Family Law Questions? Ask a Family Lawyer Online.
As you suggested in your post, grandparents are permitted to file with the court to establish a visitation schedule. In determining whether to establish grandparent's visitation, the court is required to look at the best interests of the child. In other words, is it in the best interests of the child for the grandparents to have scheduled visitation.
Pursuant to Ohio statutes, the court is required to examine the following criteria; the location of the grandparents residence in comparison to that of the parents, the time available with the child and the parents, the child's age, the child's ability to adjust, the wishes of the child (if old enough to be reasonably stated), the child's mental and physical health and any convictions by the grandparents for crimes of child abuse.
.I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed. .If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied..Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line..Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.
For Joseph: thank you for your quick reply. The main point I left out in my original question is, what criteria do courts use to determine the "best interest for the child". My only worry is they can throw the money they have in our face where I am college student and my finance is a new college graduate just starting in his field. Our income does not come close to theirs but our child has everything she needs! They think money is love and that's not what I want to teach my child so does income play a part in a courts decision?
No, money is not a factor examined by the court. The criteria, as I listed above, do not include an examination of the finances of either the parents or the grandparents.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).