Legal Question in Family Law in Ohio
grandparents rights
Our daughter died 3 years ago. We have custody of 2 of her children. The third lives with the sister of her father. She loves to visit us but lately her aunt has not been willing to let us see her. What rights do we have as grandparents? We live in Ky, they live in Ohio.
2 Answers from Attorneys
Re: grandparents rights
You should be able to file a motion for visitation priveleges in the probate court of the county where custody was granted.
Re: grandparents rights
This is actually a complicated question. First, it depends on what state issued the custody orders. If it was Ohio, then you should defer to an Ohio lawyer. If it was Kentucky, then we would need to look at whether you would qualify as a de facto custodian, whether there were visits already ordered, etcetera. There is a statute in Kentucky that gives visitation rights to grandparents but the US Supreme Court limited its applicability and usefulness in instances where PARETNS objected to the visits. Your situation is different and the statute may carry more weight.