QUESTION
Do grandparents rights apply to great grandparents in Ohio?
Asked on Jul 08th, 2013 on Child Custody - Ohio
More details to this question:
Does a paternal great grandfather have legal rights to visitation in the state of Ohio? Extra details: The child was born to an unmarried mother. The father of the child does acknowledge the child and participates in parenting. The mother and father do not live together nor are they engaged in a relationship, but are both very fit parents. The great grandfather has no relationship to the child (only seen her about 3 times). So again, if the great grandfather tries to take this to court, does he have a case; do you feel he will be granted visitation rights?
1 ANSWER
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James F. Lentz Attorney & Counselor at Law
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Let's start with the basics: The only people who have right to see a child are the parents, guardians, or custodians. The US Supreme Court in the landmark case of *Troxell v Granville *said as much. In Ohio, everyone else, aunts, uncles, grandparents and friends, can make a claim to the court that they should be able to see the child because they have established a relationship with the child and seeing the child is in the best interest of the child. The court may assign visitation time, but it must first decide that said time is in the best interest of the child. Please review your concerns with an attorney licensed in Ohio. The above is not intended as legal advice and is for education, information and entertainment only.
Answered on Jul 11th, 2013 at 5:35 PM