Mansfield, OH asked in Family Law for Ohio

Q: Can a non biological grandfather get visitation under grandparents rights?

Daughter died Dec 18th 2020. My significant other and I have been together as husband and wife for 13 years. Daughter and bio father separated but not divorced for 1.5 years. I (maternal grandmother) cared for baby while she was at work, since birth. We've filed for grandparents rights for visitation. We both have legal custody of granddaughter, who is the half sibling to the baby. The biological father is trying to get the case dismissed stating that my significant other is not related. The case is filed under my significant other name. My id is expired and I have lost my birth certificate and can't get it renewed. My husband and I present as husband and wife to all family, friends, associates and have assets in both names.

Related Topics:
1 Lawyer Answer
Nicholas P. Weiss
Nicholas P. Weiss
  • Cleveland Heights, OH
  • Licensed in Ohio

A: You need to refile under your name solely to have any hope here. Grandparents have no rights to visitation if the parents of the grandchild are legally married. They can get custody, but only if they are able to prove that the biological parent is unfit or abandoned the child.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.