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On principle, family law courts generally assume that parents will act in the best interests of the children and provide a safe, supportive environment. Unfortunately, this is not always the case, and certain situations may make you feel that your grandchildren will be better off living under your care. While Ohio law does allow grandparents to pursue custody of their grandchildren, it does require you to fulfill several legal requirements.

Pursuing Custody of Your Grandchildren

Proving the Parents Are Unfit

To succeed in your custody petition, you must prove to the court that both parents are unfit to provide for the children. For instance, you may present evidence that they are addicted to drugs and alcohol, don’t have the financial resources to care for the children, or can’t provide a safe environment. A history of domestic violence and neglect in the household can give the court good reason to consider your petition.

The Best Interests of the Child

family lawOhio family law requires the court to make custody decisions based solely on the best interests of the child. Even if you prove that the child’s parents are unfit, you must also prove to the court that the best place for your grandchildren is with you.

If you have served as your grandchildren’s guardian in the past or have a close relationship with them, the court will be more likely to give you custody. Before making a decision, the family law court will also look into your finances, health, and your home to ensure you can care for your grandchildren.

 

Child custody disputes are always extremely difficult, but a skilled lawyer can help you navigate the process and help achieve your goals. Lane, Felix & Raisbeck CO, LPA has provided effective, compassionate counsel to families throughout the Cincinnati, OH, area for over 30 years, offering services centered around the well-being of their clients. Visit their website for more on their family law services, or call (513) 922-7700 to schedule a consultation with a compassionate attorney.

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