Gregg R. Lewis

Trusted Family Law

Services In Columbus

Gregg R. Lewis
Trusted Family Law Services In Columbus

Companionship and visitation rights of a nonparent when one parent has passed away

On Behalf of | Jul 31, 2022 | Child Custody |

If you have a child in your family, but the father or mother passes away, you might wonder about your visitation rights. Some family members might worry that with the passing away of your blood relative, your connection with the child might end.

According to O.R.C. 3109.11, you have legal options to pursue if the parent does not let you see the child. Sometimes the surviving parent isolates their child from their extended family, knowingly or in ignorance.

Factors the court considers

Grandparents and relatives may file a complaint requesting reasonable companionship and visitation for unmarried minor children. The court considers several factors and makes its decision based on the child’s best interest. Some factors the court considers are prior relationships with the child, the geographical location of the relative, the surviving parent’s available time for parenting, the health and safety of the child, the child’s age, whether the relative has a criminal record, the physical and mental state of the relative and the parent’s wishes for their children. In addition to these factors, the court considers anything else that might affect the child’s well-being.

Supervision is not required

If the court grants you visitation rights as a child’s relative, you do not need any supervision from public services or any other agency. However, visitation rights do not guarantee visitation in the future, and the courts may revoke them as they see fit.

Sometimes family relations become strained. As a relative of a minor child, you do not have the same rights as biological parents. When a parent passes away, though, you have the option to request visitation and companionship for the well-being of the child.

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