Legal Question in Family Law in Ohio

grandparents rights

Our daughter died 3 years ago. We have custody of 2 of her children. The third lives with the sister of her father. She loves to visit us but lately her aunt has not been willing to let us see her. What rights do we have as grandparents? We live in Ky, they live in Ohio.


Asked on 12/31/08, 5:25 pm

2 Answers from Attorneys

Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: grandparents rights

You should be able to file a motion for visitation priveleges in the probate court of the county where custody was granted.

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Answered on 1/01/09, 9:29 am
Gregory Napier Troutman & Napier, PLLC

Re: grandparents rights

This is actually a complicated question. First, it depends on what state issued the custody orders. If it was Ohio, then you should defer to an Ohio lawyer. If it was Kentucky, then we would need to look at whether you would qualify as a de facto custodian, whether there were visits already ordered, etcetera. There is a statute in Kentucky that gives visitation rights to grandparents but the US Supreme Court limited its applicability and usefulness in instances where PARETNS objected to the visits. Your situation is different and the statute may carry more weight.

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Answered on 1/02/09, 2:20 pm


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