Filing for bankruptcy is a significant decision, especially when you have concerns about the lasting effects on your credit. Unfortunately, many people are unfamiliar enough with the bankruptcy process that they make mistakes as they prepare to file. There are a few...
Family Law
Bankruptcy Law
Probate
Personal Injury
Amy M. Levine
View Profile
Our Latest Blog Posts
Why it’s never too early to see a divorce lawyer
Divorce in Ohio is an emotional and challenging time for all involved parties. The decision to seek legal representation might be upsetting, yet it becomes necessary due to various circumstances. The following may help you know when to seek legal help and how it can...
Common mistakes that can jeopardize a car accident claim
Being involved in a car accident can be a traumatic and stressful experience. In the aftermath of an accident, it's important to take the necessary steps to protect your rights and ensure that you receive the compensation you deserve. However, many people make...
Understanding undue influence and proving a will
Administering an estate does not always go smoothly. Unfortunately, not everyone acts in good faith when someone with substantial assets dies. Malicious individuals might try to take advantage of a sick or elderly person to inherit their wealth. Understanding the...
Issues that most people overlook in divorce in Ohio
Although divorce is often narrowly thought of as a legal process involving the division of assets, there are other important concerns that can be overlooked during this time. It is essential to consider these factors when making decisions, especially if you and your...
Visit Our Blog
Order granting grandparents visitation rights reversed on appeal
Contact Us For A
Free Consultation
Bold labels are required.
In the case of In re I.R.H., the Ohio Court of Appeals reversed an order granting the maternal grandparents visitation rights with the child. The case was sent back to the trial court to establish a more limited visitation schedule.
An Ohio statute authorizes grandparents to petition for court-ordered visitation rights in cases where the child’s parents are unmarried, or have filed proceedings for divorce, dissolution of marriage or legal separation, or one of the child’s parents is deceased. Visitation rights can be ordered if the court determines that the grandparent has an “interest in the welfare of the child” and that grandparent visitation would be in the child’s best interest. The court must consider a “fit” parent’s wishes when deciding whether to make an award.
Background and procedural history
The child was born in 2006, while the parents were married, but the parents obtained a divorce in 2009. The divorce decree provided for shared parenting.
The mother was killed in an automobile accident in 2012. The father permitted the grandparents some limited visits and invited them to soccer games and dance recitals. After disagreements arose, the grandparents filed a request for court-ordered visitation.
At the hearing, the father argued that forced visitation with third parties, including the grandparents, might be harmful to the child. He presented evidence that, since the mother’s death, the child suffered from separation anxiety and had difficulty being separated from the father, to the point where the child was unable to go on sleepovers with friends or family members.
The magistrate determined that it was important for the child to continue to nurture a relationship with the maternal grandparents, and that the father agreed, but that the father’s concerns were real and not vindictive, and overruled the grandparent’s request for expanded visitation.
The trial court overruled the magistrate’s decision, and granted visitation rights to the grandparents under the court’s standard visitation schedule for non-residential parents.
The Seventh District’s decision
The Seventh District agreed that the best interest factors supported visitation rights for the grandparents, but reversed the trial court’s ruling on two grounds.
First, the Seventh District held that the father’s due process rights were violated. Ohio law presumes that a fit parent acts in the child’s best interests. The trial court must give some special weight to the parent’s wishes, but the parent’s wishes are not the sole determining factor and they should not be placed ahead of the child’s best interest. The court’s duty is to protect the child’s best interest. The magistrate’s ruling indicated that he gave special weight to the father’s wishes, but that the trial court did not give recognition or special weight to the father’s opposition to visitation nor to his concerns regarding the child’s separation anxiety.
Second, the Seventh District held that it was improper for the trial court to issue a standard order of visitation. The standard visitation schedule included visitation every Wednesday evening, overnight visits on alternating weekends, and alternate visitation on all major holidays, the child’s birthday, and school vacations, including one-half of the child’s summer vacations. The appellate court stated that there is no court precedent for such an order, and that it extended even beyond the schedule which the grandparents had requested. The case was sent back to the trial court with instructions to establish a more limited, reasonable visitation schedule.
Contact an attorney
Individuals involved in family law matters such as child custody and visitation are urged to consult with a competent attorney for the protection of their legal rights.
Amy M. Levine
View Profile
Our Latest Blog Posts
Things to do before you file bankruptcy
Filing for bankruptcy is a significant decision, especially when you have concerns about the lasting effects on your credit. Unfortunately, many people are unfamiliar enough with the bankruptcy process that they make mistakes as they prepare to file. There are a few...
Why it’s never too early to see a divorce lawyer
Divorce in Ohio is an emotional and challenging time for all involved parties. The decision to seek legal representation might be upsetting, yet it becomes necessary due to various circumstances. The following may help you know when to seek legal help and how it can...
Common mistakes that can jeopardize a car accident claim
Being involved in a car accident can be a traumatic and stressful experience. In the aftermath of an accident, it's important to take the necessary steps to protect your rights and ensure that you receive the compensation you deserve. However, many people make...
Understanding undue influence and proving a will
Administering an estate does not always go smoothly. Unfortunately, not everyone acts in good faith when someone with substantial assets dies. Malicious individuals might try to take advantage of a sick or elderly person to inherit their wealth. Understanding the...
Issues that most people overlook in divorce in Ohio
Although divorce is often narrowly thought of as a legal process involving the division of assets, there are other important concerns that can be overlooked during this time. It is essential to consider these factors when making decisions, especially if you and your...
Visit Our Blog