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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 go to the Contact Form to tell us about your case and set up a free consultation. |
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.
Grandparent Power of Attorney
Are you caring for your grandchild because the parents cannot?
If so, the parents can grant you Power of Attorney, which allows you to temporarily:
- arrange for the child's routine and emergency medical, dental and psychological treatment
- authorize your grandchild's enrollment in school;
- access information regarding education; and
- provide consent for educational activities.
If you have failed to locate your grandchild's parents after making reasonable effort to do so, you may obtain a Caretaker Authorization Affidavit, which allows you to temporarily:
- arrange for the child's routine and emergency medical, dental and psychological treatment;
- authorize your grandchild's enrollment in school
- access information regarding education; and
- provide consent for educational activities.
ORC 3109.52 Power of attorney for residential grandparent.
The parent, guardian, or custodian of a child may create a power of attorney that grants to a grandparent of the child with whom the child is residing any of the parent's, guardian's, or custodian's rights and responsibilities regarding the care, physical custody, and control of the child, including the ability to enroll the child in school, to obtain from the school district educational and behavioral information about the child, to consent to all school-related matters regarding the child, and to consent to medical, psychological, or dental treatment for the child. The power of attorney may not grant authority to consent to the marriage or adoption of the child. The power of attorney does not affect the rights of the parent, guardian, or custodian of the child in any future proceeding concerning custody of the child or the allocation of parental rights and responsibilities for the care of the child and does not grant legal custody to the attorney in fact.
Effective Date: 07-20-2004
Support for Kinship FamiliesThere is a broad continuum of family arrangements and governmental supports when a child is placed out of the parents’ home. Arrangements range from informal to judicially ordered. Families may qualify for additional benefits. Most of these benefits are available through your county Department of Job and Family Services (JFS) or online at Benefits.Ohio.gov. Resources can also be obtained through the Ohio Benefit Bank.
- Cash assistance – Apply at JFS and ask for “Child Only” TANF or Ohio Works First cash assistance. Eligibility is based on the child’s out-of-home status, not the caregiver’s income.
- Medicaid coverage – Eligibility is based on the child’s income. Children not already covered by a health insurance policy are likely eligible for a Medicaid card. This will be VERY valuable in meeting the needs of the child in your care.
- SNAP (Food Stamps) – This benefit is based on your household income and number of people living there.
- Child care subsidy – This benefit is for low-income caregivers who are working.
- Kinship Permanency Incentive Program – Financial supports are available for qualifying permanent kinship families (those with judicial custody). Learn more. Apply at your local children services agency.
- Grandparent Power of Attorney and Caregiver Affidavit forms – These forms assist grandparent caregivers who have physical custody of their grandchildren, but not judicially awarded custody. When properly completed, notarized and filed with the court, these forms assist grandparents in enrolling grandchildren in school and participating as the parent, as well as accessing routine and emergency medical and dental care. The revised forms do not expire, and if disagreements arise between grandparent caregivers and the parent, the grandparent can request a hearing in juvenile court and seek judicial custody. Download the caregiver power of attorney or the caretaker authorization affidavit.
- Kinship Care Month is celebrated each September. Check out the latest kinship research and resources from the Children’s Bureau.
- Ohio’s “GrandFacts” Fact Sheet from Grandfamilies.org
- Ohio Grandparent/Kinship Coalition
- Ohio Department of Job and Family Services (KPI)
- Ohio Resource Guide for Relatives Caring for Children
- Family and Youth Law Center at Capital University Law School
- Ohio Family Care Association
