What Rights do grandparents have in OHio?

[paragurl]

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

SO, my daughter's father has never been a rule-following man. ( WE were never married, and I had her at 18). He has been in and out of trouble for his entire life (he is currently 32), his parents have bailed him out and chosen to turn a blind eye to what he was doing. Recently he was arrested for charges of Engaging in a Pattern of Corrupt activity(selling heroin), he was living in his parents' house. He ha d court ordered visitaion every other weekend, in the summer etc.(he did not pay child support as he was trying to get Social Security for an injury) Anyhow he is facing a long time in prison for what he has done. She has told me she will be taking me to court so that they can have my daughter every other weekend and through the summer etc. I have never told her that she could not see my daughter. I do not want to go through a long drawn out fight with her. especially since I have allowed her to go to their house since he has been in jail. They have stated that they think they should have her just as much as I do. I allow her to go there on weekends to stay but not every ohter weekend all the time because we make plans, she has sports, etc... Can anyone tell me if I am wrong to let her see my daughter, and if a court will force me to allow her to go every other weekend, during the summer etc...

 

[Ohiogal]

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

SO, my daughter's father has never been a rule-following man. ( WE were never married, and I had her at 18). He has been in and out of trouble for his entire life (he is currently 32), his parents have bailed him out and chosen to turn a blind eye to what he was doing. Recently he was arrested for charges of Engaging in a Pattern of Corrupt activity(selling heroin), he was living in his parents' house. He ha d court ordered visitaion every other weekend, in the summer etc.(he did not pay child support as he was trying to get Social Security for an injury) Anyhow he is facing a long time in prison for what he has done. She has told me she will be taking me to court so that they can have my daughter every other weekend and through the summer etc. I have never told her that she could not see my daughter. I do not want to go through a long drawn out fight with her. especially since I have allowed her to go to their house since he has been in jail. They have stated that they think they should have her just as much as I do. I allow her to go there on weekends to stay but not every ohter weekend all the time because we make plans, she has sports, etc... Can anyone tell me if I am wrong to let her see my daughter, and if a court will force me to allow her to go every other weekend, during the summer etc...

Grandparents do not have inherent rights in Ohio. If she got grandparent rights it could be as much as standard visitation (I have seen that happen) but if you are allowing her time then it most likely will NOT happen.

 

[LdiJ]

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

SO, my daughter's father has never been a rule-following man. ( WE were never married, and I had her at 18). He has been in and out of trouble for his entire life (he is currently 32), his parents have bailed him out and chosen to turn a blind eye to what he was doing. Recently he was arrested for charges of Engaging in a Pattern of Corrupt activity(selling heroin), he was living in his parents' house. He ha d court ordered visitaion every other weekend, in the summer etc.(he did not pay child support as he was trying to get Social Security for an injury) Anyhow he is facing a long time in prison for what he has done. She has told me she will be taking me to court so that they can have my daughter every other weekend and through the summer etc. I have never told her that she could not see my daughter. I do not want to go through a long drawn out fight with her. especially since I have allowed her to go to their house since he has been in jail. They have stated that they think they should have her just as much as I do. I allow her to go there on weekends to stay but not every ohter weekend all the time because we make plans, she has sports, etc... Can anyone tell me if I am wrong to let her see my daughter, and if a court will force me to allow her to go every other weekend, during the summer etc...

Once her son goes to prison she will have standing to sue for grandparent visitation, but standing to sue is not a guarantee of a win...particularly since you have not denied her access to the child. The odds of her getting the equivalent to parental visitation is also not strong at all, and the chances are virtually nil that she would get the bolded.

You will want an attorney that has experience defending parents in grandparent visitation suits. You also want to avoid coming to any agreements. You want the judge to decide the case based on the merits of the case.

 

[Ohiogal]

Here is caselaw in which the statute is discussed and how the Supreme Court case is applied in Ohio:
Adam v. Kovitch, 2013-Ohio-1020, C.A. 26497
Court of Appeals of Ohio, Ninth District
March 20, 2013



It is possible that grandmother could be awarded visitation similar to that of a non-custodial parent. A guarantee? No. But is it possible. I have seen it happen in Ohio. I am licensed to practice in Ohio and am in Ohio courts constantly. The other responder is a tax preparer in Indiana. NOT an attorney.
I will state that you should force a trial on the merits but be prepared that a guardian ad litem may be appointed and you may be ordered to split the cost of the GAL as well as pay your own attorney fees.

 

[Ohiogal]

Once her son goes to prison she will have standing to sue for grandparent visitation, but standing to sue is not a guarantee of a win...particularly since you have not denied her access to the child. The odds of her getting the equivalent to parental visitation is also not strong at all, and the chances are virtually nil that she would get the bolded.

You will want an attorney that has experience defending parents in grandparent visitation suits. You also want to avoid coming to any agreements. You want the judge to decide the case based on the merits of the case.

