Legal Question in Family Law in Ohio

Grand parents custody rights

My brother in law was killed and he has a little girl

that is in the court system.We did not find out that it was his baby til after he was killed but he was going back and forward to court to find out if the baby was his. The baby's mother is in jail and the courts want to take away her rights. The baby lives with the mothers aunt and she wants custody of the baby. Where does my mother in laws rights stand in getting custody of the baby

Asked on 3/30/06, 4:25 pm

1 Answer from Attorneys

David Drew David P. Drew, Esq.

Re: Grand parents custody rights

Grand parents rights are allowed through their children. In this case, the Parent of a deceased child may seek custody of their grandchild through the deceased father. Normally, the child's mother would have first shot at custody but in this case if she is in jail then the Court MUST place the child with a family member if possible. Therefore, the Grandparent may petition the court for custody and/or visitation rights with her grandchild. It is ultimately the Courts decision to choose whom would be the best legal guardian for the child.

If you have additional questions, please call me at my office.

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Answered on 3/30/06, 5:41 pm

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