Grandparent custody rights; What you need to know.

Grandparent custody rights; What you need to know.

Child Custody, Divorce/Dissolution

When the parents of a child divorce, sometimes one of the parents tries to keep the grandchild or children away from their former spouse’s parents. In other words, the mother may keep the children away from the paternal grandparents or vice versa.
 
What is in the best interest of the child is always the underlying consideration the Ohio courts take into account when making decisions about the rights of grandparents. Ohio provides statutory support for grandparents’ legal rights, but it’s not all-inclusive. “Best interest” decisions begin with the language of the court order or mediation agreement and apply to all visitation and custody rights decisions.
 
The 11 Factors that apply to all visitation and custody rights in Ohio are:

 

  1. The wishes and concerns of the child’s parents
  2. The child’s age
  3. The child’s adjustment to home, school, and community
  4. The prior interaction and interrelationships of the child with parents and other relatives
  5. The location of the grandparent’s residence and the distance from the child’s residence;
  6. The childs’ and parents’ available time
  7. The wishes of the child (if the court has interviewed the child)
  8. The health and safety of the child
  9. The amount of time that a child has available to spend with siblings
  10. The mental and physical health of all parties
  11. Whether the person seeking visitation has been convicted of or plead guilty to any criminal offense involving an act that resulted in a child being abused or neglected.

 

If a grandparent is denied visitation, a court is under no obligation to tell the grandparents why the visitation was denied. However, the judge might issue a written order explaining the decision. If there is no such written order, any party can ask the judge for an explanation. This is called a “finding of fact and conclusion of law.”
 

Grandparent custody right FAQs

If my son/daughter is divorced or going through a divorce, do I have visitation rights to see my grandchild?
Ohio law provides a grandparent with certain visitation rights with their grandchildren. A grandparent can file a motion with the court in a divorce, dissolution, legal separation or annulment for grandparent visitation rights. After hearing, the court will grant grandparents their own individual visitation rights involving a child if the person has an interest in the welfare of the child and if the court determines that the granting of the companionship for visitation rights is in the best interest of the child.

If my son/daughter is deceased, do I have visitation rights to see my grandchild?
The short answer is yes. Grandparents of a deceased parent can receive visitation rights. Ohio law states that if either the father or mother of an unmarried child is deceased the grandparents have the right to ask for visitation. The court will decide if it’s in the best interest of the child.

What if the parents of my grandchild were never married?
Yes, Ohio law provides visitation rights to a grandparent when the child’s mother is unmarried. The law says if a child is born to an unmarried woman, the grandparents have a right to request visitation rights. This includes both the biological father’s parents and mother’s parents. The court will determine what is in the best interest of the child with respect to any request.

What can be done if my grandchild is removed from the jurisdiction?
Any visitation request needs to be made in the Ohio County where the child lives. The only exception would be if a case had already been initiated in another county, then that county would retain jurisdiction.

What if my grandchild does not want to visit me?
It is up to the court to make a determination on this issue.

Do I have any financial liability if my grandchild visits me?
No. Child support is strictly between the biological parents.

If my grandchild is injured during a visit with me, can I get medical care for them during that visit?
Yes. If there is a court order allowing visitation and should the child need emergency medical care while under the care of a grandparent, they would be allowed to obtain medical treatment for the child while in their care.

Can I obtain legal custody of my grandchild?
It depends. In certain circumstances, Ohio law does allow a grandparent to obtain legal custody.
The court would need to determine the biological parents to be unfit.
The definition of unfit in Ohio generally means habitual drunkenness, habitual drug abuse, abandonment and other such issues that would again require the court to make a finding of unfitness.

What if my grandchild doesn’t live in Ohio?
The state of the child’s residence is considered their “home state”, and that state would have jurisdiction as to whether or not visitation rights would be granted. Each state has different laws as pertains to visitation rights and the state with jurisdiction would need to be contacted in order to ascertain what if any rights the grandparent has in that particular state.