You are wrong.
1) Grandma has standing to sue for visitation NOW in the state of Ohio. That is statutory. Why? Because mom and dad were NOT married. Let me quote the statute so that you comprehend:

§ 3109.12. Mother unmarried - parenting time, companionship or visitation rights

(A)

If a child is born to an unmarried woman, the parents of the woman and any relative of the woman may file a complaint requesting the court of common pleas of the county in which the child resides to grant them reasonable companionship or visitation rights with the child. If a child is born to an unmarried woman and if the father of the child has acknowledged the child and that acknowledgment has become final pursuant to section 2151.232, 3111.25, or 3111.821 of the Revised Code or has been determined in an action under Chapter 3111. of the Revised Code to be the father of the child, the father may file a complaint requesting that the court of appropriate jurisdiction of the county in which the child resides grant him reasonable parenting time rights with the child and the parents of the father and any relative of the father may file a complaint requesting that the court grant them reasonable companionship or visitation rights with the child.


(B)

The court may grant the parenting time rights or companionship or visitation rights requested under division (A) of this section, if it determines that the granting of the parenting time rights or companionship or visitation rights is in the best interest of the child. In determining whether to grant reasonable parenting time rights or reasonable companionship or visitation rights with respect to any child, the court shall consider all relevant factors, including, but not limited to, the factors set forth in division (D) of section 3109.051 of the Revised Code. Divisions (C), (K), and (L) of section 3109.051 of the Revised Code apply to the determination of reasonable parenting time rights or reasonable companionship or visitation rights under this section and to any order granting any such rights that is issued under this section.
The marriage or remarriage of the mother or father of a child does not affect the authority of the court under this section to grant the natural father reasonable parenting time rights or the parents or relatives of the natural father or the parents or relatives of the mother of the child reasonable companionship or visitation rights with respect to the child.

If the court denies a request for reasonable parenting time rights or reasonable companionship or visitation rights made pursuant to division (A) of this section and the complainant files a written request for findings of fact and conclusions of law, the court shall state in writing its findings of fact and conclusions of law in accordance with Civil Rule 52.

Except as provided in division (E)(6) of section 3113.31 of the Revised Code, if the court, pursuant to this section, grants parenting time rights or companionship or visitation rights with respect to any child, it shall not require the public children services agency to provide supervision of or other services related to that parent's exercise of parenting time rights with the child or that person's exercise of companionship or visitation rights with the child. This section does not limit the power of a juvenile court pursuant to Chapter 2151. of the Revised Code to issue orders with respect to children who are alleged to be abused, neglected, or dependent children or to make dispositions of children who are adjudicated abused, neglected, or dependent children or of a common pleas court to issue orders pursuant to section 3113.31 of the Revised Code.

2) Parental visitation (or the equivalent) is awarded many times to grandparents depending on the court and whether the parent is available to partake in visitation.



Please do not post outside your area of expertise. This is not it.

 

[LdiJ]

Here is caselaw in which the statute is discussed and how the Supreme Court case is applied in Ohio:
Adam v. Kovitch, 2013-Ohio-1020, C.A. 26497
Court of Appeals of Ohio, Ninth District
March 20, 2013



It is possible that grandmother could be awarded visitation similar to that of a non-custodial parent. A guarantee? No. But is it possible. I have seen it happen in Ohio. I am licensed to practice in Ohio and am in Ohio courts constantly. The other responder is a tax preparer in Indiana. NOT an attorney.
I will state that you should force a trial on the merits but be prepared that a guardian ad litem may be appointed and you may be ordered to split the cost of the GAL as well as pay your own attorney fees.

That case was a very interesting read. The third party suing for visitation was the adult sibling of the child in question, and had lived in the same household as the child's primary residence for several years prior to the death of their mutual mother. The adult sibling was awarded one overnight a month and one additional afternoon a month...which is very much in line with the type of visitation that a third party normally receives since Troxel vs Granville, on the occasions when a third party does win a visitation case.

 

[paragurl]

Thank you both for your input. Ohiogal-- I will be contacting an attorney. I think that I have been more than fair in allowing them to see her. They have been seeing her more than her actual dad used to. They are just mad that I told them NO one time because we had plans.

 

[Ohiogal]

Thank you both for your input. Ohiogal-- I will be contacting an attorney. I think that I have been more than fair in allowing them to see her. They have been seeing her more than her actual dad used to. They are just mad that I told them NO one time because we had plans.

You should contact an attorney. You have done everything properly. You have not denied visitation completely. You have not been unreasonable. You have a strong case but watch that a court may want you to agree to court orders.

 

[Just Blue]

Once her son goes to prison she will have standing to sue for grandparent visitation, but standing to sue is not a guarantee of a win...particularly since you have not denied her access to the child. The odds of her getting the equivalent to parental visitation is also not strong at all, and the chances are virtually nil that she would get the bolded.

You will want an attorney that has experience defending parents in grandparent visitation suits. You also want to avoid coming to any agreements. You want the judge to decide the case based on the merits of the case.

LDiJ,

Is your area of expertise OH Law??