OBTAINING CUSTODY RIGHTS IN JUVENILE COURT
Unwed Fathers
When unwed parents have a child in the State of Ohio, the birth mother is given legal custody rights to the child. Unwed fathers need to take a few simple steps to establish rights. An action must be filed in the juvenile court to obtain custody or a parenting time schedule that is enforceable.
Once an action is started, the Court must treat the Mother and Father as equals in making a custody determination. Although both parties start off on the same footing, the specific facts and circumstances can alter the allocation and are used by the Court to figure out what Orders should be issued in the best interests of the child(ren).
Having an attorney to help you understand what is important to the Court and to help you present relevant evidence is critical in these cases. Contact the Law Office of Stacy E. Dame, LLC to obtain the guidance and help you need. Get your rights established so you can enjoy your child and not be operating at the whim of the other parent.
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Unwed Mothers
It can be difficult when you have a child with someone whom you are not married to define a schedule and the division of responsibilities for the child. It may feel overwhelming and be additionally complex when the relationship with the child's father has become strained or is full of hostility.
Even in functioning relationships defining parental roles, schedules, and responsibilities is critical to avoiding conflict in the future.
If the father of your child has filed an action to establish his rights, you should consult with an attorney for assistance so you can protect your interests. Attorney Stacy E. Dame can provide direction and support in developing a plan that not only works for you, but is in your child's best interests. You have options and you aren't alone. Contact our office to obtain legal advice backed by the experience and compassion your situation requires.
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Grandparent Rights
Under Ohio law, a court can grant either custody or visitation rights to grandparents.
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Custody Grandparents may file a complaint for legal custody when he or she is concerned about his or her grandchild and the care he or she is recieving. The court will generally not award custody unless it can be proven that the biological parents/ custodians are unfit or unsuitable and the grant of custody to someone other than the parents would be in the best interests of the child.
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Visitation A court can grant visitation rights to a grandparent during or after a domestic relations proceeding if the grandparent has an interest in the welfare of the child and the court determines the visitation would be in the child's best interests.
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Ohio law specifically allows grandparent rights in the following situations:
1) When married parents terminate their marriage or separate
2) When a parent of a child is deceased; and
3) When the child is born to an unmarried woman if it is in the best interests of the child.
In many cases, a bilogical parent may be going through a difficult time (ex- struggling with drug or alcohol abuse or addiction) and may be temporarily unable to care for his or child. Grandparents and other interested individuals or relatives may be willing to step in and take over care of the children until the parent is able to resume appropriate care and supervision of the child(ren).
In these circumstances, a Motion can be filed with the court to establish temporary legal rights to a child. Taking the appropriate steps and going through the court is important to vest the temporary legal custodian has legal authority to care for and make decisions for the child including but not limited to educational and medical matters.
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The Law Office of Stacy E. Dame, LLC provides clients the aggressive and sympathetic representation needed in these situations. Call for a free consultation today.
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