learn more about our child custody service, contact us.
For more information on child custody rights for grandparents in Ohio, call Summers & Associates at (304) 420-0975. Our law office brings many years of legal experience to the office every day while proudly serving The Mountain State. Please feel free to like us on Facebook and keep in touch through email. We pride ourselves on educating our customers about child custody rights for grandparents in Ohio.