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 right.… 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 a ceremonial… 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 for
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 can