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First if you have concerns about the safety of your children, CALL 241 -KIDS,
But JFS (or 241-kids) only opens a case in some of the most extreme cases.
You can ask the court for custody of the children, by filing a motion with the local juvenile court.
Asking for custody is an uphill battle.
These cases are very difficult because of the heavy burden of proofing that the parents are unfit.
Call Today at 513-579-2323
or Email: Kimberlyvthomas@gmail.com
Ohio law authorizes Grandparent Visitation Rights by statute in three circumstances:
(1) when married parents terminate their marriage or separate,
(2) when a parent of a child is deceased, and
(3) when the child is born to an unmarried woman. In such cases, a court may order reasonable Visitation if it is in the “best interest” of the child.
In addition, the grandparents must have an interest in the child's welfare, and visitation must be determined to be in the best interests of the child.
Grandparents do not have a right of visitation if the parents are still married. Parents have the right to deny access, unless the are found unsuitable, it is presumed parents are acting in the best interest of the child.
If you are interested in pursuing Grandparent Visitation, Call Today at 513-252-6188.
The decision of the U.S. Supreme Court in Troxel v. Granville impacted grandparents' rights in all states. Simply put, in this 2000 decision the court decided that parents' decisions about their children are presumed to be in the best interests of the children. This presumption applies even when parents decide to cut off contact with grandparents. Thus, in court cases, the burden of proof lies with the grandparents, who must prove that contact with them is indeed in the best interests of the children, to a degree that justifies overruling the parents' decision.
Following the Supreme Court case, all states were obliged to evaluate their own statutes about grandparent visitation. In Ohio, this evaluation occurred in the case of Harrold v. Collier. In this case, the maternal grandparents were denied contact with their granddaughter following the death of the child's mother. The Ohio Supreme Court decided that it was in the child's best interest to see her grandparents, because they raised her for the first five years of her life. The justices noted that the Ohio laws do give special weight to the wishes of parents and thus are constitutional in the light of Troxel v. Granville.