There can be disagreements within families.This can make it difficult for grandparents to spend time with their children.The disagreements are usually short lived and the family comes back together.Other options need to be pursued in some cases.There are certain circumstances in which Ohio grants grandparenting rights.
Step 1: You should consult an attorney.
Judges have stopped a lot of discretion in family law.There are a lot of things that are likely to affect your case.There is tension between Ohio law and a US Supreme Court decision.You should hire a local attorney if you can afford it.There is a way to find a good attorney.Unbundled services can be provided by an attorney if you can't afford one.Preparing documents, giving you legal advice, teaching you the law, and coaching you through the process are included in these services.
Step 2: Take a look at your statutes.
The Supreme Court ruled that courts can't require grandparents to see their children.The Ohio Supreme Court found that Troxel does not apply to the Ohio grandparent visitation statutes.The US Supreme Court has not yet challenged the determination.There are grandparents rights in Ohio where the grandparent is in the best interest of the child.When both parents are unsuitable to care for the child, grandparents can ask for these rights.
Step 3: The child's best interest should be considered.
The last thing the court has to do is decide if the requested visit is in the child's best interests.The child's age is one of the factors that will be considered by the court.
Step 4: Take the appropriate court into account.
In Ohio, domestic relations cases can be heard in either the Family Court or the Court of Common Pleas.The same court that is currently hearing issues regarding the children will be used if there is an ongoing custody case.The court that heard the issues regarding the children will be the one you file in if there is a closed or completed custody case.
Step 5: Find the forms and complete them.
Pre-approved forms for family law can be found on your court's website.A request for service and affidavit of the child's residential and legal history are likely to be included in a packet.
Step 6: Prepare to file.
All documents should be signed by you.A space in front of a public notary public is required for any sign that needs to be made.You can find one at banks, check cashing companies, and the courthouse.Many of them charge a fee.You can retain a copy if you make enough copies.
Step 7: You should file your documents.
The original and all copies of your documents should be taken to the clerk of the court above.Pay any associated filing fees and ask the clerk to stamp your copies with the filing date in mind.
Step 8: The parents should be served.
Make copies of the summons or citation for yourself and the other party.Attach one to a set of other documents.The documents must be served within six months.The clerk will make appropriate service if you pay for it.
Step 9: Wait for the answer.
The parents have 28 days to reply to the complaint.If you don't receive a copy of the answer, you should call the clerk and ask if it has been received.
Step 10: Take part in discovery.
You gather evidence from the other party through the process of discovery.The various techniques can be learned by reading Title V of the Ohio Rules of Civil Procedure.You will gather evidence to convince the court to grant you rights.If you use discovery tools, you can require the parents or witnesses to give you copies of documents and answer questions under oath.
Step 11: Make disclosures.
You need to give the information to the parents.Failure to disclose information can result in you not being allowed to present evidence of the things you didn't disclose, which may be the proof you need to convince the court to grant you custodial grandparent rights.List of witnesses to testify, the topic of their testimony, and physical evidence you will present at trial are all required disclosures.
Step 12: The Rules of Evidence can be read.
The Ohio Rules of Evidence apply to the evidence you produce.You can't show the court why it should grant you rights as a grandparent without evidence.It is worth paying an attorney to help you understand the rules.The rules will tell you what kind of evidence can be used.
Step 13: Take part in mediation.
A judge can refer parties to mediation in Ohio.A neutral third party tries to negotiate a settlement between you and your parents.There is no need to bring evidence because the mediation doesn't make any decisions.The goal is to get you and the parents to agree to the rights you should have as a grandparent.If mediation is successful, the mediation team will prepare necessary documents and submit them to the court for signature.If it was successful on all issues, this would end your trial.If mediation doesn't work, you go to trial.Nothing said in mediation can be used outside of the mediation process.
Step 14: You can schedule your hearing.
You will need to set a time and date for the court to review all of the evidence and determine what rights you have as a grandparent.The process of scheduling hearings in your court can be learned by contacting the clerk.The clerk may schedule you for a scheduling conference or hearing during which time the judge will ask questions to make sure all issues are ready for trial and to determine how much time will be needed for the hearing.The other party will need to be notified of the hearing date.Do you know if your court has a form for that?The amount of time the hearing will last should be included in the notice of hearing.
Step 15: Attend the hearing.
You need to dress nicely for hearing.Business suits are not required, but avoid shorts, flipflops, tank tops, mini skirts, and sagging pants.If you act like a person who will benefit the child, the judge is more likely to grant you grandparent rights.The hearing is likely to proceed in the following way: the opening statements of the petitioner and the witnesses called by the respondents.The witnesses were called by the Respondent.The closing arguments are summaries of the trial and arguments as to why the judge should rule in the petitioner's favor.
Step 16: The order needs to be prepared.
The winning side usually prepares the order, but the judge may keep blanks on the bench to tell an attorney involved in the case to prepare it.You can't enforce the rights the judge granted you without an order.If you are tasked with preparing the order and can't find a form for it, you can copy the caption from other documents in the case.
Step 17: Consider appealing.
You can appeal to a higher court if the judge ruled that you have no rights as a grandparent.If you have grounds to overturn the ruling, talk to an attorney.You have 30 days to appeal the order.To verify the time frame and procedure for appealing, check the Ohio Rules of Appellate Procedure.