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Grandparent Rights Questions and Answers

Questions Grandparents Ask About Their Rights to See Their Grandchildren

Ohio grandparent rights questions and answersHere are questions we get asked by grandparents who want to spend time with their grandchildren.

Every case is different. Call us at 1-888-534-4850 to discuss the details of your situation, send us an email at slaterzurz@slaterzurz.com or send us a message by filling out the FREE CASE REVIEW located to the right.

There is no cost for an initial consultation and you will be under no obligation to hire our firm.

If my grandchild’s mother or father is divorced or going through a divorce, do I have visitation rights?

In Ohio, What Are Grandparents Rights When Parents of Grandchild Are Divorced?

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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?

Do I Have Grandparent Visitation Rights If One Parent of Grandchild is Deceased?

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Grandparents of a deceased parent can receive visitation rights.

Ohio law 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?

 

Do I Have Grandparent Visitation Rights If Parents of Grandchild Were Never Married?

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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.

What can be done if my grandchild is removed from the jurisdiction?

Do I Have Grandparent Visitation Rights If Grandchild Moves to a Different State?

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Any request needs to be made in the County where the child lives.

The only exception would be if a case had already been initiated in another county, then that county would retain jurisdiction.




What if my grandchild does not want to visit me?

What Rights Do I Have as a Grandparent If My Grandchild Does Not Want to Visit Me?

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The court will make a determination on this issue.






Do I have any financial liability if my grandchild visits me?

As a Grandparent Do I Have Financial Liability When Grandchild Visits?

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No.

Child support is between the biological parents.




Can I get medical care for my grandchild during a visit?

Ohio Grandparent Rights Question 7

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Yes.

If there is a court order allowing visitation and should the child need emergency medical care while in the care of the grandparent, the grandparent would be allowed to obtain medical treatment for the child while in their care.



Can I obtain legal custody of my grandchild?

As a Grandparent Can I Obtain Legal Custody of a Grandchild?

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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.

What if my grandchild doesn’t live in Ohio

Do I Have Grandparent Visitation Rights If Grandchild Does Not Live in Ohio?

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The state of the child’s residence is the “home state” of the child and that state would have jurisdiction as to whether or not visitation rights would be granted.

Each state has different laws as pertains to visitation rights and the state with jurisdiction would need to be contacted in order to ascertain what if any rights the grandparent has in that particular state.

What if my grandchild already lives with me?

What Rights Grandparents Have When Grandchild Lives With Them

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The law provides a solution for the situation where a child is living with the grandparent and the parents of the child can not be found. This is only a temporary solution and is not the same as legal custody, but it allows the grandparent to do what is necessary for the child such as, enrolling the child in school and taking the child to the doctor, etc. The law states, in relevant part, that if a child is living with a grandparent who has made reasonable attempts to locate and contact both of the child’s parents, guardian, or custodian but has been unable to do so the grandparent may obtain the authority to exercise care, physical custody, including the authority to enroll the child in school, to discuss with the school district the child’s educational progress, to consent to all school related matters regarding the child and to consent to medical, psychological or dental treatment for the child by executing a caretaker authorization affidavit.

The more common scenario is when grandparents are raising their grandchild with the knowledge and consent of the biological parents. Ohio law provides that in certain circumstances a parent may give a grandparent a Power of Attorney to enroll the child in school, care for the child’s medical needs, etc. This is similar to the caretaker affidavit, however the parent is present and willing to execute the power of attorney. Furthermore, the affidavit must be executed by both parents if they are married and living as husband and wife, if the child is subject to a shared parenting order or if the child is subject to a custody order.

The law does not require a parents signature on the affidavit if the legal custodian is prohibited from receiving a notice of relocation or if the parents parental rights have been terminated by a juvenile court of competent jurisdiction. If the parent who is not the residential parent and legal custodian can not be located, with reasonable efforts, that parent does not need to execute the affidavit.

Ask Your Grandparent Rights Questions

The best way to get your legal questions answered is to talk with an attorney. Contact us by calling 1-888-534-4850 for a free consultation with an experienced Ohio domestic relations attorney who will answer your questions and provide you with guidance on what to do next.
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