What if my grandchild already lives with me?
The law provides a solution for the situation where a child is living with the grandparent and the parents of the child can’t be found. Although, this is only a temporary solution and is not the same as legal custody, it does allow a grandparent to do what’s necessary for the child such as, enrolling the child in school, taking the child to the doctor, etc.

The law states that if a child is living with a grandparent who has made reasonable attempts to locate and contact both of the child’s parents, guardians, or custodians but has been unable to do so, the grandparent may then obtain the authority to exercise care and physical custody by executing a caretaker authorization affidavit.

The more common scenario is when grandparents are raising their grandchild or grandchildren with the knowledge and consent of the biological parents. Ohio law provides that in certain circumstances a parent may give a grandparent a Power of Attorney to enroll the child in school, care for the child’s medical needs, etc. This is similar to the caretaker affidavit, however, the parent is present and willing to execute a power of attorney.

Furthermore, the affidavit must be executed by both parents if they’re married and living together, if the child is subject to a shared parenting order or if the child is subject to a custody order.

 

Contact us to discuss your rights as a grandparent.

 
For over 38 years, we have successfully represented clients in child custody and visitation matters. These cases are often emotional and profoundly consequential to our clients and the children. We ensure that you know the strengths and weaknesses of your case so you can make the best decisions for your family. 
 
In the Columbus Ohio area, call us to discuss your unique challenges. (614) 878-7777
 
What happens to her if something happens to you?

What happens to her if something happens to you?

All, Child Custody, Probate & Estate, Wills

It sounds simple; You just want to give your assets to the people you love in a way that provides for those that can’t provide for themselves and avoids fighting so the family stays strong.

Should I download a Will template or should I meet with a lawyer?

Family structures have gotten pretty complex in the last few decades. With many couples electing to not marry and live together with or without having children, with divorce rates over 60%, and remarriages extending core families, there are lots of horror stories stemming from Wills that weren’t written properly. Loopholes and estate plan ambiguity can provoke your loved ones to contest your Will and file lawsuits to claim what is “rightfully theirs”. Ohio inheritance laws update frequently. Uncle Sam may (but not often) want a piece, how can you minimize the tax? An estate lawyer can be extremely helpful.

What is actually yours to give?

If you’re married, divorced with children, or have contracts (i.e. prenuptial agreements and/or certain trusts), you may have restrictions.

What should your Will include?

Here are a few basics:

Beneficiaries are people you choose to receive real property or personal property in the form of cash or assets. It’s common to name your spouse, children, friends, charities, or other family members.

Executor is the individual who will carry out what’s written in your Will. You can choose whomever you like, but most people choose a responsible friend or family member. If you don’t name an executor, often this job falls into the hands of an administrator who has to pay for a bond.

Parental guardian: If you are caring for young children, it’s important to name the person(s) you want to raise your children should you pass away. Since this is a major life endeavor for the person or people you name, list a few individuals in case one or two of them are not in a position to take on this role at the time of your death.

What should be left out of your Will?

Conditional gifts: You are not allowed to leave conditional gifts, such as bequeathing money to a beneficiary on the condition that they get married, get divorced or make some other life change. Although it may make for a good movie plot, in real life, it’s just not legal.

Final arrangements instructions: Your Will is typically not read until after the funeral, so your requests may not be carried out.

Allocate property to pets: Pets cannot legally inherit any assets. This kind of thing happens more often than you would think! Create a Pet Trust and leave assets in the care of a Trustee for the benefit of your pets.

Should I include a personal note?

You can attach a personal note to your Will as a way to say goodbye to loved ones. It’s a good way to personalize a somewhat sterile document. Some people leave a video.

Your Will may not be the only part of an estate plan. Various trusts can be of enormous help and may have advantages over a Will. You also can leave assets to transfer at death outside of Probate Court. The most important thing is to make sure your Will is as clear as possible so that your wishes are fulfilled correctly.

Contact Estate Planning Attorney Chuck Bendig to get started.

How do I make a home safer for my elderly parents?

