First, in order for a grandparent to be able to file a motion for custody or visitation with the Court, one of the following three circumstances must be present:
- The child’s parents are unmarried.
- The child’s parents are going through a divorce, dissolution of marriage, legal separation, annulment or child support proceedings.
- The child is involved in an abuse, dependency, or neglect case.
How can a Grandparent Obtain Custody of a Child?
Obtaining custody of a grandchild can be very challenging because the Courts consider the right of parents to care for their children a fundamental … Read the rest
Several weeks ago, the Ohio Supreme Court issued a decision in In Re Mullen; Hobbs v. Mullen, et. al. involving the parental rights of a same sex couple. The lesson for same sex parents is as follows. GET IT IN WRITING.
In the case, Michele Hobbs and Kelly Mullen, a same sex couple, decided to have a child. A male friend agreed to donate his sperm and Mullen became pregnant through an in vitro fertilization procedure.
The women acted as co-parents. The women shared the financial responsibility of the in vitro fertilization process, Hobbs was present when Mullen gave birth, the women created… Read the rest
1. You May Not Need To Go.
Local Rules in Cuyahoga County state that all new Applications to Determine the Custody of a Child or Motions for Parenting Time or Motions to Modify the Allocation of Parental Rights and Responsibilities must be referred to mediation. However, a party can request to be exempted from mediation in any of the following situations:
… Read the rest
- Cases where one party has been convicted or pled guilty to domestic violence within the past two years or when a civil protection order is in effect;
- Cases in which the physical distance between the parties is so great that it isn’t practical
Who has custody of a child born to unmarried parents?
Under Ohio law, when an unmarried woman gives birth to a child, she is the sole residential parent and legal custodian of the child unless and until a Court issues an order designated another person as the residential parent and legal custodian.
How can a father become the legal custodian of a child or obtain visitation rights?
First, the father must establish paternity. Paternity can be established in a number of ways.
… Read the rest
- Acknowledgment of Paternity Affidavit- Typically this is signed at the hospital at the time of the child’s birth, but