Aunt Seeking Visitation

[AnnaK]

Jurisdiction

Ohio

Hello, my husband is deceased, and his sister is seeking visitation with my children, which I am unwilling to allow due to certain factors in her behavior. The children regularly get together with their grandmother and uncle. How difficult will it be for me to prevail in this situation? (We are currently waiting for the court date).

 

[Zigner]

@Ohiogal is an Ohio family law attorney. She will be able to reply with knowledge of Ohio law, procedures, etc.

 

[PayrollHRGuy]

(We are currently waiting for the court date).

If you are waiting for a court date then that means legal proceedings have started. YOU NEED A LAWYER.

 

[justblue]

OhioGAL will pop in and respond to this thread a bit later.

 

[zddoodah]

We are currently waiting for the court date).

Does this mean that she filed a petition with the court seeking visitation? If so, are you represented by an attorney?

How difficult will it be for me to prevail in this situation?

Depends on the relevant facts and circumstances, none of which you have shared with us.

If someone has filed a legal action against you that seeks visitation with your children over your objection, you would be incredibly foolish not to retain legal counsel. That said, a simple google search will give you basic information about the relevant law, including things that courts consider.

 

[AnnaK]

Hello, thanks for your responses. Yes, I have an attorney. We already had an initial hearing where both sides laid out our arguments. Now we are waiting for the trial.

 

[adjusterjack]

Your lawyer should have already answered the question you originally posted.

 

[AnnaK]

Well, he says he doesn't know how difficult it will be for us to prevail in the case.

 

[justblue]

Well, he says he doesn't know how difficult it will be for us to prevail in the case.

What type of law does your attorney specialize in?

 

[AnnaK]

What type of law does your attorney specialize in?

Domestic relations and juvenile court issues.

 

[AnnaK]

What type of law does your attorney specialize in?

But he has worked on grandparent visitation cases, never aunt or other relatives.

 

[justblue]

But he has worked on grandparent visitation cases, never aunt or other relatives.

Did he file a motion to dismiss based on Aunts lack of standing?

 

[army judge]

Well, he says he doesn't know how difficult it will be for us to prevail in the case.

A competent, ethical attorney (much like any licensed professional) will never GUESS about your chances of prevailing in any legal proceeding.

The legal professional will simply represent your interests zealously, aggressively through the the proceeding.

He or she will keep you informed regarding any settlement or compromise offered to you in lieu of trial.

You should discuss all of your concerns with the attorney you hired.

It isn't in your best interests to share any of the details your attorney is bound to protect.

I wish you well.

 

[adjusterjack]

Well, he says he doesn't know how difficult it will be for us to prevail in the case.

Did he, at least, make you aware of the statute that addresses the issue?

It's Section 3109.11 of the Ohio Revised Code. The first paragraph applies to visitation issues with relatives.

Section 3109.11 - Ohio Revised Code | Ohio Laws

There are links in that paragraph to two other sections that address the many factors that the judge will consider. Click on them to read the appropriate sections.

I am unwilling to allow due to certain factors in her behavior.

What factors in her behavior would that be?

If she has had a relationship with the children in the past, during which the children were happy and unharmed, there is a chance that she would be awarded some visitation rights unless you have evidence (not just sayso) that she'd be a danger to the children.

 

[Ohiogal]

Hello, my husband is deceased, and his sister is seeking visitation with my children, which I am unwilling to allow due to certain factors in her behavior. The children regularly get together with their grandmother and uncle. How difficult will it be for me to prevail in this situation? (We are currently waiting for the court date).

Truthfully, she doesn't have standing for visitation (though they may allow it because your husband is deceased) because you and your husband were married. Relatives of unmarried parents would have had. She would also have to show unfitness per Troxel v. Granville. As long as you do not agree to her having visitation, she is extremely unlikely to get it.

 

[zddoodah]

Yes, I have an attorney.

Ok, then your question is MUCH better directed to your attorney than to anonymous strangers who know no relevant facts about the case.

 

[AnnaK]

Did he file a motion to dismiss based on Aunts lack of standing?

No, we just filed my objections. I guess the aunt does have standing in Ohio, where if one parent is deceased, a third party relative can file for visitation.
The behavior I am referring to is disparaging comments to my children about me and my parenting methods. Putting me down in front of my children.

Did he file a motion to dismiss based on Aunts lack of standing?

No, because in Ohio she has standing to file for visitation since my husband is deceased

 

[adjusterjack]

The behavior I am referring to is disparaging comments to my children about me and my parenting methods. Putting me down in front of my children.

What comments? Quote some?

How old are your children?

Do they take those comments seriously or do they know better?