How do I make a home safer for my elderly parents?

All

If you have an elderly loved one, making adjustments to their home to make it more accessible is important for safety and independence, even if they don’t live alone. Can you imagine how frustrating it must be to not be able to navigate your own home; how a simple obstruction can keep you from getting in the front door? Below are 7 ways that you can help make a life a little easier and more independent.

1.Ramp

  • a wheelchair ramp should be one of the very first things on your list

2.Lighting

  • Install brighter blubs everywhere. New LED bulbs also reduce power consumption while making it easier to see.

3.Doorways

  • walkers, wheelchairs or mobility scooters don’t always fit through standard-sized doorways; consider widening doorways and entrances
  • replace doorknobs with lever handles.

4.Stairs

  • Unless you move your loved one’s bedroom downstairs and eliminate any need to access the second floor of the house, you will need a stairway lift or at least, carpeted stairs or non-slip treads.
  • strong railings at every staircase

5.Floors

  • remove throw rugs
  • apply non-slip wax to vinyl & wood floors.

6.Bathroom;

  • textured, no-slip strips in the bathtub and shower
  • grab bars near the toilets and in the tub/shower
  • a waterproof seat or chair in the shower
  • a high-profile toilet
  • a pedestal or wall-mounted sink that a wheelchair or walker can fit beneath.

7.Kitchen

  • replace knob-style kitchen faucet with lever style
  • move the contents of the top shelves
  • down to lower shelves to reduce the reach
  • remove obstructions that can trip (trash cans, bar stools, decorations, etc)

Encourage your parents to update or complete their estate plans. There are really 5 basic estate planning documents:

  1. Will
  2. Durable Power of Attorney
  3. Healthcare Power of Attorney
  4. Living Will
  5. Revocable Trust

It is a great gift for a parent to have everything in order when they pass. It can keep your family strong and minimize taxes. Their savings and possessions can help the people that they love.

It starts with a conversation. Call estate planning attorney Chuck Bendig @ 614.878.7777 or visit our website for answers to frequently asked questions and details.

Setting the record straight: Myths of the Living Trust

Setting the record straight: Myths of the Living Trust

Probate & Estate, Wills

If you’re reading this, chances are you have already thought about setting up a living trust.

First, let’s define the benefits of a living trust.

A living trust allows you to retain control over the trust property until death. Then, the trust is turned over to the successor trustee, chosen by you, to distribute the trust property according to your wishes. This helps to avoid probate, resulting in a faster and easier distribution to your beneficiaries without the additional costs that are often associated with probate. It also maintains your privacy since its provisions stay confidential, compared to a last will and testament, which becomes a matter of public record.

You can update a revocable trust at any time during your lifetime. Revocable living trusts are used to protect your property until your beneficiary is mature enough to make wise decisions about their inheritance.

Next, let’s delve into some common myths about a living trust.

Myth #1: Living trusts are only for the wealthy.
While it is true that many wealthy people set up trusts, it doesn’t mean that this option is only for the rich. In fact, many people with average incomes find living trusts to be extremely beneficial; especially those with children or dependents.

Myth #2: Living trusts only benefit beneficiaries, not the people making the trusts and not you, the grantor.
In fact, a trust allows for easier handling of your affairs if you become incapacitated, and makes things much less stressful for your loved ones that are left to care for your affairs when you’re unable to do so.

Myth #3: You can’t access funds once they’re in a living trust.
This ignores the “living” part of the living trust. All funds and assets can be made as accessible as you wish, to you or to whomever you choose. You can structure the trust so that everything is accessible to you and you alone until your death.

Myth #4: Creating a living trust is expensive and complicated.
Setting up a trust may cost a bit more up front than a last will and testament, but the cost savings later can make up for these expenses in the long run.

Myth #5: A will can do the same things a trust can do.
A living trust adds flexibility. For one, it allows you to give your hard-earned money and property to those you care about while still protecting it for them. For example, if you have beneficiaries who you feel are not able to handle large sums of money on their own yet. Maybe your potential beneficiary is struggling with debt or an unstable marriage; a living trust may be the perfect instrument for you.

