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Grandparents Visitation Rights

Interviewer: You mentioned grandparents’ rights, or grandparents’ visitations. What rights do grandparents have? Does it depend on whether the nuclear family ‘s intact?

Adam: It depends on, first of all, who has custody of the children.

Interviewer: What kinds of rights do grandparents have, generally? What level of visitation or custody?

Adam: It would probably depend on where they live and the proximity to wherever the child is. Typically, you see an order where a grandparent could have an overnight visitation at least once a month. Sometimes they can arrange a little more, such as a four-hour visitation twice a week.

Notifying the Court If You Are Moving Out-of-State

Interviewer: Yes, this brings me back to a question I should have asked you about divorce. What happens if a parent wants to move out of state, or they get a job out of state during the divorce or after the divorce? How does that affect this situation?

Adam: They’re still going to have to attend the final hearing, or any trial that might come out of the divorce proceedings. There’s an order that they must notify the court when they are intending to move out-of-state. So prior to moving, they need to notify the court.

Interviewer: It that so there’s none of this, “I’m moving to Hawaii and taking the kids, and there’s nothing you can do about it,” type of scenarios?

Temporary Restraining Orders

Adam: Just threatening to do that would probably rise to the level of contempt. This is because there are temporary restraining orders in place when a divorce is filed to prevent parents from moving out or taking the children out of the jurisdiction of Ohio. Usually they’re restricted to the county and the surrounding counties.

Interviewer: When you file for divorce, there’s an automatic restraining order put on both parents to make sure that neither of them leaves the county or the surrounding counties of the jurisdiction with the kids?

Adam: Yes, that is right.

Interviewer: That’s good to know. I didn’t know that. Anything else that comes into effect that we need to talk about that restricts people ability to travel or to do things financially?

Restraining Order on Your Credit

Adam: The restraining order will also apply to their credit. They don’t want one of the parties to go out and ruin each other’s credit or, indirectly, by ruining their own. A restraining order also covers their finances including whatever money is in the bank.

Interviewer: I see. That’s automatically put in place?

Adam: That is correct.

Interviewer: That’s very good to know. I just want to make sure that we covered most of the areas that you typically get questions on. Any other common questions that people have that I haven’t asked you?

Adam: I can’t think of anything you haven’t covered. I guess the biggest factor is it’s going to depend on the individual circumstances of the divorce. The first question you always ask is whether there are children and have both parties talked about custody.

By Adam Hunt

Ohio Criminal Defense Attorney Adam Hunt
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