QUESTION

If custodial parent dies and live with grandparent, does the grandparent get custody over the non-custodial parent?

Asked on Aug 12th, 2013 on Child Custody - Ohio
More details to this question:
This is my first time writing something like this, so please bear with me. I have 3 children by the same woman, in 2 different counties in Ohio, because we moved while she was pregnant, we lived together, but were never married. My name is on their birth certificate hyphenated with hers, and there is a child support order in place which I know means nothing, but when we stopped seeing each other I had asked to get visitation rights, and she went all crazy stating that where live is not a safe environment, I don't know how to take care of them, etc. Since the break up in they all stay with her parents,(kids grandparents) About a year ago she finally started giving me the kids over night, then weekly, and now at times, she would make excuses why she can’t pick them up on dates we agreed on. Lately I've noticed that she has lost a lot of weight, and has very low energy, overall looks bad, I ask and she says she's ok, we only communicate via text, and I have noticed that she been trying to BAIT me with questions that would make me mad, a lot of them read as follows, my mom does everything for these kids, your mom doesn't do bleep, my mom spends thousands on these kids, you and your mother don't do bleep and so on. In the beginning of our break up my mother, and I both gave her money to her, NOT child support, because she needed it right away, I gave her my car, for her and the kids, then it died so my mother gave her, her car. Now I have had 3 brain surgeries since, and I am on disability, and cannot work, the kids still get child support plus dependent benefits because of my disability, we live an 1 1/2 west of her, she is the one who always brought me the kids, and picked them up because I cannot drive anymore, and its hard for me to find transportation. so can she cut me out and give custody to the grandparents, also could she drop my last name that is hyphenated with hers on the kids birth certificate for their school, etc.
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1 ANSWER

First, your information is insufficient to offer advice as to your current situation. You really need to sit down with a lawyer who can advise you on how to proceed. It appears as if you were never ordered by the court or the Department of Job and Family Services to pay support or to be granted visitation. If that is the case, you would likely find yourself in a battle with the grandparents over rights to the custody and visitation of the children. You should explore NOW obtaining court ordered visitation, and recognition of you as the father. The birth certificate by itself will not establish rights to visitation or even acknowledgement of paternity. A visit to a lawyer can lead to a plan designed for your needs.
Answered on Aug 14th, 2013 at 6:59 PM

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