Legal Question in Family Law in Ohio

I have a 14yr old son currently under the custodial visitation of his mother. She currently is in Hospice of Dayton and I fear she is nearing the end of her battle with cancer. My son has been living with me for the past 5 weeks and his maternal grandmother has approached me with an "offer" of joint custody. Recently I have been giving information by some of her coworkers that she plans to get full custody of my son. Should I file now for emergency custody or wait?


Asked on 10/30/11, 11:03 pm

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

In Ohio, once the mother passes away, so do all of the mother's rights to visitation or custody. The grandmother can file a motion to convince the court that it is in the best interests of the child to be in her custody or for her to have visitation, but generally the courts favor the parents of the child over non-parents unless there is something in your record that makes you a risk to the child.

This response given is not intended to create, nor does it create an ongoing duty to respond to questions. This response does not form an attorney-client relationship. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change. Attorney is licensed to practice law only in the State of Ohio. Responses are based solely on Ohio law unless stated otherwise.

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Answered on 10/31/11, 5:32 am


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