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Are there grandparent rights in Ohio?

Lorain, OH |

I've made it to Ohio : ) . But my move has upset alot of people including the grandmother of my unborn child ( unsurprisingly ) . She claims a lawyer told her I can't deny her grandparent rights because she's supposedly taken care of me ( by letting me live with her ) & . The baby ( buying the crib , car seat, stroller, throwing a baby shower & . Taking me to my appointments ) ! I don't know how true this is but I've heard that material things are considered gifts especially since she's Grandma & . The baby isn't born ! I just want to know how true this is & . Is there anything she can do to go against my decision of not letting her see the baby.

Attorney Answers 2

Posted

You do not state your marital status. If you are unmarried then Ohio Revised Code Section 3109.12 (A) states in part that "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." The statute goes on to state that if paternity has been established then this right extends to the father's relatives. In other words, if you are unmarried then the grandmother may be able to petition the court for visitation rights. If this happens then the court must consider sixteen (16) statutory factors in determining whether or not those rights should be granted. One of the factors is the wishes and desires of the child's parents. This is a very important factor. Parental rights are highly protected under Ohio law. However, having said that, if the grandmother does file a Motion with the court seeking visitation with your child, you should seek the services of a qualified family law attorney in orde to protect your rights. Good luck. Jeff Milbauer, The Milbauer Law Firm, Middletown, Ohio

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9 comments

Mary Katherine Brown

Mary Katherine Brown

Posted

As always, the highest regard should be given to the information provided by your local attorneys

Asker

Posted

Im not married . The baby's father & . I are both 18 & . We both stay with my parents for now ! His mother is the ( Grandma ) that im having difficultys with . The father of my child doesn't care whether she sees the baby or not ! But she feels as if she has all the rights because she bought most of the baby stuff ' through me a baby shower , Took me to my appointments & . Let me stay with her !

Asker

Posted

Im not married . The baby's father & . I are both 18 & . We both stay with my parents for now ! His mother is the ( Grandma ) that im having difficultys with . The father of my child doesn't care whether she sees the baby or not ! But she feels as if she has all the rights because she bought most of the baby stuff ' through me a baby shower , Took me to my appointments & . Let me stay with her !

Asker

Posted

Im not married . The baby's father & . I are both 18 & . We both stay with my parents for now ! His mother is the ( Grandma ) that im having difficultys with . The father of my child doesn't care whether she sees the baby or not ! But she feels as if she has all the rights because she bought most of the baby stuff ' through me a baby shower , Took me to my appointments & . Let me stay with her !

Jeffrey Kyle Milbauer

Jeffrey Kyle Milbauer

Posted

If you and the father signed an Acknowledgement of Paternity at the Hospital shortly after the baby's birth then he is the child's legal father. As I stated in my original response, under those circumstances his mother has the right to petition the court for visitation.

Melissa Ann Graham-Hurd

Melissa Ann Graham-Hurd

Posted

You live with this woman and do not want her to see the child? How can that possibly happen? What makes you fearful for the child after she has shown care and concern for the child's welfare by purchasing things the child will need?

Asker

Posted

No I don't live with her . At one point I did & . I feel she has bad habbits ! very street ghetto fighting like attitude .

Asker

Posted

No I don't live with her . At one point I did & . I feel she has bad habbits ! very street ghetto fighting like attitude .

Asker

Posted

No I don't live with her . At one point I did & . I feel she has bad habbits ! very street ghetto fighting like attitude .

Posted

The items that grandma purchased for you are gifts. If you are unmarried and grandma wants visitation rights, she will have to file a petition to establish paternity first. Once that is complete, there may be a trial regarding visitation rights. From my experience, the court does not like forcing a decision upon the parties and the Court often prefers that the parties work out some sort of visitation schedule.

If you moved to Ohio from a different state, any schedule that is created is going to have to take into consideration the distance. The greater the distance, the more difficult the visitation will be. It sounds to me like the grandmother generally likes you and wants to help you but she also really wants to see her grandchild and she is afraid that the distance you have put between her and her grandchild will be an insurmountable obstacle. My suggestion is to talk to her and try to come to some sort of agreement regarding visitation. This type of communication will let her know that you have not forgotten about her and hopefully, it will make her feel good enough about the situation that she will not file a complaint in court.

However, if she does file a complaint, I agree with the other attorneys here, you should hire a local attorney that has dealt with this issue before. But I must point out that if this does happen, I think you will end up with a similar result as you would if you just worked out a schedule with her.

For more online resources, please visit our website at: www.tibbslawoffice.com. You can find more answers to common legal questions on this and similar subjects at: www.youtube.com/tibbslawoffice.

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