Grandparents Rights

[jcsdrake]

What is the name of your state (only U.S. law)? Ohio

I am writting this and doing research for my Dad.

We currently live in Ohio. My brother was murdered 1-12-12 and left behind a 2 year old child. My brother and his wife seperated in October 2011 and she moved to VA with their son. When their divorce was final 1-5-2012, my brother was granted a regular visitation schedule, which included 8 weeks in the summer, 1 week in April and every other Holiday.

With the death of my brother, we are having trouble with his x-wife in my parents seeing their only grandchild. In February my nephew came up and spent 2 weeks with us, which went wonderful. He cried for his mother one time the whole time he was with us. It was agreed that he would come back in June and spend 4 weeks with us. As May came around the mother changed it to 2 weeks. Now that it is time to go down and pick him up for the 2 weeks, she has decided that we are not allowed to have him. She said that we can come down there and see him during the day but he is not allowed to come up to Ohio and see his family here. We have made plans to go to VA, but we are only allowed to keep him for one night, and then we have to take him back.

My mother is not able to travel due to health reasons, my father and step mother, are able to willing. However,. it is not fair that my nephew is not able to spend time with us in the area that he grew up in and know his family, and know about his father. I have comtacted several lawyers and I have been told that Grandparent rights are very hard to gain, and more then likely would very a very up hill battle, unless she completly denys us seeing or talking to him at all. Does anyone hae any advice on this matter?

My 2 year old nephew is all we have left of my brother, and was the light of his eye, we have already lost my brother this year and we do not want to lose my nephew either. He loves to spend time with us and always wants us to come get him when we are able to speak with him on the phone. Please help!

 

[Proserpina]

What is the name of your state (only U.S. law)? Ohio

I am writting this and doing research for my Dad.

We currently live in Ohio. My brother was murdered 1-12-12 and left behind a 2 year old child. My brother and his wife seperated in October 2011 and she moved to VA with their son. When their divorce was final 1-5-2012, my brother was granted a regular visitation schedule, which included 8 weeks in the summer, 1 week in April and every other Holiday.

With the death of my brother, we are having trouble with his x-wife in my parents seeing their only grandchild. In February my nephew came up and spent 2 weeks with us, which went wonderful. He cried for his mother one time the whole time he was with us. It was agreed that he would come back in June and spend 4 weeks with us. As May came around the mother changed it to 2 weeks. Now that it is time to go down and pick him up for the 2 weeks, she has decided that we are not allowed to have him. She said that we can come down there and see him during the day but he is not allowed to come up to Ohio and see his family here. We have made plans to go to VA, but we are only allowed to keep him for one night, and then we have to take him back.

My mother is not able to travel due to health reasons, my father and step mother, are able to willing. However,. it is not fair that my nephew is not able to spend time with us in the area that he grew up in and know his family, and know about his father. I have comtacted several lawyers and I have been told that Grandparent rights are very hard to gain, and more then likely would very a very up hill battle, unless she completly denys us seeing or talking to him at all. Does anyone hae any advice on this matter?

My 2 year old nephew is all we have left of my brother, and was the light of his eye, we have already lost my brother this year and we do not want to lose my nephew either. He loves to spend time with us and always wants us to come get him when we are able to speak with him on the phone. Please help!

The attorneys you have spoken with are correct. Obviously your nephew's wants (he's 2!) are not going to factor in.

If your parents want to pursue visitation, they absolutely need an attorney. If visitation is awarded it's likely going to take place in Mom's community at least initially.

To be perfectly honest, I'd be somewhat reluctant to let kiddo go for four weeks without his primary (only) parent.

They also should understand that if they sue and lose, they'll likely never seem him again. It might be best to make nice with Mom and visit on her terms.

 

[Ohiogal]

Please realize OP that its very much and uphill and very expensive battle. What's more, if any of the grandparents could win, they absolutely would not even get two weeks at a time, let alone 4. I agree that if you want a relationship with the child, you need to play nice with mom.

The bolded -- you are wrong about. It is very possible for them to get two weeks or four weeks with the child at a time IF they were to win. The issue is, whether or not they would win. They have standing in Ohio to sue. Provided there were court orders IN OHIO. But that doesn't mean they would win even with standing.

 

[LdiJ]

The bolded -- you are wrong about. It is very possible for them to get two weeks or four weeks with the child at a time IF they were to win. The issue is, whether or not they would win. They have standing in Ohio to sue. Provided there were court orders IN OHIO. But that doesn't mean they would win even with standing.

When is the last time you have seen grandparents get two weeks in a row with a toddler, let alone 4? Grandparents rarely have any viable chance at winning anymore, and I haven't seen grandparents win more than a weeks worth of extended visitation with a toddler since before Troxel. Shoot even in PA and NY, the most grandparent friendly states in the country you don't see grandparents getting 4 weeks extended time, even with older children.

