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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
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Hi my name is XXXXX XXXXX I recently gave birth tob a beautiful

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Hi my name is XXXXX XXXXX I recently gave birth tob a beautiful baby girl. My question is one of grandparents visitation rights. I am engaged to my daughters father and my dad and his wife have filed for visitation rights. I read in ohio that because we are unmarried and only engaged, that my dad and stepmom have the right to take me to court over this. I do not get along with my father and stepmom. I don't want my daughter to have one with them either. Me and my fiance were living in their house while they lived and worked in Florida. When they came home we had a falling out and the prevented us from retrieving our personal belongings left in the house, including our daughters entire wardrobe and crib/stroller. My dad and stepmom never called to see when my daughter was being born and never attempted to contact me to meet my daughter once she was born and then about two weeks after she was born I got a letter from their lawyer stating they were taking me to court for visitation rights. Its my opinion that they are doing this just to be vindictive and I wanted to know if they have any rights even when they have never made an attempt to meet my little girl. I even contacted my father after I received the subpoena and told him that if he wanted to meet her that he could but that I do not want his wife my stepmom around my daughter. Can you please tell me if they have the right under these circumstances. Thank you

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.

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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.

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Customer: replied 4 years ago.

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.

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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.
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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.
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Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

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