Legal Question in Family Law in Ohio

My son got a girl (Tammy) pregnant. We all live in Ohio. Tammy is originally from New Jersey, where her Great Aunt was given custodial rights of Tammy until Tammy turns 21 (she is 20 now). Tammy had the baby when she was 20 (in Ohio), so the Great Aunt is saying that she has rights over the baby since she has "rights" over Tammy. She is also trying to have the courts recognize her as the baby's grandmother (she is the great-great aunt) since she essentially raised Tammy as her own daughter. Can all of this "stuff" that seems to have been created in New Jersey carry over to Ohio?


Asked on 1/15/14, 7:34 am

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

In Ohio, if a child is born out of wedlock and the male of the couple wants to establish some rights to the child, then he must establish paternity through a court process, usually with the Juvenile Division of the Court of Common Pleas for the County in which he lives. If a court proceeding in New Jersey was already begun, it may have some validity and effect, but if your son has never been notified of the proceedings in New Jersey nor given a chance to appear before that court to establish his rights, then the New Jersey order is open to a challenge for lack of subject matter jurisdiction.

Much depends upon where the child is right now. Often, the court that has jurisdiction to make orders concerning the child depends upon where the child is located. If the child is in New Jersey, then the New Jersey Court is going to be the one that you may have to do battle in. But if the child is in Ohio, then you may be able to file a case here and have the Ohio Court determine what rights everyone has to the child in question.

Read more
Answered on 1/15/14, 7:02 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Ohio