Why in the world would you want to give this OP the impression that if they one, they had a viable chance at 2-4 weeks extended time?, when they have no viable chance at getting that? On top of that, just because Ohio might have had jurisdiction of the divorce, does NOT mean that Ohio would have jurisdiction of a gpv case. Neither the parent nor the child are residents of OH. VA is also extremely parent friendly, with solid case law in favor of parents. In fact, VA had solid case law in favor of parents BEFORE Troxel.

 

[Ohiogal]

When is the last time you have seen grandparents get two weeks in a row with a toddler, let alone 4? Grandparents rarely have any viable chance at winning anymore, and I haven't seen grandparents win more than a weeks worth of extended visitation with a toddler since before Troxel. Shoot even in PA and NY, the most grandparent friendly states in the country you don't see grandparents getting 4 weeks extended time, even with older children.

Why in the world would you want to give this OP the impression that if they one, they had a viable chance at 2-4 weeks extended time?, when they have no viable chance at getting that? On top of that, just because Ohio might have had jurisdiction of the divorce, does NOT mean that Ohio would have jurisdiction of a gpv case. Neither the parent nor the child are residents of OH. VA is also extremely parent friendly, with solid case law in favor of parents. In fact, VA had solid case law in favor of parents BEFORE Troxel.

Quite a bit in Ohio if they prove their case. I wasn't giving the OP that impression. I was pointing out how you are WRONG yet again with your blanket statements. Where did I say they were going to win? Actually Ohio very well may have jurisdiction over the gpv case. MAY. Not necessarily will. Especially if the grandparents came in under a divorce if said divorce was filed in Ohio and they interplead. Which they could attempt. That doesn't make a guarantee but I am not giving guarantees.

 

[LdiJ]

Quite a bit in Ohio if they prove their case. I wasn't giving the OP that impression. I was pointing out how you are WRONG yet again with your blanket statements. Where did I say they were going to win? Actually Ohio very well may have jurisdiction over the gpv case. MAY. Not necessarily will. Especially if the grandparents came in under a divorce if said divorce was filed in Ohio and they interplead. Which they could attempt. That doesn't make a guarantee but I am not giving guarantees.

Look, we all know that you are an attorney. However, at the same time we all know that I have worked with literally thousands of familes (on the parent side) with gpv cases and that I have a pretty strong finger on what is actually happening out there. We all know that one of the key factors to a gpv suit these days is "what kind of harm will it cause to the children" if the gps don't win and don't get a certain kind of visitation. That factor is necessary because we all know that any gpv order at all, over the objection of a fit parent, is a violation of that fit parent's constitutional rights. Anybody who has read Troxel knows that. When you are talking about a 2 year old, who lives in a different state than the grandparents, it would nearly be impossible for the grandparents to argue that the child has the kind of relationship with them that would justify 2 extended weeks let alone 4....and I call BS that you have seen quite a few cases in OH where gps have received 2-4 weeks extended time with toddlers. Your types of cases, particularly the type you handle as a GAL, would rarely, if ever, include a grandparent asking for visitation over the objections of a fit parent.

 

[Ohiogal]

Look, we all know that you are an attorney. However, at the same time we all know that I have worked with literally thousands of familes (on the parent side) with gpv cases and that I have a pretty strong finger on what is actually happening out there.

Actually I don't know that. Because you have never ONCE backed up how you have gotten all that experience. You allude to it, you state it but you have nothing to back up what you have actually DONE with any of these cases.
On the other hand, I have backed up with the admnistrators of this site all of my credentials.

We all know that one of the key factors to a gpv suit these days is "what kind of harm will it cause to the children" if the gps don't win and don't get a certain kind of visitation.

Ummm, what kind of harm if the gps don't win and get a certain kind of visitation? Actually no. That is NOT the standard. The standard to be specific is a weighing of a fit parent's wishes AND the proof of detriment to the children if they do not have a relationship with the grandparents. After those threshholds are met, then it goes to best interests regarding visitation -- as in how much.

That factor is necessary because we all know that any gpv order at all, over the objection of a fit parent, is a violation of that fit parent's constitutional rights. Anybody who has read Troxel knows that.

Really? I don't think you have read Troxel and know it as well as you think.

When you are talking about a 2 year old, who lives in a different state than the grandparents, it would nearly be impossible for the grandparents to argue that the child has the kind of relationship with them that would justify 2 extended weeks let alone 4....and I call BS that you have seen quite a few cases in OH where gps have received 2-4 weeks extended time with toddlers.

[DO] you having ANY legal experience at all.

Your types of cases, particularly the type you handle as a GAL, would rarely, if ever, include a grandparent asking for visitation over the objections of a fit parent.

Actually I have THREE current cases right now that deal with a grandparent asking for visitation and/or custody of a grandchild over the objections of a parent when CPS/CSB has NOT been involved. Those are current ongoing cases.