Have a discussion with estate planning attorney Chuck Bendig. Call 614.878.7777

The Estate Planning Challenge of Blended Families

The Estate Planning Challenge of Blended Families

Probate & Estate

Blended families bring unique joys—but also unique challenges, especially when it comes to inheritance and estate planning. Without a clear plan, disputes can arise over who inherits what. Financial planning tailored to your family’s structure is essential for preserving relationships and ensuring your wishes are honored.

Here’s how to navigate financial planning for blended families:

1. Define Your Estate Planning Goals

Inheritance planning can be complicated when stepchildren and biological children are involved, particularly if your spouse isn’t their parent. Ask yourself:

  • What’s most important to me?
    Do you want your assets to support your spouse, your children, or both?

  • Are my children old enough to inherit directly?
    If not, you’ll need to set up structures like trusts to protect their share until they’re ready.

Pro Tip: Use estate planning tools like a Durable Power of Attorney to prevent disputes over who manages your affairs if you become incapacitated. For custody concerns, a clear Will can determine whether your children stay with their biological parent or your current spouse.

2. Regularly Review and Update Your Plan

Life is full of changes—marriages, divorces, new children, or evolving relationships. If your situation shifts, so should your estate plan.

Example:
When you first married, your focus might have been on your biological children. But now, you might view your stepchildren as your own. Update your plan to reflect this sentiment.

Key Tip: Revisit your plan every few years or after major life events to ensure it aligns with your goals and family dynamics.

3. Communicate Openly

Transparency can prevent family conflicts down the road. Sit down with your loved ones to explain your decisions and ensure everyone understands your intentions.

  • Discuss your plans with your spouse, but don’t feel pressured to compromise on your core wishes.
  • Talk to your children and stepchildren about their inheritance so they know what to expect.

Why It Matters: Lack of communication is a major cause of inheritance disputes. Open conversations now can save heartache later.

4. Be Cautious About Potential Conflicts

Blended families can face unique inheritance challenges. For example:

  • A wealthier spouse with their own children may want to safeguard their assets for those children, which can lead to tension with the new spouse.
  • Family heirlooms or sentimental items may cause disputes if not clearly designated in your plan.

How to Avoid Issues:

  • Prenuptial or Domestic Partnership Agreements: These documents clarify financial arrangements and inheritance expectations, reducing surprises.
  • Lifetime Gifting: Consider giving significant gifts while you’re alive, so you retain control and avoid executor conflicts later.

Pro Tip: Gifts under $15,000 per year (per recipient) don’t require federal reporting, helping you sidestep gift tax implications.

5. Balance Fairness and Your True Wishes

It’s natural to want to be fair to everyone, but fairness doesn’t always mean equality. For example:

  • You might leave heirlooms to biological relatives while still ensuring stepchildren receive monetary assets.
  • A charity, scholarship, or pet trust might also be part of your estate plan.

Golden Rule: Plan according to your values, even if it’s not what everyone expects. Discuss your decisions with your attorney and tax advisor for professional guidance.

Common Questions About Estate Planning for Blended Families

1. Do I need a lawyer for estate planning in a blended family?
Yes. Blended families have unique considerations, and a skilled attorney can ensure your plan is legally sound and tailored to your needs.

2. What happens if I don’t have a Will?
Without a Will, state laws determine inheritance—often favoring biological relatives over stepchildren or partners.

3. How can I avoid family disputes over heirlooms?
Clearly outline who receives sentimental items in your plan. Consider discussing your decisions with your family to minimize confusion or resentment.

Take the Next Step Today

Financial planning for blended families can be complex, but it’s essential for protecting your loved ones and honoring your wishes. By defining your goals, reviewing your plan regularly, communicating openly, and seeking professional advice, you can avoid common pitfalls and bring peace of mind to your family.

Contact Estate Planning Attorney Chuck Bendig today to start planning for your unique situation.