Grandparent's Rights in Cleveland, Ohio
Grandparents are asking the courts to help them exercise their rights to spend time with their grandkids. The judicial system is responding in favor of grandparents, in a lot of cases, but every state has rules to govern when and what visitation is appropriate.
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Cleveland, Ohio
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Most cities don't have their own rules about grandparents' visitation rights. Cleveland, Ohio, is no exception. The courts in Cleveland, however, are bound by the state laws and Ohio does have statutes in place to help support grandparents who are in a quest to spend more time with their grandchildren.
Divorce and Separation
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When parents are divorced, in the middle of a divorce, are legally separated or one of the parents is deceased, grandparents have the right to petition the court for their own visitation schedule with their grandchildren. Grandparents don't automatically get the visitation, though. Attorney Todd C. Berg writes, "Under the new law--Public Act 542 of 2004 which amends Sect. 722.2b of the Child Custody Act--before a grandparenting order can be entered, the grandparent must prove by a preponderance of the evidence that visitation is in the child's best interests and that denial of visitation may harm the child's health."
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Never-Married Mother
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Grandparents' rights when the parents were never married is similar to the rights when the parents become separated or divorced. Paternity must be established, but once paternity is no longer an issue, grandparents are free to pursue their rights in court. They are also free to seek visitation if the child is not living with either parent, as long as there is an "established custodial environment for the child," according to Berg.
Intact Families
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When a mother and father are together, grandparents have no legal rights to visitation. Attorney Richard L. Innis wrote for the Ohio State Bar Association, "There is no statutory right to a visitation order when the family is intact." He said the reason for this is that "the right to be free from governmental interference in everyday life is a constitutionally protected right" for everyone.
Adoption
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There are some occasions when grandparents have no recourse. If a mother remarries, and the new husband adopts her children, the grandparents' rights are terminated as soon as the adoption becomes legal. The adoption will nullify the grandparents' rights, even if there is already an existing order, Innis wrote.
Representation
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Since the law is always changing, finding an attorney in the Cleveland area is the best way to get information on your specific situation. An attorney who specializes in the field should have the most up-to-date information and know about similar cases specific to your area.
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References
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- Photo Credit grandparents with grandchild image by Pavel Losevsky from Fotolia.com
